IMPORTANT: This is an unofficial English courtesy translation of the Software Use Agreement. The Turkish version is the sole legally binding text; in case of any conflict or ambiguity, the Turkish version prevails. By creating an account or using the software you accept the Turkish original.
1.Notice
You are entering into an agreement. This text is the offer (proposal) for an agreement to be formed between you and EASYCENTRAL LLC. Once it reaches you — through reading it while creating a user account or during setup, in order to use the services provided by EASYCENTRAL LLC — and until it is modified by EASYCENTRAL LLC or until the time period during which you may immediately declare acceptance, it is binding. Your express or implicit declaration of acceptance, conveyed to us by any means, will form an agreement binding both parties under the relevant articles of Turkish Code of Obligations No. 6098. Confirmatory actions — including but not limited to downloading the software, using the software, or ticking the relevant checkbox to create the user account (which is not created without accepting this offer) — will, by law, mean that this offer has been read and accepted. Using the software without accepting this offer, or in violation of this text, entails legal and criminal liability.
2.Definitions
2.1.
“LICENSE”:The right granted under this agreement to use one, two, or all of the EASYCENTRAL-provided software named Amazon Tool Pro and EasyInventory and/or interfaces, solely through the user interfaces provided by EASYCENTRAL LLC, in accordance with this agreement and in particular for the purposes set out in section 8, in the manner set out in section 5, in exchange for the periodic fee, payment methods and durations set out in section 4, within the limits agreed in section 6 — without constituting a definitive transfer and without ever creating any exclusivity (monopoly).
2.2.
“EASYCENTRAL” or CONTRACTOR:Refers to EASYCENTRAL LLC.
2.3.
“USER” or “PROJECT OWNER”:Natural or legal persons who undertake to use the software developed and provided by EASYCENTRAL in accordance with the LICENSE and use the software for the purpose of earning income.
2.4.
“SOFTWARE”:The user interfaces — all intellectual, industrial and other rights of which belong to EASYCENTRAL — made available to the USER under the LICENSE; and those machine-readable computer programs developed by EASYCENTRAL under the names Amazon Tool Pro and EasyInventory that the USER uses for a fee in accordance with the LICENSE.
2.5.
“THIRD PARTY”:Parties outside this contractual relationship.
2.6.
“WEBSITE”:The website at https://easycentral.com and other web pages reachable from and belonging to this site.
2.7.
“INTERFACE”:Visuals, designs and/or other software provided by EASYCENTRAL for using the SOFTWARE, enabling communication between the USER and the SOFTWARE.
2.8.
“EASYCENTRAL APP LAUNCHER”:An interface software made available by EASYCENTRAL.
2.9.
“WEBKIT”:A web browser engine designed to allow web browsers to process web pages.
3.Subject of the Agreement
Under this agreement the USER will use the SOFTWARE under the LICENSE detailed herein, in exchange for a periodic fee, without constituting a definitive transfer and without ever creating exclusivity (monopoly). The scope of use is understood especially from sections 5 and 6 and their sub-sections.
4.License Fee and Use Period
4.1.
EasyInventory assists — without conflicting with the terms of use of Amazon Services LLC — in updating, comparatively filtering and (according to filters and settings the USER selects) automatically delisting from or uploading to Amazon inventory the products displayed in the USER's store(s) in the marketplace(s) created by Amazon Services LLC, with a reasonable number of details and at a reasonable speed enabled by cloud technology. All products uploaded to the Amazon store inventory are the USER's responsibility.
4.1.1.
The USER may choose one of 5 different versions of the SOFTWARE — Hazırlık, Başlangıç, Standart, Uzman, Profesyonel or Özel — with different contents, different pricing, all using a one-month subscription model with periodic payments. A month is calculated as the hours equal to 30 days (30×24); this period starts running from the moment the fee for the chosen plan is received in EASYCENTRAL's bank accounts. Even if performance of the main obligations is paused for reasons other than default, the parties' ancillary obligations and duties of conduct continue for as long as the USER's user-account agreement is in effect.
4.1.2.
EASYCENTRAL has, at any point of the contractual relationship, a unilateral right to change the LICENSE fee for periods not yet paid. Such fee-change becomes effective by operation of law as soon as it reaches the USER via the email address provided by the USER, the WEBSITE or the SOFTWARE interface or any similar means, and changes the relationship between the parties going forward. A USER who has been notified of a fee change may continue the existing LICENSE period at the previously paid rate; the fee increase will apply to the next periodic payment.
4.1.3.
Unless the USER cancels the subscription, the monthly amount of the selected plan will be collected each month from the USER's default registered card. Once a cancellation request is submitted, no automatic collection will be made at the end of the subscription period and the USER's SOFTWARE-use rights will be terminated. Already-collected SOFTWARE subscription fees are non-refundable and non-transferable.
4.1.4.
General Plan Subscription:The SOFTWARE is made available monthly in accordance with the LICENSE upon the USER's subscription request. A month is calculated as the hours equal to 30 days (30×24); the period starts from the moment the relevant plan amount is received in EASYCENTRAL's bank accounts. Under the chosen plan's features, the USER may use the SOFTWARE — keeping function and purpose the same — to track at most the number of products specified by that plan's limit.
4.1.5.
Custom Plan Subscription:The USER and EASYCENTRAL may agree, outside provisions 4.1, 4.2 and 4.3, on terms that modify the content of the SOFTWARE. Such agreements are subject to a separate offer-and-acceptance process; however, where the conditions of section 1 (Notice) are met, the provisions of this agreement also apply, to the extent compatible, to a Custom Plan agreement signed between the parties.
5.How the Software Is Used
5.1.
The USER will use the SOFTWARE within the limits drawn herein through a user account taken in their own name via the WEBSITE; that user account will be used via the interfaces provided by EASYCENTRAL or to be made available in the future, using the email address and password the USER has associated with their account. The SOFTWARE will be used in association with exactly one user account, separately obtained from Amazon Services LLC outside this agreement. EASYCENTRAL may, without prior notice, restrict use of the SOFTWARE to use through the EASYCENTRAL APP LAUNCHER.
5.2.
EASYCENTRAL undertakes no obligation regarding the supply of a computer with the configuration suitable for the SOFTWARE to run. Under this agreement, the USER undertakes to use the SOFTWARE on an IT system on which it can run error-free and, if necessary, together with additional software. The hardware and additional-software information required by the SOFTWARE will be provided by EASYCENTRAL upon the USER's request. Such information is advisory; if damage arises from incompatibility between hardware and SOFTWARE, EASYCENTRAL shall not be liable as per section 11 and its sub-sections.
5.3.
Both parties agree that, from the moment this agreement is formed, providing the IT system that will enable the SOFTWARE to operate and using it via suitable browsers is left to the USER. This IT system and/or browsers must meet the system requirements of the SOFTWARE. The parties agree that performance interruptions occurring otherwise may impair the SOFTWARE's operation and that this is not caused by EASYCENTRAL.
5.4.
The SOFTWARE is downloaded by remote access through EASYCENTRAL's access center and is not physically delivered to the USER.
5.5.
The SOFTWARE is designed to run best on applications with the WEBKIT browser engine. The USER undertakes to use the SOFTWARE only on applications with this browser engine. EASYCENTRAL accepts no responsibility if the software loses its function due to changes in this browser engine.
5.6.
Both parties agree that, while the SOFTWARE is used via a browser-extension interface, other extensions present in that browser may block or affect the use of the SOFTWARE; this is not related to EASYCENTRAL and does not give rise to any liability attributable to it.
6.Software Use Limits
6.1.
Use of the SOFTWARE means installation by the USER on the computer, running it, operating it for its intended purpose, and — only subject to the limits set out in this agreement — taking one backup for personal use.
6.2.
Provision of the SOFTWARE shall, in interpretation of the provisions herein and especially of 6.1, be applied narrowly so as not to exceed the other limits of the LICENSE set in this agreement.
6.3.
The USER may not, by any means, offer to third parties, allow third parties to use, sell or enter into any binding transaction concerning the SOFTWARE, the IT system on which the SOFTWARE is ready for use, or the rights of use arising from this agreement — whether for consideration or free of charge, by way of borrowing, rental, or any other legal cause; otherwise, liability for damages arises. The USER may not transfer the right of use, in whole or in part, to THIRD PARTIES. Before performing any transaction that would require transfer of possession of the IT system on which the SOFTWARE is used or located, the USER undertakes to block any access by the new possessor to the SOFTWARE by all means. Should the SOFTWARE be made available to third parties, EASYCENTRAL reserves all its legal rights.
6.4.
The USER may install and/or use the SOFTWARE on other IT systems they own, provided that they do not make it available to third parties and take qualified measures to prevent this.
6.5.
The USER must use the SOFTWARE in a manner compliant with the law.
6.6.
The USER may use the SOFTWARE in only one store per country in the marketplaces created by Amazon Services LLC. The USER may use the SOFTWARE in up to five different countries, with one store per country. The USER must notify the countries in which they wish to use the SOFTWARE and the stores dedicated to each country to support@easycentral.com via email. Use of the SOFTWARE for those countries will be activated after notification by email.
7.License Is Non-Exclusive
7.1.
The license granted by this agreement gives the USER no exclusive right associable with the SOFTWARE. This also means the USER does not have a monopoly right to use the SOFTWARE.
7.2.
Independently of this non-exclusive agreement, EASYCENTRAL may, with other PROJECT OWNERS, establish legal relationships, incur obligations and enter into legal transactions as it sees fit.
7.3.
EASYCENTRAL transfers no rights associable with the SOFTWARE; it merely provides the USER with permission to use the SOFTWARE within and in exchange for the limits of this agreement.
8.Purpose of Software Use
8.1.
The SOFTWARE has not been developed for the USER's consumption or personal needs. The USER will use the SOFTWARE only in its commercial activities — in the trade of goods for the purpose of earning money — in a manner that facilitates the realisation of its business's purpose of existence.
8.2.
The parties agree that the legal relationship between them is — rather than a vertical producer/consumer relationship — a horizontal legal relationship between two merchants aimed at facilitating the USER's commercial activities.
8.3.
The SOFTWARE takes a facilitating role for the USER's management of commercial activities — instead of managing those activities on the USER's behalf — and the parties accept that all control of the USER's commercial activities remains with the USER.
9.Right to Modify the Agreement
9.1.
EASYCENTRAL has the right to modify, update or add to the provisions of this agreement at any time. Upon entry into force of this agreement, the PROJECT OWNER undertakes to re-read this text before using this or other EASYCENTRAL SOFTWARE or performing any main or ancillary obligations. To facilitate this contract-based duty of conduct, EASYCENTRAL will indicate the agreement version in a way the PROJECT OWNER can easily see.
9.2.
EASYCENTRAL may decrease license fees, applicable to subsequent periods, in periods, manners and intervals it determines.
10.Termination
10.1.
EASYCENTRAL has the right, at any time and without giving any reason, to terminate this agreement without entering into any obligation other than the liquidation of existing main obligations.
10.2.
If the USER acts contrary to this agreement, engages in conduct constituting breach of obligation, fails to perform a required action, or impairs or exceeds any intellectual or industrial property of EASYCENTRAL (whether covered by this agreement or not), EASYCENTRAL may terminate the agreement without refunding the fees already paid (without liquidation), and the USER may not claim back the fees paid.
10.3.
In the event of force majeure that directly affects EASYCENTRAL's performance, EASYCENTRAL has the right to unilaterally terminate this agreement without liability for damages.
10.4.
The USER may not terminate the SOFTWARE on grounds arising from use that is contrary to the use forms set out in this agreement or on grounds the parties have agreed upon regarding use — particularly under provisions 5.3 and 5.6.
11.Disclaimers
11.1.
In general, EASYCENTRAL is disclaimed, to the broadest extent permitted by positive law, from damages arising directly, indirectly or otherwise from use of the SOFTWARE. In any case EASYCENTRAL's aggregate liability — whether from contracts, tort or strict liability — and the amount subject to any claim therefor shall not exceed the amount the claimant USER paid to EASYCENTRAL for services received in the 30 days preceding the assertion of liability.
11.2.
EASYCENTRAL shall not be liable for any delay or non-performance arising from force majeure or any resulting loss or damage.
11.3.
Damages arising from setup, installation, transition to a new version, product-use training and support services, misuse or unlawful use of the software, database or other software errors, operating system, communication network design and connection errors, voltage fluctuation and power outages, virus infection and similar environmental factors cannot be attributed to EASYCENTRAL.
11.4.
EASYCENTRAL has no liability for information and software losses arising from user errors, use of hardware or software contrary to their proper procedure and documentation, software and/or hardware changes and practices affecting the software's operation, or faults arising from environmental units and factors.
11.5.
EASYCENTRAL may include 'links' — in connection with or because of the SOFTWARE — to other websites and/or portals, files or content operated by third-party goods or service sellers or providers outside its control. EASYCENTRAL has no responsibility for portals, websites, files and content reached via such links.
11.6.
The parties agree that any temporary block or blacklisting Amazon Services LLC and related platforms may apply to the USER's IP addresses while using the SOFTWARE occurs during periods when amazon.com is generally busy and does not originate from EASYCENTRAL or its SOFTWARE — it arises from Amazon Services LLC, a third party outside this agreement.
11.7.
The parties agree that errors arising from data shown on the SOFTWARE being provided incompletely, inaccurately or partially by Amazon Services LLC and its related platforms originate from Amazon Services LLC.
12.Software Quality and Service Level
12.1.
EASYCENTRAL will exercise utmost care so that the SOFTWARE aligns with the documentation provided digitally and performs the defined functions to the best of its ability.
12.2.
EASYCENTRAL makes no claim or undertaking that the SOFTWARE is flawless, error-free or perfect, or that it will fully meet the user's specific needs. Use of the SOFTWARE will be provided to the USER on an as-is basis.
12.3.
EASYCENTRAL is deemed to have fulfilled its provision obligation to the extent that errors, bugs, service-access issues and similar imperfections in the SOFTWARE do not continuously prevent its intended use. EASYCENTRAL makes no service-level commitment regarding 24/7 uninterrupted service of the SOFTWARE.
13.Source Code Protection
Processing of the SOFTWARE's source code by IT systems falls within the LICENSE; operation of the SOFTWARE within sections 5, 6 and 8 and their sub-sections is included. In no way (including for the purpose of interoperability with other software) may the USER access the source code outside the scope of sections 5, 6 and 8 and their sub-sections, disassemble it in part or in full, alter its order, copy it, defeat the encryption protecting it, make it publicly available, or otherwise benefit from the source code outside the permissions of this agreement.
14.Version Changes
EASYCENTRAL has the right, without prior notice, to make changes to the Software and its documents and to release new versions and editions. EASYCENTRAL does not guarantee that information entered into or obtained from an old version/edition can be processed with the new version/edition. Support service for discontinued versions and editions is not available from EASYCENTRAL.
15.Support Services
To achieve its purpose and provide maximum efficiency, the Software must be installed in accordance with the installation instructions. Receiving support service from unauthorized persons or organizations by the USER will constitute breach of obligation.
16.Software Security
16.1.
The USER is responsible for the accuracy, security and storage of all usernames, passwords and similar data and for keeping them away from third parties. The USER is responsible for inaccuracies in such data, and/or any use of this information by obtaining or learning it from another, or for access to the SOFTWARE on the USER's behalf or to locations reached through the SOFTWARE.
16.2.
Product Information · License Verification:EASYCENTRAL requires activation via the USER's phone number so that the Software can be associated with the USER. Pursuant to article 5/2-c of Turkish KVKK Law No. 6698, this data processing occurs for the legal reason of forming this agreement and ensuring EASYCENTRAL performs its obligations to the correct person. The disclosure obligation regarding this processing will be separately fulfilled by EASYCENTRAL.
16.3.
EASYCENTRAL may, from time to time, perform verification audits regarding the Software. During activation, verification or use of internet-based services, the USER and/or the SOFTWARE may send information to EASYCENTRAL, or downloads may be performed automatically/manually for proper performance of EASYCENTRAL's obligations under this agreement (particularly the duty to make available). EASYCENTRAL may also, to track license use, prevent unlicensed use, make improvements and enhancements, or to verify, activate or terminate licenses — and limited to operational necessity — automatically access, access by any means, monitor, log and use for license verification or statistical purposes or any purpose specified in this Agreement, information about the SOFTWARE at the USER, the hardware on which it is installed, the product ID, modules, used or unused functions and configuration details. Where such data could qualify as personal data, this processing is performed pursuant to article 5/2-c of Turkish KVKK Law No. 6698 for the legal reason of forming this agreement and ensuring EASYCENTRAL performs its obligations to the correct person. The disclosure obligation regarding this processing will be separately fulfilled by EASYCENTRAL.
17.Conclusive Evidence
In case of dispute, all records, reports, documents and computer records kept by EASYCENTRAL shall constitute conclusive evidence in the resolution of disputes.
18.Notifications
All warnings and notifications related to this agreement may also be sent to the email address the USER entered during setup or activation or otherwise communicated to EASYCENTRAL. The USER may not claim that notice sent to this address was received by unauthorized persons. Notifications made to this email address have the legal effects of a valid notification.
19.Jurisdiction
For disputes between EASYCENTRAL and the USER, the parties agree in advance that Turkish law shall apply and that the Anatolian Side Courts of Istanbul and Enforcement Offices of the Republic of Turkey shall have sole and exclusive jurisdiction.
Questions?
For questions about this document, please contact us at support@easycentral.com.