Terms and Conditions

1. SCOPE

This Terms and Conditions, Derindere Turizm Otomotiv Sanayi ve Tic. A.Ş (hereinafter referred to as "DRD"), and the User who downloads the application to benefit from the services; to regulate the conditions regarding the Software Service to be provided by DRD and the rules for using the application. Under these Terms and Conditions, DRD and the User are referred to separately as "Party" and together as "Parties."

2. DEFINITIONS

User: Refers to the end user who would like to use the “Paylaşımlı Filo” mobile application to benefit from the Software Services provided by DRD.
Customer: The real/artificial person who enters into agreements regarding the Vehicle Rental Service and Software Service.
Contract: The End User Agreement concluded with the Customer, along with related documents and annexes.
Rental Service: The services provided by DRD through vehicles owned by DRD, which are rented to the Customer as specified in the Contract.
Software Service: The services provided via software.
Services: Refers to the combined Rental Service and Software Service.
Software: The platform that DRD will provide to allow the Customer to use the vehicle features specified in the Contract and enable the Fleet Manager to monitor it.
Fleet Manager: The Customer's insured employee who is authorized to control the vehicles subject to the Rental Service through the Software and use the Software and the Web Management Panel specified in the Contract.
Web Management Panel: A panel through which Fleet Managers will monitor real-time data analytics of vehicle usage, fuel consumption, fleet performance, total mileage, user management, reservations, and vehicle status via the Software.
Mobile Application: The application through which the User can access vehicle information, real-time reservations, location tracking, and keyless access features.
Hardware: The telematics devices that collect real-time data and transmit it to the Software.
Unauthorized User: A user who does not have authorization to access the vehicle subject to the Services.
Terms or Terms and Conditions: Refers to these usage terms and conditions.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS

The User fully accepts these Terms by checking the "I have read and accept the User Agreement" box in the Mobile Application. Until the Terms are accepted, the User will not be allowed access to the Services. No User has the right to partially accept the Terms. Each User agrees to comply with the conditions set by DRD and to provide any information and documents requested by DRD when necessary. DRD reserves the right to suspend and/or cancel the User's Account and the Services provided to the User without any notification if the User fails to comply with any of the provisions of these Terms. DRD reserves the right to change these Terms at any time. Any changes to the Software Service or the Terms will become effective upon publication of the relevant changes in the Mobile Application. Additionally, DRD may make changes or modifications to the Software Service, Mobile Application features, or interfaces at any time without notice and without liability to the User. By continuing to use the Services after the revised Terms are published, the User is deemed to have accepted the updated Terms.

4. PROPERTY AND SOFTWARE

The Software provides in-vehicle services to ensure the management and tracking of vehicle reservations, keyless access, and similar software and communication tools for vehicles subject to the Rental Service. The Software is developed by third parties outside of the Contract for DRD, and its ownership belongs to these third parties. The third-party software owner grants DRD a non-exclusive, non-transferable right to access and use the platform. The User agrees to provide all requested information and documents correctly and completely when creating their profile/membership in the Software's mobile application. The User also agrees to update any changes to this information immediately within the mobile application. The User is solely responsible for any legal disputes or damages arising from incomplete, outdated, or incorrect information. The User agrees that DRD may remotely access the Software for monitoring and reporting purposes, and the User waives any claims or demands related to these operations. The third-party software owner has obtained all necessary permissions, licenses, registrations, tests, and approvals to allow DRD to use the Software. DRD is not responsible for these matters. DRD does not guarantee the suitability of the Software for a specific purpose or that it will be error-free. The User obtains a non-exclusive right to use the Software during the use period. The User does not acquire any rights over the programs, documents, systems, or data provided for use. The User agrees to use the Software only for their own needs during regular activities and not to transfer, pledge, distribute, or otherwise dispose of it, or use it for marketing purposes. The User also agrees not to sublicense, lend, rent, copy, reproduce, decompile, reverse engineer, modify, adapt, or attempt to access the source code. In case of violation of this clause, the User will be responsible for all claims by the third-party software owner against DRD and will indemnify DRD for any damages. If the Services are used by Unauthorized Users, any damages incurred will be jointly and severally the responsibility of the Customer and the User. The Customer cannot claim that it is not liable for the damages based on the User’s access. Using the Software or Services by an Unauthorized User will be a violation of the Contract and Services, and DRD reserves the right to terminate the agreement unilaterally. In such a case, DRD reserves the right to suspend/disable access to the Software, terminate the Contract, and reclaim the vehicles. The third-party software owner may perform repairs, maintenance, or updates on the Software. DRD will notify the User in advance of such interruptions if possible and will make reasonable efforts to minimize any commercial impact. The User waives any claims for compensation related to such issues. DRD has the right to replace the Software with another one of equal service capacity that meets the Contract conditions. DRD will notify the Customer and User in advance of such a change if it occurs. The User agrees to use the Software in compliance with all applicable laws and the Contract terms. Any legal, financial, administrative, or criminal responsibility arising from the User's non-compliance with the applicable laws and the Contract will be borne by the User and the Customer. The User agrees that the Software is suitable for their operational environment and that DRD is not responsible for any incompatibility. The User agrees to assist DRD with providing necessary system requirements, network passwords, etc., to ensure the proper functioning of the Software. DRD is not responsible for delays due to the User's failure to provide the necessary infrastructure. The User agrees not to make any claims over the hardware used to facilitate the data flow between the Software and the vehicles and will not damage or interfere with the hardware in any way.

5.LEGAL AND JUDICIAL ENVIRONMENT

These Terms are governed by the laws of the Republic of Turkey, and any disputes related to or arising from these Terms will be resolved by the Istanbul Central (Çağlayan) Courts and Enforcement Offices.

In case of any disputes arising from or related to the interpretation or application of these Terms, the Customer and the User agree that DRD's commercial records will be deemed conclusive evidence in accordance with Article 193 of the Turkish Civil Procedure Code No. 6100.

In the event of any discrepancy between the English version and Turkish version of these Terms and Conditions, the Turkish version shall prevail.