User Agreement
1. Parties
1.1. This User Agreement (“Agreement”) is concluded between TURK AI Yapay Zeka Bilişim ve Yazılım Sistemleri A.Ş. (the “Company” or “PatentGuard”) and the CUSTOMER (trademark and patent attorneys and professional offices/companies operating in this field) who access the website at www.patentguard.ai (the “Site”) and any mobile applications that may be offered in the future (the “Application(s)”), and who purchase services from these platforms.
1.2. The Agreement enters into force upon the CUSTOMER’s electronic approval and remains in effect unless terminated by the parties in accordance with the procedures specified in the Agreement.
2. Subject and Scope of the Agreement
2.1. This Agreement applies to each service purchased by the CUSTOMER through the PatentGuard platform.
2.2. The Agreement is executed to set forth the terms and conditions governing the CUSTOMER’s use of PatentGuard’s services and the use of data uploaded to the Platform by the CUSTOMER (the “Content”), and to regulate the rights and obligations of the parties.
2.3. The Platform comprises PatentGuard’s web-based software services offered by the Company to the CUSTOMER and any mobile applications that may be developed in the future. In this Agreement, the Site and the Application shall together be referred to as the “Platform.”
2.4. Notices, rules, and terms relating to the Platform (hereinafter referred to as the “Terms of Use”) are published on the relevant Platform and constitute an annex and an integral part of this Agreement. The CUSTOMER accepts, declares, and undertakes that they will comply with the Terms of Use; that such terms take effect upon publication; that the Company has the right, in accordance with applicable legislation and with reasonable prior notice, to amend the Terms of Use; and that the CUSTOMER is obliged to follow these terms regularly.
3. Rights and Obligations of the Parties
3.1. The CUSTOMER accepts and declares that, in order to benefit from the Platform, they must provide the information requested by the Company fully, accurately, and up to date, and must approve this Agreement. If any information provided when establishing CUSTOMER status changes, it is the CUSTOMER’s responsibility to update such changes immediately. The Company is not responsible for any inability to access the Platform or benefit from the services due to incomplete, incorrect, or outdated information.
3.2. The CUSTOMER declares that they have the legal capacity required to enter into this Agreement. If the CUSTOMER accesses the Platform on behalf of a business or attorney office, they accept and undertake that they have the necessary authority to do so. In that case, all rights and obligations arising from CUSTOMER status shall belong to the relevant business/office.
3.3. The CUSTOMER is entitled to open a single user account. It is prohibited to open a second account with the same or different information to replace an account that has been suspended or terminated by the Company. The Company reserves the right, with reasons given, to refuse the opening of a user account or to request additional information/documents.
3.4. Access to the Platform shall be made via the e-mail address and password designated by the CUSTOMER. The CUSTOMER is responsible for maintaining the confidentiality and security of the password. All transactions carried out with the user account are deemed to belong to the CUSTOMER, and all legal and criminal liability arising from these transactions rests with the CUSTOMER. The CUSTOMER shall immediately inform the Company upon learning that their password has been used without authorization or that security has been compromised.
3.5. The CUSTOMER undertakes to use the Platform only in compliance with applicable legislation, this Agreement, and the conditions set out on the Platform. The CUSTOMER may use the Platform on behalf of third parties to the extent they are authorized to provide services to them. In such case, ensuring that the relevant third parties also comply with the provisions of this Agreement is the CUSTOMER’s responsibility.
3.6. The CUSTOMER may, if they wish, grant access rights to third parties (“Authorized Users”) to use the Platform. The identity of Authorized Users, their authorization levels, and access permissions are determined by the CUSTOMER. The CUSTOMER bears all responsibility for the Authorized Users’ use of the Platform.
3.7. Any and all content uploaded to the Platform by the CUSTOMER is owned by the CUSTOMER. The accuracy, lawfulness, and non-infringement of third-party rights of such content are entirely the CUSTOMER’s responsibility. The Company is only entitled to process, store, or use the content within the scope of the license granted by the CUSTOMER. All damages and liabilities arising from the content rest with the CUSTOMER.
3.8. In using the Platform, the CUSTOMER agrees not to perform any action that would damage the systems, jeopardize security, upload malicious software, gain unauthorized access, or carry out reverse engineering.
3.9. The CUSTOMER accepts that use of the Platform may be subject to transaction, storage, or access limitations that may be determined by the Company.
3.10. The CUSTOMER is responsible for keeping backups of the content they upload to the Platform by their own means. While the Company takes necessary technical measures to prevent data loss, it is not responsible for loss of content.
3.11. The Company shall process, store, and use CUSTOMER data in compliance with Law No. 6698 on the Protection of Personal Data (“KVKK”) and applicable legislation. If the CUSTOMER uploads personal data of their own clients or consultees to the Platform, they are personally responsible for providing the necessary notices and obtaining explicit consents under the KVKK.
3.12. In the event of technical issues, the CUSTOMER shall first seek a solution by reasonable self-help and, if the issue persists, shall contact the Company through its support channels.
3.13. The CUSTOMER shall use the communication tools provided on the Platform (messages, forums, etc.) only for lawful purposes. Sharing unlawful, offensive, or inappropriate content through these tools is prohibited.
3.14. The Company has the right, in accordance with applicable legislation and with reasonable prior notice, to make amendments to this Agreement and its annexes. Amendments take effect upon publication on the Platform. If the CUSTOMER does not accept the amendments, they have the right to terminate this Agreement.
3.15. The CUSTOMER may not assign or transfer their rights and obligations under this Agreement to third parties.
3.16. When the account is closed, the CUSTOMER may be unable to access content they have uploaded to the Platform. The Company may be obliged to retain certain information within the framework of legal obligations.
3.17. If the CUSTOMER acts in breach of this Agreement, the Company has the right to suspend the CUSTOMER’s account or to terminate the Agreement immediately. The CUSTOMER shall be responsible for compensating any damages that may arise in such a case.
3.18. The CUSTOMER accepts that they are entirely responsible for the security of the usernames, passwords, and access information of external patent or trademark registration/application systems not provided through the PatentGuard Platform. If such information is entered into the Platform, all consequences thereof rest with the CUSTOMER; the Company has no obligation in this regard. The CUSTOMER acknowledges that they enter such information knowingly and voluntarily and may delete it at any time.
3.19. The CUSTOMER undertakes not to allow third parties to use the special and confidential passwords, usernames, user codes, and similar access credentials provided to them under this Agreement; to take all necessary measures to prevent such information from falling into unauthorized hands; and to promptly notify the Company of any security breach. The Company cannot be held liable for damages arising from the CUSTOMER’s sharing of such information with third parties or enabling unauthorized use.
3.20. The CUSTOMER accepts that, in providing the services under this Agreement, the Company may obtain support from third-party software, infrastructure, or service providers and may outsource part or all of the work to such third parties.
3.21. If the CUSTOMER uses certain modules within the scope of the Platform (e.g., trademark and patent monitoring, opposition management, data reporting, etc.), special terms relating to these services shall be published separately on the Platform and shall constitute an annex to this Agreement. In the event of any conflict between the special terms relating to the relevant modules and the provisions of this Agreement, the special terms shall prevail.
4. Payment Terms
4.1. The CUSTOMER may benefit from the Platform only in return for full and complete payment of the fees stated within the Platform, using the payment terms and instruments specified therein.
4.2. The Platform may only be used within the scope of annual membership packages. Fees, payment terms, and effective dates relating to the annual membership packages and their contents (e.g., Standard, Pro, Enterprise, etc.) are announced in the relevant sections of the Platform.
4.3. The CUSTOMER may, at their discretion, upgrade their membership package. In the event of an upgrade, the new package fee may be calculated on a pro-rata basis for the remaining period of the current term and collected accordingly. Requests to downgrade a package take effect at the end of the current term.
4.4. The Company reserves the right to charge for any service offered within the scope of the Platform, to make a previously free service paid, or to change prices. Such changes take effect upon publication on the Platform. If the CUSTOMER does not wish to pay the fee, they may cease to benefit from the relevant service.
4.5. Unless otherwise requested, the CUSTOMER’s membership shall be automatically renewed at the end of each annual membership term. Unless the CUSTOMER requests termination prior to the renewal date, they agree to pay the fees set for the new term.
4.6. If the CUSTOMER purchases a prepaid service through the Platform, an electronic invoice will be sent to them after payment is completed. For postpaid services, payment must be made within seven (7) days following the invoice date. The CUSTOMER is responsible for paying taxes, duties, funds, and other statutory obligations relating to the relevant fees.
4.7. The CUSTOMER’s payment information (credit card, account details, etc.) may be processed via payment institutions operating in Türkiye or international payment infrastructures such as Stripe for the continuity of the membership and for processing updates. The CUSTOMER consents to the sharing of such information with the specified service providers.
4.8. During the annual membership term, in the event the membership ends for any reason—including termination of this Agreement—fees paid in advance shall not be refunded.
5. Confidentiality
5.1. Without prejudice to the laws, regulations, and legislation of the Republic of Türkiye in force, the Company and the CUSTOMER accept, declare, and undertake to keep confidential any information relating to the other party’s services, business processes, client/customer information, financial status, strategies, and similar matters, as well as any and all technical information under this Agreement; and not to disclose such information directly or indirectly to third persons or entities.
5.2. The Company and the CUSTOMER shall not use, reproduce, distribute, or transfer confidential information communicated to them for any other purpose, and shall take all necessary measures to ensure that their own employees and Authorized Users comply with this confidentiality obligation.
5.3. Confidential information includes any and all products, technology, procedures, business plans, financial information, client and supplier lists, data, know-how, software, designs, tariffs, pricing, and similar information shared between the parties in written, oral, or electronic form. The parties are obliged to take necessary security measures to prevent the use of such information by unauthorized persons.
5.4. Even if this Agreement terminates for any reason, the confidentiality obligations set out in this clause shall remain valid indefinitely.
6. Intellectual Property Rights
6.1. All rights, title, and interest in and to the Platform belong to TURK AI Yapay Zeka Bilişim ve Yazılım Sistemleri A.Ş. (the “Company”). Under this Agreement, the CUSTOMER is granted a personal, non-transferable, non-exclusive, and limited license to use the Platform. This license shall in no way be construed as a transfer of ownership. Within the scope of this Agreement, the CUSTOMER grants the Company a right to use, copy, process, store, and back up the content it provides for the purposes of accessing and using the Platform and delivering the services. The Company shall have the right to grant sub-licenses to third-party service providers with respect to the content, for the purpose of providing the services.
6.2. The CUSTOMER shall under no circumstances copy, modify, reproduce, reverse engineer, attempt to access the source code of, create derivative works from, or otherwise derive products from the Platform. The design, software, and content relating to the Platform may not be altered, reproduced, disseminated, or linked to or from the Platform without the Company’s express written consent.
6.3. The CUSTOMER shall not use the Company’s or its affiliates’ trade name, trademark, service mark, logo, domain name, or other intellectual property elements without the Company’s written approval.
7. Limitation of Liability
7.1. The applications, software, reports, and other content within the scope of the Platform are provided “AS IS.” The Company makes no commitment or warranty regarding their accuracy, completeness, or reliability. The CUSTOMER understands and accepts that the Company makes no undertaking regarding the correlation of content and the data provided. The Company does not guarantee that the Platform will be uninterrupted or error-free. While 24/7 access to the Platform is targeted, no warranty is given as to the operability of the systems enabling such access. The CUSTOMER accepts that access to the Platform may from time to time be impeded or interrupted. The Company shall not be liable for such interruptions.
7.2. The Platform may contain links to third-party websites, portals, or content not controlled by the Company. Such links are not provided as endorsements, and the Company assumes no responsibility for the linked sites, services, or content.
7.3. The CUSTOMER accepts that the quality of the services and content provided via the Platform depends largely on the connection provided by the Internet Service Provider and that the Company has no responsibility for issues arising from internet service quality.
7.4. The CUSTOMER is solely responsible for all content it uploads to the Platform. The CUSTOMER agrees to indemnify the Company against any and all claims, demands, and actions from third parties (including court costs and attorneys’ fees) arising from intellectual property infringements, uploaded content, or use of the Platform.
7.5. To the extent permitted by applicable law, the Company shall not be liable for any direct or indirect damages such as loss of profit, loss of goodwill, substitution costs, or data loss. The Company gives no express or implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose. In all cases, the Company’s liability shall be limited to the fees paid by the CUSTOMER for the relevant service.
7.6. The CUSTOMER is solely responsible for the accuracy, lawfulness, and security of all information, documents, and content it provides via the Platform. The CUSTOMER accepts and undertakes that the Company has no liability for any compensation, damages, or penalties payable to third parties due to such content, and that it will reimburse, upon first demand and without the need for any court decision, any losses the Company incurs in this regard.
7.7. The Company may, without notice or the need for a court decision, claim from the CUSTOMER any losses it incurs due to the CUSTOMER’s acts or omissions (including judicial/administrative fines, compensations arising from third-party claims, and court and attorneys’ fees).
8. Term and Termination of the Agreement
8.1. This Agreement enters into force when approved electronically by the CUSTOMER and remains in effect unless terminated by either party as set out below.
8.2. Either party may terminate this Agreement without cause and without compensation by giving at least thirty (30) days’ prior written notice to the other party’s notified e-mail address.
8.3. If either party fails to duly perform its obligations under this Agreement and does not cure such breach within the period granted following written notice by the other party, this Agreement may be terminated by the notifying party. In case of breaches by the CUSTOMER, the Company may suspend the account until the breach is remedied. If the CUSTOMER violates applicable legislation, the Company may terminate this Agreement for cause with immediate effect.
8.4. Termination does not affect rights and obligations accrued up to the date of termination. Upon termination, the CUSTOMER remains responsible for all fees and expenses accrued up to that date. In annual memberships, prepaid amounts are non-refundable, and access to the Platform ends as of the termination date.
8.5. If the CUSTOMER’s account remains inactive for six (6) months, the Company may unilaterally terminate this Agreement.
8.6. If providing the services becomes impossible due to national or international legislation, decisions of official and/or administrative authorities, or internal company procedures, the Company may terminate this Agreement, end the CUSTOMER’s access to the services, and/or suspend the account without prior notice. In such cases, no refunds shall be made to the CUSTOMER.
8.7. In the event of global security threats, cyberattacks, or similar extraordinary circumstances, access to the Platform from certain countries may be restricted or blocked.
8.8. If this Agreement is terminated or the membership ends, and provided there is no legal impediment, the CUSTOMER may request access to its content once within six (6) months from the termination date. Upon such request within this period, the Company may grant access for a period it determines, for up to forty-eight (48) hours.
8.9. At its sole discretion, the Company may charge an additional fee for content access requests made after the six (6) month period referred to in Clause 8.8. This fee shall be determined taking storage costs into account and notified to the CUSTOMER.
9. Amendments
9.1. The provisions of this Agreement and the Terms of Use may be amended by PatentGuard at any time, at its sole discretion.
9.2. The current version of the Agreement and notices regarding amendments shall be announced to the CUSTOMER electronically (e-mail, in-platform notification, etc.) and/or via the Platform.
9.3. The CUSTOMER is obliged to follow the amendments. Upon the relevant notice being given, the updated Agreement and Terms of Use shall be deemed to have entered into force.
10. Miscellaneous Provisions
10.1. The invalidity, illegality, or unenforceability of any provision or expression of this Agreement shall not affect the validity and enforceability of the remaining provisions.
10.2. This Agreement and its annexes constitute a whole. In the event of any conflict between the Agreement and its annexes, the provisions in the relevant annex shall prevail.
10.3. Communications with the CUSTOMER shall be made via the e-mail address provided during registration or through general notices published on the Platform. Notifications sent by e-mail shall constitute written notice. The CUSTOMER is responsible for keeping its e-mail address up to date and for regularly checking the notices on the Platform.
10.4. Turkish law shall govern the interpretation of this Agreement and any disputes arising from this Agreement and its annexes, and the Ankara Central Courts and Enforcement Offices shall have jurisdiction.
