InstaPatent application (“Application” or “InstaPatent”) and InstaPatent website “instapatent.net” (Website) are offered by ARDIC Ar-Ge Bilgi ve Teknoloji Çözümleri Anonim Şirketi (“ARDIC” or “we”).
Users agree that these Terms of Use (hereinafter referred to as “Terms”) will come into force upon their approval and that they are obliged to comply with the provisions specified in these Terms. In these Terms, ARDIC and Users will be referred to individually as a “Party” and collectively as the “Parties”.Users agree that these Terms of Use (hereinafter referred to as “Terms”) will come into force upon their approval and that they are obliged to comply with the provisions specified in these Terms. In these Terms, ARDIC and Users will be referred to individually as a “Party” and collectively as the “Parties”.
The subject of these Terms of Use is to determine the rights and obligations of the Parties regarding the User’s use of the Application and Website provided by ARDIC via Google Play and Apple Appstore.
ANY DOCUMENT TURNED INTO NFT USING THIS APPLICATION DOES NOT HAVE A “PATENT” FEATURE. SIMPLY, THE CREATED NFT WILL BE TIMESTAMPED.
3.1. The Application and Website are open to everyone, provided that they use the Application and Website in accordance with ARDIC's terms published on the Application and Website and the relevant legislation, especially these Terms. The User undertakes to comply with these Terms and their annexes, other terms to be determined by ARDIC on the Application and Website, laws, ethics, etiquette and honesty principles when using the Application and Website.
3.2. The User is solely responsible for the use and management of all information that enables the use of the Application and the Website and for keeping his password confidential and secure. Any transaction carried out through the User's account will be deemed to have been carried out by the User, and the User will be solely responsible for any damages incurred by the User and/or third parties as a result of the use of this information by any person other than the User, or in case such information is lost or transferred.
3.3. The User will first download a special software (“Application” or “InstaPatent”) to their smart devices such as a tablet or phone, via a link that will direct them to application stores such as Google Play or Apple Appstore, provided on the Website, or directly from the application stores.
3.4. The User acknowledges that he/she is aware that the security software he/she is using may interfere with the operation of the Application and therefore the Application may not work and may experience reduced performance. The User is solely responsible for examining whether the Device and other software and applications on the Device have features that may prevent or limit the use of the Application. The User accepts that ARDIC cannot be held responsible for not making such inspections or locking the Device due to the use of the Application depending on the device features, and that he/she will be solely responsible.
3.5. The rules regarding user information are stated in the Privacy Policy. ARDIC will not use User information outside the scope specified in these Terms and the Privacy Policy and will not disclose this information to third parties. In some cases, ARDIC may collect Device-specific non-personal data through cookies. This data is used to better understand the User and improve the utility, performance and operation of the Application and Software. The user agrees to consent to such use of such data.
3.6. Any legal, administrative and criminal liability that may arise from the use of the Application belongs to the User. ARDIC cannot be held directly or indirectly responsible for any damages and/or violations that may be incurred by third parties as a result of the activities carried out by the User through the Application or Website. In this context, any claims made by third parties and damages that may arise from the User's failure to fulfill its obligations specified in the Terms will be recourse to the User.
4.1. All monetary, moral and commercial rights of ARDIC's system, Website and Application, including but not limited to images and designs, texts, logos and graphics on the Site and/or Application, belong to ARDIC. ARDIC agrees to grant the User a non-exclusive and non-transferable right to use the software provided through the Application. Such limited usage right granted to the user shall not be interpreted against ARDIC.
4.2. The User will use the Application only within the scope of these Terms. The user cannot lend this right, cannot have it used by third parties (individual, institution, organization, company, etc.) in return for rent or free of charge, and cannot transfer this right to third parties.
In this context IT IS FORBIDDEN:
Copying or reproducing the information, content and/or software used by ARDIC within the Application; use, distribution, operation of this information, content and/or software outside the scope specified in these Terms;
The User engages in activities that may threaten the security of the Application or Website ARDIC systems and/or harm the Application, ARDIC and other users;
To attempt to prevent the operation of the Application or Website and other software or to impose a disproportionate load on the system or Application, which may cause the problems mentioned above;
Gaining unauthorized access to information published on the Application or Website and/or entered by others into the Application or Website or to the source codes of software or ARDIC systems;
To copy, remove, modify or make any attempt to do so;
Using any software that may prevent the operation of the Application and/or the Website, attempting to use such software or disrupting the functioning of any software, hardware and servers, causing such software, hardware and servers to malfunction, performing reverse engineering, damaging such software, hardware and servers attack, distract or interfere with them in any way; or attempts to access ARDIC servers.
The User agrees that it will not compete with ARDIC or the Application in the above-mentioned ways or otherwise, and will not support any third party who wishes to do so.
4.3. Any component of the Application or the Website cannot be published in any media, including but not limited to written, verbal and/or electronic means, and/or links to them cannot be given without the permission of ARDIC.
If you use InstaPatent to create, mint, sell, trade or otherwise distribute NFTs and/or any other cryptographic assets, the prices and value of NFTs may fluctuate significantly. User accepts and fully understands the risks involved in purchasing and/or selling NFTs.
6.1. The Application and the Website are provided by ARDIC "as is", and ARDIC does not make any claims or commitments that the Application and the Website are error-free, flawless or meet the User's personal needs.
6.2. ARDIC can not be held responsible for
(i) The consequences and damages arising from the use or misuse of the Application and the Website by the User and the User's failure to fulfill his commitments and obligations; any special, incidental or consequential damages that may result from such failure; resulting economic damages; Any loss of profit, loss of data, loss of business, loss of reputation, loss of expected savings, loss of income and all kinds of material and moral damages, compensation claims of third parties;
(ii) All hardware, system software/other software and network-related functions and any problems that may arise accordingly;
(iii) Network, internet connection, design and connection problems;
(iv) Any changes, updates and similar operations that may be made to the Application and Software by the User or third parties;
(v) Damages caused by voltage fluctuations, power outages, virus attacks and similar environmental factors.
The User acknowledges that in case of any interruption, especially an internet outage, the User may not be able to use the Device normally immediately, and the Device may need to be reset to factory settings in order to be used normally again; accepts that ARDIC cannot be held responsible for any loss or damage, especially data loss, that may occur in such cases.
6.3. ANY RISK RELATED TO THE USER'S USE OF THE APPLICATION OR WEBSITE OR BENEFIT FROM THE SERVICES WILL BE WITH THE USER EXCLUSIVELY. THE USER AGREES THAT THEY WILL NOT MAKE ANY CLAIM FROM ARDIC, UNDER ANY CIRCUMSTANCE, REGARDING THE USE OF THE APPLICATION OR THE WEBSITE OR THE CONTENT SHARED ON THE APPLICATION BY OTHER USERS, AND THAT ARDIC DOES NOT PROVIDE ANY GUARANTEE OR COMMITMENT IN THIS SCOPE, DECLARES AND WARRANTS. ARDIC, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES ARISING FROM THE USE OF THE APPLICATION OR WEBSITE OR THE ACTIVITIES OF USERS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, GOODWILL AND REPUTATION WILL NOT BE RESPONSIBLE FOR. THE SERVICES AND OTHER CONTENT OFFERED THROUGH THE APPLICATION OR WEBSITE ARE PROVIDED "AS IS" AND IN THIS CONTEXT, ARDIC DOES NOT HAVE ANY RESPONSIBILITY OR COMMITMENT FOR THEIR ACCURACY, COMPLETENESS OR RELIABILITY. ARDIC DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT UNDER THESE TERMS OF USE.
6.4. The User acknowledges that links may be provided to other websites and/or platforms, files or contents that are not under the control of ARDIC through the Application and the Website, that third party services may be offered, and that such links may be directed to the website or to support the person operating/providing the service or to support the website or the content it contains. acknowledges and declares that it does not constitute any kind of statement or guarantee regarding the information, and that ARDIC has no responsibility for the platforms, websites, files and contents, services or products accessed through such links, or their contents.
6.5. The User acknowledges that access to the Application and the services offered through the Application and their quality depend largely on the quality of the service provided by the relevant internet service provider and that ARDIC has no responsibility for problems arising from the quality of service in question, that the operation of the Application is not free from defects and that technical glitches or access problems may occur from time to time. accepts and declares that he/she may encounter obstacles.
6.6. No Professional Advice or Liability. All information provided by or on behalf of ARDIC is for informational purposes only and should not be construed as professional, financial or legal advice. You must not take, or refrain from taking, any action based on any information contained in these Terms or provided by or on behalf of ARDIC. Before making any financial, legal or other decisions involving InstaPatent, you should seek independent professional advice from persons licensed and qualified in the field in which such advice would be appropriate. You should always use caution when providing any personal information to other Users or third party linked websites through InstaPatent. ARDIC does not control or endorse User Content, any third party content, messages or information found on InstaPatent, and ARDIC shall not be responsible for any use or misuse of User Content by any User. ARDIC specifically disclaims any liability in relation to InstaPatent and for any actions resulting from your use of InstaPatent.
6.7. Blockchain Technology Disclaimers. To the fullest extent permitted by applicable law and notwithstanding anything expressly stated herein, ARDIC disclaims all liability in relation to:
(a) Use of Blockchain Technology. ARDIC uses experimental cryptographic and blockchain technologies, including tokens, cryptocurrencies, stablecoins, “smart contracts,” consensus algorithms, voting systems, and distributed, decentralized or peer-to-peer networks or systems, to provide InstaPatent. You acknowledge that such technologies are new, experimental and speculative and therefore there are significant uncertainties regarding their operation, effects and risks, and the application of existing laws to them. To the fullest extent permitted by applicable law, ARDIC excludes all liability in relation to the foregoing.
(b) Specific Risks of Blockchain Technology. The technology used in the delivery of InstaPatent depends on public peer-to-peer networks such as ARDIC-Powered Blockchains, which are not under the control or influence of ARDIC and are subject to many risks and uncertainties. ARDIC has agreed to cease supporting certain “smart contracts” and to discontinue new “smart contracts”. Other than adding support to “contracts,” the ability to modify these technologies may be limited or nonexistent. ARDIC does not guarantee and is not responsible for your ability to exercise your rights in respect of these Collectibles or other valid digital assets.
(c) Specific Risks of Smart Contract Technology. NFTs and the content contained therein and other digital assets related to InstaPatent are tied to smart contracts implemented on ARDIC-Powered Blockchains, some of which may be coded or distributed by parties other than ARDIC. Once deployed on an ARDIC-Powered Blockchain(s), the code of smart contracts cannot be modified. Viable smart contracts are subject to any failures, bugs, defects, malfunctions, hacks, theft, attacks, negligent coding or design choices, or changes to protocol rules of any ARDIC-Powered Blockchain. if adversely affected, you may be subject to the risk of total loss and confiscation of all Collectibles and other related digital assets.
(d) Regulatory Uncertainty. Blockchain technologies and digital assets are subject to many legal and regulatory uncertainties, and InstaPatent, Collectibles and other digital assets may be adversely affected by one or more regulatory or legal investigations, actions, lawsuits, investigations, claims, fines or judgments, which may make such assets and may inhibit or limit your ability to continue to use and benefit from the technologies.
(e) Cryptography Risks. Cryptography is an advancing field. Technical advances, such as advances in code cracking or the development of quantum computers, may pose risks to ARDIC-Powered Blockchain(s), InstaPatent, Collectibles and other digital assets, including their theft, loss or inaccessibility.
(f) Fork Usage. Certain elements of InstaPatent, ARDIC-Backed Blockchains, NFTs, Collectibles, and other digital assets may be subject to “forks.” Forks occur when some or all of the people running software clients for a given blockchain system adopt a new client or a new version of an existing client:
(i) Changes the protocol rules in a backwards-compatible or backwards-incompatible manner, affecting what transactions can be added to subsequent blocks, how subsequent blocks are added to the blockchain, or other matters related to the future operation of the protocol; or
(ii) It rearranges or replaces historical blocks to change the history of the blockchain. Some forks are controversial and therefore may result in two or more permanent alternative versions of the protocol or blockchain; both of these can be viewed or claimed to be legitimate or true sequels to the original. ARDIC may not predict, control or influence the occurrence or outcome of forks and does not assume any risks, liabilities or obligations in connection therewith. Without limiting the generality of the foregoing, ARDIC assumes no obligation to notify you of pending, threatened or completed forks. ARDIC will determine its response(s) to such forks in its sole and absolute discretion, without any duty or obligation or liability to you for such response (or lack of such response). ARDIC reserves the right to only allow an NFT to be associated with the relevant metadata that constitutes the Collection, although copies of such NFTs may exist on both chains following a fork. You assume full responsibility for being independently aware of and aware of possible forks and for managing your own interests in connection therewith. The User acknowledges that the availability and quality of the Application and the Website and the content provided through the Application largely depend on the quality of the service provided by the relevant Internet Service Provider and that ARDIC is not responsible for any problems arising from this service quality. The operation of the Software and the Application is not error-free, malfunctions or access barriers may occur from time to time. He accepts and declares that he knows that it may happen.
6.8. Age restrictions, parental and guardian responsibility: By accessing InstaPatent and ARDIC services, the User certifies that he/she is at least 17 years old and meets the minimum age of digital consent in the User's country. ARDIC cannot guarantee that the User's age is correct. If the User is old enough to access ARDIC services in their country, but is not old enough to have the authority to accept InstaPatent terms, the User's parent or guardian must accept the terms on the User's behalf. If you are a parent or legal guardian and allow your teen to use InstaPatent, these terms apply to you and you are held responsible for your teen's InstaPatent activities.
User content belongs to the User, but when the User uses InstaPatent, he grants a license to InstaPatent and ARDIC. User content may be protected by certain intellectual property rights. InstaPatent does not own these.
ARDIC reserves the right to block, remove and/or permanently delete your content for any reason, including violation of these terms, our Community Guidelines, our other policies, or any applicable law or regulation.
7.1 Failure of the User to comply with the provisions contained in these Terms of Use and the declared rules and conditions; ARDIC may temporarily or permanently suspend the User's use of the Application for any reason or without giving a reason, including if the User's activities pose a risk in terms of legal, technical or information security or if they are harmful to the personal and commercial rights of third parties. may terminate the Terms of Use immediately. Therefore, the User will not be able to make any requests from ARDIC.
7.2 ARDIC may suspend or terminate these Terms of Use at any time, temporarily or indefinitely.
Regarding any disputes that may arise regarding these Terms; The provisions specified herein, in the absence of such provisions, the laws of the Republic of Turkey will apply.
9.1 In all cases deemed as force majeure, ARDIC cannot be held responsible for late or incomplete performance or non-performance of any of its acts specified in these Terms of Use. Force majeure; shall be interpreted as events that occur beyond the reasonable control of the relevant Party, including but not limited to natural disasters, riots, war, strikes, lockouts, malfunctions caused by telecommunications infrastructure, power outages and bad weather conditions. The Parties' actions will be suspended during the force majeure period. If the force majeure continues for more than 1 (one) month, this Agreement may be terminated by the Party whose rights cannot be fulfilled.
9.2 The User will not be able to transfer these Terms of Use and/or the rights and obligations arising from the Terms of Use to third parties without the express written consent of ARDIC. ARDIC has the right to transfer these Terms of Use and the rights and obligations arising from the Terms of Use to third partie
9.3 In case of disputes that may arise within the scope of these Terms of Use, ARDIC's records (including records kept electronically) will be accepted as evidence in accordance with Article 193 of the Civil Code.
9.4 ARDIC has the authority to unilaterally change these Terms and the Privacy Policy annexed to these Terms and other terms published on the Application at any time. The user is obliged to monitor such documents regularly.