Terms of Service

1. Agreement to Terms

Welcome to Makrops. These Terms of Service ("Terms") govern your access to and use of our website, services, and any related applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Definitions

• "Makrops," "we," "our," or "us" refers to Makrops and its affiliates
• "User," "you," or "your" refers to any person or entity accessing our Services
• "Services" includes our website, digital products, consulting, and development services
• "Content" means all text, graphics, images, software, and other materials on our Services

3. Description of Services

Makrops provides digital technology services including but not limited to:

• Digital Twin Development
• 3D Visualization and Rendering
• Web Application Development
• Mobile Application Development
• AI and Machine Learning Solutions
• Technology Consulting

The specific scope, deliverables, and terms for individual projects will be defined in separate project agreements or statements of work.

4. User Obligations

By using our Services, you agree to:

• Provide accurate and complete information when requested
• Maintain the confidentiality of any account credentials
• Use the Services only for lawful purposes
• Not attempt to gain unauthorized access to our systems
• Not interfere with or disrupt the Services
• Not use the Services to transmit harmful code or malware
• Comply with all applicable laws and regulations

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of Makrops or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Client Work Product

Unless otherwise specified in a separate agreement, intellectual property rights for custom work created for clients will be transferred to the client upon full payment. Makrops retains the right to use non-confidential aspects of the work for portfolio and marketing purposes.

5.3 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purposes.

6. Confidentiality

Both parties agree to keep confidential all non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential. This includes, but is not limited to:

• Business strategies and plans
• Technical specifications and designs
• Financial information
• Client lists and data
• Proprietary methodologies

7. Payment Terms

For paid services:

• Payment terms will be specified in individual project agreements
• All fees are quoted in the currency specified in the agreement
• Invoices are due within 30 days unless otherwise agreed
• Late payments may incur interest at 1.5% per month
• We reserve the right to suspend services for overdue accounts
• Taxes are the responsibility of the client unless stated otherwise

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that our Services will be performed in a professional manner consistent with industry standards. For development projects, we provide a warranty period (typically 30-90 days) for bug fixes as specified in project agreements.

8.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• MAKROPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Makrops and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you provide to us.

11. Termination

Either party may terminate the relationship:

• For convenience with 30 days' written notice
• Immediately for material breach that remains uncured after 15 days' notice
• Immediately for insolvency or bankruptcy proceedings

Upon termination, you must cease using our Services. Provisions that by their nature should survive termination will remain in effect.

12. Dispute Resolution

12.1 Negotiation

The parties agree to attempt to resolve any dispute through good-faith negotiations before pursuing formal dispute resolution.

12.2 Arbitration

For disputes that cannot be resolved through negotiation, the parties agree to binding arbitration in Istanbul, Turkey, under the rules of the Istanbul Arbitration Centre (ISTAC), unless otherwise agreed in writing.

12.3 Class Action Waiver

You agree that any dispute resolution will be conducted on an individual basis and not as a class action or representative proceeding.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law provisions. For EU users, mandatory consumer protection laws of your country of residence may also apply.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, or failures of third-party services or utilities.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Makrops regarding the use of our Services and supersede all prior agreements and understandings.