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User Agreement

    1. Parties
  • This User Agreement (the “Agreement”) is entered into between BenimPos.com and the person who registers as a user (the “User(s)”) on the website located at www.BenimPos.com (the “Site”). All rights to the Site belong to BenimPOS Bilişim Teknolojileri Limited Şirketi (the “Company”). The Agreement shall enter into force upon its acceptance by the User electronically and shall remain in force unless terminated by the parties in accordance with the procedures set out in the Agreement.

    • 2. Subject and Scope of the Agreement
  • This Agreement is entered into for the purpose of setting out the terms and conditions relating to the User’s use of the cloud-based and locally based sales and inventory tracking application accessed through the Site (the “Application”) and to the data uploaded to the Site by the User (the “Content”), as well as the rights and obligations of the parties in this respect. The terms of use, rules and conditions offered by the Company to Users within the Site in connection with the use of the Site and the Application also constitute an annex to and an integral part of this Agreement and, together with the rights and obligations set out herein, constitute the entirety of the parties’ rights and obligations.

    • 3. Rights and Obligations of the Parties
  • 3.1 The User declares that they are aware that, in order to benefit from the Application, they must approve this Agreement by providing the information requested by the Company in a complete, accurate and up-to-date manner. In the event of any change in the information provided when the User status was established, such information shall be updated immediately. The Company shall not be responsible for any failure to access or benefit from the Site or the Application due to such information being incomplete, untrue or out of date.
  • 3.2 The User declares that they are at least 18 years of age and have the legal capacity required to enter into this Agreement. If the User is accessing the Site on behalf of a business, the User acknowledges and declares that they hold the necessary authority to do so. In such case, the User status and the rights and obligations shall belong to that business.
  • 3.3 The User is entitled to establish a single User account, and it is prohibited for the User to establish a second account, using the same or different information, following the suspension or termination of the User account by the Company. The Company reserves the right to refuse the opening of a User account at its sole discretion, without giving any reason.
  • 3.4 The User shall access the Site using an e-mail address and password. The User shall be responsible for maintaining the confidentiality and security of this password; any and all activities carried out on the Site using such credentials shall be deemed to have been carried out by the User, and all legal and criminal liability arising from such activities shall rest with the User. The User shall notify the Company immediately upon becoming aware of any unauthorized use of their password or any other breach of security.
  • 3.5 The User acknowledges and undertakes that they will use the Application only for lawful activities and will act in accordance with this Agreement, its annexes, the applicable legislation and the other terms and conditions set out on the Site in relation to the Application. The User may use the Application and the Site on behalf of a third party, provided that the User is authorized to provide services to third parties. In this context, the User shall ensure that such persons also act in accordance with this Agreement and all other provisions applicable to the User.
  • 3.6 The User may, from time to time, authorize a third party to use the Application (an “Authorized User”). The identity of the Authorized User and their level of authority within the Application shall be determined by the User. The User is responsible for the use of the Application by Authorized Users, shall at all times control the Authorized Users’ access to the Application, and may at any time and without any reason change the Authorized User’s level of access to the Application or revoke their access. In the event of a dispute between the User and an Authorized User regarding access to the Application, the decision on the Authorized User’s access to the Application or the Content and on their level of access shall be made by the User.
  • 3.7 The Content shared by the User is owned by the User, and all responsibility for the Content rests with the User. The Company is entitled to use the Content under the license granted to it by the User under this Agreement. The Company cannot be held liable for the Content or for any loss or damage that the Content may cause, and, without limitation to the foregoing, the Company bears no responsibility whatsoever with respect to legal compliance, the accuracy of the Content, the payment of invoices, the collection of receivables, financial transactions and tax reporting. Ensuring compliance with the relevant legislation regarding financial transactions, taxes and other matters is the sole responsibility of the User. The User acknowledges that the Company may delete the Content from the Application and its systems based on requirements arising from the applicable legislation, in particular financial regulations, and that the Company shall not be liable for any damage that may arise in this context, including lost data.
  • 3.8 The User acknowledges and undertakes that they will not engage in activities that would jeopardize the security and integrity of the computer and network systems of the Company or, where the Application is hosted by third parties, of such third parties; that they will not use the Application in a manner that would prevent or harm the operation of the Application, the Site or other systems through which the services are provided, or the use of the Application and the Site by other users, nor use it improperly; that they will not gain unauthorized access to the computer systems on which the Application is hosted or to the Application beyond the scope of access granted to them; that they will not transfer or upload to the Site any files that would damage the computer systems, devices and software of the Company and third parties, or any unlawful Content (including copyrighted Content or Content constituting trade secrets, and other materials, which the User has no right to use); and that they will not modify, copy, adapt, reproduce, create source code from or reverse engineer the computer programs used in the provision of the services or the operation of the Site, unless absolutely necessary for ordinary use.
  • 3.9 The User acknowledges that their use of the Application may be subject to limitations, including monthly transaction and storage volumes. Such limitations shall be specified within the Application.
  • 3.10 The User shall keep copies of the Content uploaded to the Application. Although the Company complies with the policies and procedures necessary to prevent data loss, it does not guarantee that no loss of Content will occur. The Company is not liable for the loss of Content, regardless of how it occurs.
  • 3.11 The Company shall store and use the information and data shared with it by the User within the scope of the “Privacy Policy”, which constitutes an annex to this Agreement. The User acknowledges that, where a request is received from competent authorities in accordance with the applicable legislation, the Company may share the User’s information in its possession with the relevant competent authorities. Apart from this, information relating to the User and to the transactions carried out by the User through the Site may be used for the User’s security, for the performance of the Company’s obligations and for certain statistical evaluations. The Company also has the right to share the Content with other users in order to provide requested services, such as sending invoices or sharing payment information. If the User wishes to use Content belonging to other users, the User shall obtain the consent of the relevant users and shall use such Content within the scope of the consent given by the other user. This information may also be classified and stored in a database, and the Company may use such usage and transaction information of the User for performance evaluations, marketing campaigns of the Company and its business partners, annual reports and similar purposes, for the period necessary for these purposes, following the anonymization of such legal-entity information and data as legally permitted under Law No. 6698 on the Protection of Personal Data (KVKK). For the purpose of determining and classifying the characteristics of businesses in market research, the Company may itself use, or share with its business partners, information such as province, district, neighborhood and TAPDK (Tobacco and Alcohol Market Regulatory Authority) license number. The User acknowledges that the Content and other information may be stored and shared by the Company or third parties in data centers located in Türkiye or abroad.
  • 3.12 In the event of technical problems relating to the Application, the User shall make reasonable efforts to identify and diagnose the problem before contacting the Company. If the User continues to require technical support, the necessary support shall be provided through the Site, the Application or other appropriate channels.
  • 3.13 Where the User is provided with communication tools through the Site (such as forums, chat tools or a message center), the User declares and undertakes that they will use such communication tools solely for lawful purposes. The User shall not use such communication tools to share materials outside the purpose of the Application, including the sale of products and services, e-mails sent without the recipient’s consent, files that may damage the software and computer systems of third parties, content that is insulting to other users, or any unlawful content. The User undertakes that they are authorized to carry out every communication they make through the Site. The Company has no obligation to check the appropriateness of communications made through the Site or whether they serve the purposes for which the Application is used. With respect to other web-based communication tools accessed through the Application or used in connection with the Application, the User shall also exercise the same care that they are required to exercise when using the communication tools provided through the Site. The Company has the right to remove the communication tools it provides through the Site at any time at its sole discretion.
  • 3.14 The Company has the right to revise this Agreement and its annexes without any prior notice, and if this right is exercised, the relevant amendment shall enter into force upon the User’s next use of the Site. If the User does not accept such amendments, the User reserves the right to terminate this Agreement as set out below.
  • 3.15 The User may not transfer or assign, in any manner, the User account or the rights and obligations arising from this Agreement and the use of the Site to any third party.
  • 3.16 The Company has the right to display information such as the store name, city, etc. of a licensed User in its references section.
  • 3.17 If the User acts in breach of this Agreement and the other terms and conditions contained on the Site, or of their declarations and undertakings thereunder, the Company shall have the right to suspend the User’s membership or to terminate the Agreement as set out below and thereby end the User status. In such a case, the Company reserves the right to claim from the User any damages arising from such breach.
  • 3.18 The Company may switch to a paid version with or without notifying Users. Upon the switch to a paid version, a User who has acquired a free license right and whose account is active shall continue to use all applications free of charge. A User whose account is inactive shall continue to use the application(s) designated as paid upon payment of the specified fees. If the Company discontinues the application service or moves the service to a new name, the licenses of users with free licenses shall become invalid. Users with paid licenses shall have the right to use the new application specified by the Company.
  • 3.19 The User is obliged to report to the Company any software or design vulnerabilities they encounter in the Company’s applications. The User is responsible for all actions they carry out by exploiting such vulnerabilities through methods such as data manipulation, cyberattacks, data theft, server attacks, etc. in the Company’s applications, and is obliged to compensate for any pecuniary and non-pecuniary damage caused as a result of such actions.
  • 3.20 The Company may charge a usage fee for a new module or feature that it introduces in its applications. Throughout their license period, Users may benefit from the features existing as of the date on which they were licensed without ever paying a fee. However, if a module or feature added after the license date is subject to a fee, the User may use that new module or feature only upon payment of the specified fees.
  • 3.21 The Company regularly carries out improvement and development work on its systems in order to ensure data security and confidentiality, and makes the necessary efforts to this end. However, it gives no guarantee whatsoever against losses of information/data/content resulting from software- or hardware-related failures that may occur on its servers. Users may at any time download their data from within the application in Excel format through the relevant pages, or may use the desktop application to have their data stored locally on their own computers. The Company cannot be held liable for any pecuniary or non-pecuniary damages arising from losses of information/data/content resulting from software- or hardware-related failures that may occur on the Company’s servers.
  • 3.22 The Company may use the sales and transaction data generated by the User through the Application (including the store system code, geographic information, product information, sales amounts, and date and time information) for the purposes of reporting, producing statistics, market and industry analysis, examining price and product trends, and service development. The store identification data used in this context consist of internal system codes that are meaningful only within BenimPOS systems and that are not capable of directly or indirectly identifying any business from the perspective of third parties. Even with reasonable effort, it is not possible to determine the identity of the relevant business by means of these codes. The Company may share such data with its business partners for analysis and reporting purposes, in a manner that does not include personal data or the business’s trade name, contact information, customer information or any direct identifiers. The data sets shared constitute anonymous data within the meaning of the applicable legislation. The Company may generate commercial revenue from these analysis and reporting activities. The User acknowledges that they may not claim any fee, share, royalty or similar right in respect of such uses or of the revenue generated in this context. The data processing activities carried out under this article are conducted in accordance with the Company’s Privacy Policy and the applicable legislation.

    • 4. Intellectual Property Rights
  • 4.1 All rights, title and interest in and to the Site and the Application belong to the Company. Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Site and the Application. No provision of the Agreement or of the other terms relating to the Site shall be construed as transferring to the User any rights or interests relating to the Site and the Application. Under this Agreement, the User grants the Company a right of use for the use, copying, transmission, storage and backup of the User’s information and the Content, for the purposes of the User’s access to the Application, the User’s use of the Application and other purposes related to the provision of the services. The Company is entitled to grant sublicenses to third-party developers in respect of the Content for the purpose of providing the services.
  • 4.2 The User has no right, in any manner or for any reason, to copy, modify, reproduce, reverse engineer or decompile the Site or the Application, or otherwise access the source code of the software on the Site, or create derivative works from the Site. Any modification of the browser and content relating to the Site, and linking to or from the Site without the Company’s express permission, are strictly prohibited.
  • 4.3 The User shall not, in any manner, use the trade name, trademark, service mark, logo, domain name, etc. of the Company (or its affiliates).
  • 4.3 The User shall not misappropriate the ready-made products available on the site by any cyber or manual method.

    • 5. Limitation of Liability
  • 5.1 The Application, software and other content on the Site are provided “AS IS”, and in this respect the Company has no liability or undertaking whatsoever regarding the accuracy, completeness and reliability of the Application, software and content. The User understands and acknowledges that the Company further makes no undertaking regarding the relationship between the Content and other User data. The Company does not undertake that the use of the Application will be uninterrupted and error-free. Although the Company aims for the Application to be accessible and usable 24/7, it gives no guarantee regarding the operability and accessibility of the systems providing access to the Application. The User acknowledges that access to the Application may be blocked or interrupted from time to time. The Company is in no way liable for such blocking or interruptions.
  • 5.2 The User acknowledges and declares that links may be provided through the Site to other websites and/or portals, files or content that are not under the Company’s control; that such links are not intended to endorse the website to which they lead or the person operating it and do not constitute any kind of representation or warranty regarding the website or the information it contains; and that the Company has no responsibility whatsoever with respect to the portals, websites, files and content, services or products accessed through such links or their content.
  • 5.3 The User acknowledges that access to the Application(s) offered through the Site and their quality depend to a large extent on the quality of the service obtained from the relevant Internet Service Provider, and that the Company bears no responsibility for problems arising from the quality of such service.
  • 5.4 THE USER IS SOLELY RESPONSIBLE FOR THE CONTENT THEY UPLOAD AND FOR THE USE OF THE SITE AND THE APPLICATION. THE USER ACKNOWLEDGES THAT THEY HOLD THE COMPANY HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) THAT MAY BE BROUGHT BY THIRD PARTIES IN RELATION TO INTELLECTUAL PROPERTY INFRINGEMENTS, THE CONTENT, OR THE USE OF THE APPLICATION AND THE SITE.
  • 5.5 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ITEMS SUCH AS LOSS OF PROFIT, LOSS OF GOODWILL AND REPUTATION, AND EXPENDITURE INCURRED FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES. IN ADDITION, THE COMPANY FURTHER DECLARES THAT IT GIVES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ANY EVENT, THE COMPANY’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER FOR THE SERVICES THAT ARE THE SUBJECT OF THIS AGREEMENT UP TO THE DATE ON WHICH THE RELEVANT DAMAGE OCCURRED.

    • 6. Entry into Force and Termination of the Agreement
  • 6.1 This Agreement shall enter into force upon its acceptance by the User electronically and shall remain in force unless terminated by either party as set out below.
  • 6.2 Either party may terminate this Agreement at any time, without giving any reason and without paying any compensation, by written notice sent 1 (one) week in advance to the e-mail address notified by the other party.
  • 6.3 If either Party fails to fully and properly perform its obligations arising from this Agreement and such breach is not remedied within the given period despite written notice by the other party, this Agreement may be terminated by the party giving the notice. If such breach is committed by the User, the Company shall have the right to suspend the User status until the breach is remedied. If the User violates the applicable legislation, the Company may terminate the Agreement for just cause with immediate effect.
  • 6.4 Termination of the Agreement shall not eliminate the rights and obligations of the Parties that have arisen up to the date of termination. Upon termination of the Agreement, the User shall be liable for all fees and expenses incurred up to that date and shall not be able to use the Site and the Application as of the date of termination. In the event of termination of prepaid memberships, no refund shall be made to the User.
  • 6.5 If the User’s account remains inactive (no login to the web application) for 1 (one) month, the Company may terminate this Agreement.
  • 6.6 If the User infringes the Intellectual Property Rights set out in this Agreement, the Company may terminate this Agreement.
  • 6.7 Where the User account has not been blocked for legal reasons and the Agreement has been terminated, the Company shall at all times provide read-only access to the Content.
  • 6.8 The Company has the right to store the Content in its databases for as long as this Agreement remains in force. The Company may charge a fee for such requests submitted after the expiry of this period. The relevant fees shall be specified within the Application.

    • 7. Refund and Cancellation
  • 7.1 The service that is the subject of this Agreement is a software service purchased for commercial/professional purposes. Since the User is deemed a "Merchant" under the provisions of the Turkish Commercial Code (Law No. 6102) or engages in commercial business, Consumer Protection Law No. 6502 and the related "Right of Withdrawal" provisions do not apply under this Agreement.
  • 7.2. Purchased license packages cannot be cancelled after performance of the service has commenced, and no refund of the fees paid to the Company may be requested.

    • 8. Miscellaneous Provisions
  • 8.1 The invalidity, unlawfulness or unenforceability of any provision of this Agreement or of any statement contained in the agreement shall not affect the force and validity of the remaining provisions of the Agreement.
  • 8.2 This Agreement forms a whole together with its annexes. In the event of any conflict between the Agreement and its annexes, the provisions contained in the relevant annexes shall prevail.
  • 8.3 Communication with the User shall be made via the e-mail address provided during registration or through general announcements on the Site. Communication by e-mail shall be deemed to constitute written communication. It is the User’s responsibility to keep their e-mail address up to date and to check the Site regularly for announcements.

    • 9. Force Majeure
  • 9.1 In all circumstances legally deemed force majeure (including natural disasters, riots, war, strikes, communication infrastructure problems, internet outages, power outages and adverse weather conditions), the Company shall not be liable for late, incomplete or non-performance of any of its obligations set out in this Agreement.
    • 10. Dispute Resolution and Competent Court
  • 10.1 Turkish law shall apply to the resolution of any and all disputes that may arise from this Agreement, and the Ankara Courts and Enforcement Offices shall have jurisdiction.

    • 11. Amendments to the Agreement and Acceptance of the Current Agreement
  • 11.1 The Company reserves the right to unilaterally update, amend or renew this User Agreement and its annexes (including the Privacy Policy and the Information Notice) at any time. The updated agreement text shall enter into force on the date it is published on the Platform. The User’s continued use of the Application and/or the Platform after the updated agreement enters into force means that the User has read and accepted the current terms of the agreement. If the User does not accept the updated terms of the agreement, the User has the right to terminate the agreement by immediately ceasing to use the Application.
Last updated: 15.12.2025

This English version is a translation provided for convenience. In case of any discrepancy, the Turkish version prevails.