SUNCHRONIZE – GENERAL TERMS OF USE
Effective Date: 01.07.2026
These Terms of Use (the “Agreement”) govern the rights and obligations relating to the use of the Sunchronize mobile and web applications (the “Application”) by individual and corporate users (the “User”). By using the Application, you shall be deemed to have accepted these terms.
The Privacy Notice, the Privacy Policy and the Refund and Withdrawal Agreement constitute integral parts of this Agreement. These texts are published on the Application and apply together with the Terms of Use.
Sunchronize is entitled to unilaterally amend or modify the Agreement, provided that such amendments are not to the detriment of Users, for the purposes of ensuring the continuity of its intermediary services, addressing technical necessities that may arise in the future, or ensuring compliance with the applicable legislation. In the event of any amendment, Sunchronize shall publish the current terms of use on the Website/Application under the same link with an updated date and, where it deems necessary, shall notify its users by electronic mail or mobile notification and submit the same for their approval. The renewed and current Agreement shall become effective as of the moment it is published on the Website/Application, and the use of the Website/Application or of its services shall be subject to the terms of the renewed Agreement as of that moment.
01DEFINITIONS
Sunchronize: Means the software relating to the artificial-intelligence-supported platform services providing solar energy maintenance and protection management, maintenance planning, micro-climate analysis and marketplace services, together with the updates to be made from time to time and the other software and documents enabling the use of the application.
User: Means the natural or legal person who accesses the Application and benefits from the services.
Service: Covers all digital content, analyses, recommendations, the marketplace, technical integrations and all functions, including the micro-climate module, offered by Sunchronize.
Service Provider: The professional company or individual providing services through the marketplace.
Service Recipient: The user who requests a service through the Application
Marketplace: Means the section of the intermediary electronic platform (application and/or website) operated by Sunchronize that brings together Service Recipients and Service Providers for the purpose of requesting and providing cleaning/servicing and similar services. Sunchronize is not the provider of, or a party to, the services offered on the Marketplace.
Micro-Climate Module: The integrated system that collects and analyses site-specific meteorological data.
Artificial Intelligence Advisory: The algorithmic system that provides Users with recommendations based on environmental and technical data.
Quotation Fee: Under the Quotation Model, in order for a Service Provider to submit a quotation for a Service Request and to view the details of an accepted quotation, sufficient credit must be available in its Sunchronize wallet. Credits are purchased via the App Store / Google Play through the mobile application, and via Paddle through the website.
Reservation Model: The model in which the Service Recipient determines the date and time of the service it will request, on a one-off or recurring basis, while creating the Service Request, and in which the Service Provider is directed to and recorded in the calendar by Sunchronize.
Job Acceptance: Under the Reservation Model, the Service Provider’s undertaking of the job and its commitment to perform the service specified in the details on the date and at the time indicated in the Reservation,
Balance: Under the Quotation Model, the Service Provider must have a balance (credit) in its account in order to view the acceptance of a Quotation for the Service Requests directed to it. Otherwise, the details will not be shared even if the job for which a quotation was submitted is accepted.
Professional Profile: The profile created by Service Providers on the application/site in which they introduce themselves and their equipment and share their references, for the purpose of promoting the service they may offer to the Service Recipient and of submitting Quotations for the Service Requests posted by Service Recipients.
Agreed Job: Under the Quotation Model, the acceptance by the Service Recipient, through the Application, of the Quotation submitted by the Service Provider through the application, or the Service Provider’s indication through the Application that it has reached an agreement with the Service Recipient; and, for services under the Reservation Model, the approval of the Service Request by the Service Recipient,
Payment Flow: It is divided into two, depending on the nature of the transaction:
Subscription/Membership and Credit Purchases: Where payment is made through the mobile application, it is collected through the billing system of the relevant store (App Store / Google Play). For subscription and credit purchases made through the website, payment is collected by Paddle in its capacity as Merchant of Record.
Service Fees (Cleaning/Servicing): The fees for these services, which are performed in the real world, cannot be collected through the store billing system. The fee is collected through Paddle following the performance of the service; Paddle transfers the amount it collects to Sunchronize, and Sunchronize forwards it to the relevant Service Provider. Sunchronize does not charge a commission on this fee; only the deductions of the financial institution/bank and of Paddle are reflected in the transaction.
Transaction Record: For service payments made through Paddle, the transaction may appear on the statement as "PADDLE.NET" or "Sunchronize via Paddle".
Security: Credit card information is not processed by Sunchronize; such data is processed directly through the PCI-DSS compliant secure infrastructure of the relevant payment service provider (App Store, Google Play or Paddle).
Refunds and Disputes: The principles regarding the right of refund and withdrawal are set out in the Refund and Withdrawal Agreement, which constitutes an integral part of this Agreement.
Invoicing: The subscription/credit invoice is issued by the relevant store or by Paddle; the service invoice is issued directly by the Service Provider.
02GENERAL RIGHTS AND OBLIGATIONS APPLICABLE TO ALL USERS
Users are entirely responsible themselves for the relationships between them.
When communicating with each other or with Sunchronize employees, Users may not engage in, or use content that is, racist, constitutes hate speech against any group or person, is contrary to personal rights, is degrading, insulting, harassing or advocating harassment, glorifies illegal and terrorist activities, creates unfair competition, or is threatening, obscene, defamatory, constitutes sexual harassment or is slanderous in nature. Any such situation may require the termination of the User’s rights and, where necessary, the reporting of the situation to the official authorities.
If, in respect of either Service Provider or Service Recipient Users, an investigation is initiated or proceedings are brought on account of any conduct constituting an offence before, during or after the performance of the service, Sunchronize may share all information and documents in its possession upon the duly made request of the competent authorities and to the extent permitted by the applicable legislation.
Service Recipients or Service Providers may not write favourable or unfavourable reviews where they have not received or provided a service for themselves or for another person, and may not write content concerning another party’s work products, brand, trade name or services in a manner that creates unfair competition.
A Service Recipient and a Service Provider who become acquainted through the Application may not make the payment relating to the relevant service outside the platform and may not move the service off the platform. A breach of this prohibition constitutes a breach of this Agreement, and Sunchronize reserves the right to suspend/terminate the membership of the relevant User and to claim the stipulated penalty.
Obligations of the Service Recipient
Any and all administrative, legal and criminal liability that may arise from the Service Recipient’s failure to comply with the terms of this Agreement rests personally with the Service Recipient.
The Service Recipient may accept only one Quotation for a Service Request. Acceptance of the Quotation means that a legally binding agreement has been made to pay the Service Provider through the platform (Paddle) if the Service is rendered.
When the Service Recipient and the Service Provider agree on the Quotation, the Service Recipient accepts that it will pay the Service Provider, through the platform (Paddle), the amount specified in the Quotation in consideration of the Service received.
Under the Reservation Model, the Service Recipient accepts that it will pay the Price stipulated for the services rendered once the Service Provider approves the Service Request (Job Acceptance).
The Service Recipient accepts that, in the contract it concludes with the Service Provider, Sunchronize is in no way a party to that contract and bears no liability.
In order for certain services to be priced correctly by the Service Provider, the Service Recipient may send to the Service Provider, on behalf of the Service Recipient, the details and contents of the Solar Energy system it uses that it has previously shared with Sunchronize, without sharing any personal data on behalf of the Service Recipient. The Service Recipient accepts that it will permit the Service Provider or its personnel to enter the place where the service is to be performed or where a survey is to be conducted for the performance of the service, to take measurements for the survey, and to take photographs of the premises, and that it will obtain such permission if it depends on another person.
The performance of certain services may require permission to be obtained from official authorities or building managers. Alternatively, certain services may be performed only on specific days and at specific times. The Service Recipient accepts that it will obtain the necessary permissions and that it may receive the service only on the stipulated days and at the stipulated times.
The Service Recipient is aware of and accepts that, when it creates a Service Request, such request and its content will be viewed by the relevant Service Providers. The Service Recipient’s personal contact details, such as name, full address and telephone number, become visible only at the moment a Service Provider opens the request by spending credit for that request. As this sharing is necessary for the planning and performance of the requested service, it is carried out on the legal ground of "necessity for the conclusion or performance of a contract" set out in Article 5 of the Turkish Personal Data Protection Law No. 6698 (KVKK).
Obligations of the Service Provider
Any and all administrative, legal and criminal liability that may arise from the Service Provider’s failure to comply with the terms of this Agreement and with the performance obligations it has undertaken towards the Service Recipient rests personally with the Service Provider.
Under the Quotation Model, the quotation submitted by the Service Provider for a Service Request may be accepted by the Service Recipient. Acceptance of the quotation constitutes Job Acceptance. This means that a legal agreement has been made to the effect that the Service will be performed by the Service Provider at the agreed time and place, in accordance with the data and information entered into the system by the Service Recipient.
Under the Reservation Model, where the Service Provider approves the Reservation, it accepts and declares that it will perform the service at the time and place specified in the Service Request.
The Service Provider accepts that, in the contract it concludes with the Service Recipient, Sunchronize is in no way a party to that contract and bears no liability.
The income declarations that the Service Provider is required to submit to the tax office with which it is registered are its own legal responsibility and obligation.
The Service Provider accepts that it will take all occupational safety and occupational health measures necessary during or for the performance of the work, that it and its personnel have received the necessary training in this regard, and that the responsibilities in this respect do not belong to Sunchronize.
If the Service Recipient, save for cases in which Sunchronize is at fault, applies to the Consumer Arbitration Committees and/or the Consumer Courts for any pecuniary or non-pecuniary damage and/or for defective goods / defective services and names Sunchronize as the respondent instead of the Service Provider, Sunchronize shall first be obliged to present its defence in the best possible manner and to direct the relevant claim to the correct addressee; and if, despite all of its defences, a decision of the Arbitration Committee or of the Consumer Court awards any compensation or penalty in favour of the Service Recipient and against Sunchronize, the Service Provider shall pay such compensation/penalty to Sunchronize in full, together with its ancillaries (court and enforcement fees, default interest and the opposing party’s attorney’s fees).
03POWERS AND OBLIGATIONS OF SUNCHRONIZE
Sunchronize may suspend the operation of the system for a temporary period or halt it entirely. Users pay a usage fee in connection with the use of the Website/Application, depending on the membership/subscription they have obtained from Sunchronize. They shall not raise any claim against Sunchronize in the event that the system is halted or suspended.
Sunchronize holds the intellectual property rights in all data generated through the use of the Website/Application. Sunchronize may produce demographic and statistical reports from such data by anonymising or aggregating it and may share such reports with its business partners and third parties, for consideration or free of charge. These operations do not constitute a breach of the provisions of Sunchronize’s privacy policy.
Sunchronize may inform its Users of promotions and of new services, projects or news by e-mail or push notification. Users who do not wish to receive such e-mails may stop receiving such notifications by giving written notice to [info@sunchronize.com] or through the commercial communication channel by which they were contacted.
In the event of any dispute between Users concerning the infringement of intellectual property rights, Sunchronize is obliged to act on the basis of a final and enforceable court decision submitted to it. In other cases, Sunchronize shall act at its own discretion.
Sunchronize may review reviews where necessary and reserves the right not to publish or to remove them; however, it has no obligation to approve reviews in advance or to verify their accuracy. Sunchronize reserves the right to modify or terminate the Website/Application (or any part of it), temporarily or permanently, at any time, with or without prior notice.
In order to protect the integrity of the Website/Application, Sunchronize may at any time, at its own initiative, block certain Users and Users at certain Internet Protocol addresses from accessing the Website.
Sunchronize reserves the right to make some or all of the services chargeable or free of charge in the future. The pricing policy for certain services may vary from time to time depending on the number, intensity or quantity of the services purchased or provided.
Sunchronize may, if it so wishes, use SMS, e-mail or other technical means for the purpose of verifying Users’ e-mail addresses, mobile telephone numbers and other information.
Where it is determined that Members have breached this Agreement, or to the extent required by the circumstances, Sunchronize may, without being obliged to state any reason, bar them from using the Website and from accessing Membership rights, suspend the Membership, or temporarily halt its use.
Sunchronize takes reasonable technical and administrative measures to protect User information. In the event that User information falls into the hands of unauthorised persons as a result of attacks against Sunchronize’s computer network or database, Sunchronize is not liable for the consequences that may arise from such incidents, save where it is at fault, and to the maximum extent permitted by the applicable legislation.
Sunchronize accepts no liability for any direct or indirect, pecuniary or non-pecuniary damage arising as a result of the conduct of third parties in connection with the use of the Website, including but not limited to bodily harm and emotional distress, and/or for damages that may arise from the services provided by a Service Provider or from the Service Recipient’s failure to pay the Service Provider in consideration of the service rendered.
Sunchronize is not liable for any loss of data arising from the operation of the Website/Application or from the application of its terms.
Data is stored in the Sunchronize system for the mandatory retention periods stipulated in the relevant legislation and, in any event, limited to the period required by the purpose of processing; at the end of such period it is deleted, destroyed or anonymised in accordance with the KVKK.
The principles regarding the processing, storage and international transfer of personal data and the exercise of data subject rights are set out in the separately published KVKK Privacy Notice / Privacy Policy. That text constitutes an integral part of this Agreement. Given the global nature of the Application, the provisions concerning the applicable data protection legislation and the processing of data on servers located abroad (AWS) are set out in that text.
04SERVICES OFFERED
Sunchronize is a proactive solar efficiency monitoring application. Sunchronize analyses environmental data and provides its user with proactive recommendations. Where the User so requests, it may, at its own decision, receive a Service in order to increase its efficiency or to protect its panels; alternatively, the User may carry out the operations itself, taking the application’s recommendations into account.
Sunchronize ensures that the information on services, products or service requests, the content of which is created by the Service Provider and the Service Recipient themselves, is shared in accordance with the content notified to it.
Sunchronize is merely a platform; it is not the owner or provider of the services featured on the Website/Application. Sunchronize is an intermediary service provider and is not obliged to monitor the content provided by the natural and legal persons using the electronic environment in which it offers its services, or to investigate whether any unlawful activity or situation exists in relation to such content or to the goods or services to which the content relates.
Creating a Service
A Service Request may be created by completing the information requested in the registration form accurately and in full, in accordance with the terms of this Agreement. Users accept and declare that Sunchronize may not be held liable for situations that may arise from incomplete or incorrect declarations on the form and that such matters are their own responsibility (see Section 9).
In order to create a valid Service Request, the information required in relation to the service (the nature, characteristics, quality, dimensions of the work requested, the performance and duration of the work, etc.) must be provided completely, accurately and clearly, and its content must comply with the conditions set out in this Agreement.
Depending on the nature of certain services, Sunchronize provides a Reservation Model that envisages the assignment of a Service Provider, on a recurring or one-off basis, at a standard tariff available on the days and at the times to be determined by the Service Recipient.
The Service Recipient may change the reservation date through the Website/Application up to no later than 24 hours before the start of the reservation. The reservation date may be changed a maximum of two (2) times for each job. In the event of a technical necessity or force majeure, Sunchronize may postpone the relevant reservation so that it can be rescheduled, or cancel it, provided that it informs the Service Recipient in advance; in such case, the amount paid by the Service Recipient is refunded.
The Service Provider may postpone a job it has accepted where more than 24 hours remain before the start of the reservation. However, if the Service Recipient wishes to cancel the reservation following such postponement, the reservation fee, if collected, shall not be refunded to it, irrespective of when the cancellation is made.
The Service Recipient may cancel its reservation through the Application, without any deduction or additional charge, up to no later than 24 hours before the start of the reservation. Where less than 24 hours remain before the start of the reservation, in the event of cancellations made by the Service Recipient, the reservation fee and/or the service fee shall under no circumstances be refunded. The Service Recipient accepts this by confirming the reservation.
In cases where both the Service Recipient and Sunchronize suffer prejudice due to the Service Provider’s failure to attend the job, Sunchronize has no obligation to pay any fee or compensation. However, in such cases, in order for the Service Recipient to obtain a refund of the fee, it must notify Sunchronize within 48 hours following the end of the reservation. In cases notified later, the service shall be deemed to have been received and no refund can be made. As for the Service Provider, no credit refund shall be made. This 48-hour period is not a cancellation period; it is the period stipulated for the Service Recipient to give notice in the event that the Service Provider fails to attend the job.
The service contract relating to the Cleaning/Servicing Service is concluded between the Service Provider and the Service Recipient; Sunchronize is not a party to this contract. However, the service fee and payment are made through Paddle in accordance with the Payment Flow article of this Agreement. No service fee may be claimed from Sunchronize upon cancellation of such jobs.
Sunchronize offers the creation of Service Requests free of charge for Service Recipients.
The subsequent cancellation of Service Requests by Service Recipients does not impose any liability on Sunchronize, and the Service Recipient is responsible for the obligations that may arise in this regard.
Service Providers
Service Providers may select those they wish from among the job opportunities sent to them and accept the job by confirming the job opportunity on the Website/Application. A Service Provider that accepts a job undertakes to be at the place of service on the specified date and at the specified time and to commence the service. If it fails to fulfil this undertaking without notifying Sunchronize and without excuse, Sunchronize may remove the Service Provider from the system and may reduce the number of opportunities it sends to it.
Once Service Providers have paid credit and accepted the job, they may view the Service Recipient’s name, contact details, the address details entered by the Service Recipient and the location of that address on the map. This information is confidential, and the Service Provider may not share, distribute or publish this information with third parties without the knowledge and consent of the Service Recipient.
Sunchronize publishes the Service Provider company’s own images and professional credentials, if appropriate, after having reviewed them.
Quotation Model
The Service Provider submits a Quotation for a Service Request transmitted to it through the application, by means of the notifications sent by the application and the relevant in-app screens. The Service Provider offers to perform the service specified in the Service Request within the framework of the price and conditions set out in the Quotation it submits. Service Recipients pay the service fee relating to the Quotation they accept through the application to the Service Provider company via Sunchronize following the performance of the service. Service Recipients are obliged to request the invoice, sales receipt or delivery note for the amount they pay, and the invoice relating to the service fee they pay, from the Service Provider. Written or oral agreements to be made between Service Recipients and Service Providers between themselves regarding the performance of the service, and any advance or down payments, are entirely the responsibility of the parties themselves; obtaining and retaining the documents and receipts relating to such payments is the obligation of the Service Recipient.
The reaching of an agreement between the Service Recipient and the Service Provider means that the service will be performed at the price specified in the Quotation. The prices specified in the Quotation may vary due to the Service Provider carrying out a survey in relation to the relevant job and/or due to changes that may occur in the requirements and conditions of the Service; in such cases, the price specified in the Quotation shall be agreed upon by the parties and communicated to the Service Recipient again. Sunchronize is not liable for this situation.
Quotations submitted are valid and binding for the period specified by the Service Providers. Sunchronize bears no liability whatsoever in respect of the quotations, conditions and agreements shared by the Service Provider.
Under the Quotation Model, provided that the service has not been performed and has not been commenced, the Service Recipient has the right to withdraw from the contract without stating any reason and without paying any penalty, up to 24 hours in advance, in the event that it cannot reach an agreement with the Service Provider. If the Service Fee has been paid, the refund is made through the channel by which the payment was made (Paddle). The Service Recipient must inform Sunchronize of this situation.
Service Liability, Absence of Warranty and Independence of the Relationship
Under the Quotation Model, Sunchronize bears no liability whatsoever in the quotation, offer, acceptance and contract stages between the Service Recipient and the Service Provider. It does not guarantee that a Service Provider will be found or made available. Service Recipients must carry out the necessary due diligence regarding the Service Provider themselves.
Liability for the services to be received from Service Providers through the Website/Application rests with the Service Providers. Sunchronize is not liable for these services, save where it is at fault, and to the maximum extent permitted by the applicable legislation.
Sunchronize does not endorse or recommend the Service Provider or its services, and does not guarantee its work performance or the outcome or quality of the services rendered. Sunchronize may rank, rate and categorise Service Providers by means of certain algorithms within the system, such as Member ratings and Member reviews, and may bring certain Service Providers to the fore on the ground that they have been widely liked, preferred/recommended, or found satisfactory by users. However, this does not constitute an endorsement or warranty given by Sunchronize.
Sunchronize is not responsible for the relationship between the Service Provider and the Service Recipient and is not liable, save where it is at fault and to the maximum extent permitted by the legislation, for any damage that the Service Provider may cause to the Service Recipient or to third parties during the service or at any other time. Solely for the convenience of Service Recipients, Sunchronize offers a monitoring tool through which scheduled jobs may be tracked; this tool does not constitute any warranty of service quality or satisfaction.
Under the Reservation Model, Sunchronize directs the Service Request to the most suitable and nearest Service Provider profiles from among the Professional Profiles registered in the system, according to the availability of the Service Providers and the content of the Service Request, and Service Providers have the right to approve the Service Request in line with their own initiative and choices. Sunchronize may not be held liable in the event that no Service Provider accepts the Service Request.
Sunchronize gives no warranty or undertaking whatsoever as to the reliability or competence of Service Providers, the timely, safe and faultless provision of the services, or the results thereof meeting expectations. Sunchronize is under no obligation to investigate, verify or carry out reference checks on Service Providers; even if it does carry out such a check, this does not constitute an endorsement or warranty in respect of the relevant Service Provider and does not determine its future conduct.
Sunchronize is not liable for the performance of the services offered by Service Providers; it shall merely exercise reasonable efforts in relation to the operation of the platform. In the event that Service Providers cause damage to Service Recipients or third parties due to gross negligence or fault, and/or that lawsuits and proceedings in this regard are directed against Sunchronize, Sunchronize reserves the right to have recourse against the Service Provider for all damages together with litigation costs, monetary fines and attorney’s fees, or to set off/deduct the same from the Service Provider’s rights and receivables held with Sunchronize.
Under the Reservation Model, Sunchronize bears no liability whatsoever for errors originating from the Service Recipient or the Service Provider (an incorrect date being given, the Service Recipient not being at the address at the service start time, the Service Provider not attending for the performance of the service on the relevant date and at the relevant time, no Service Provider being found suitable for the day and time preference specified by the Service Recipient during the reservation, the Service Recipient’s information being incorrect, etc.). Sunchronize shall exercise its utmost efforts to prevent such situations from occurring. However, it shall not pay any fee or compensation to the Service Provider or the Service Recipient on account of any errors or damages that occur.
Sunchronize sends reminders to Service Providers for the performance of the service on the determined date and at the determined time and displays a page on its screen through which it may be tracked. It reserves the right to apply various sanctions against the Service Provider in the event that it fails to attend or commence the job agreed with the Service Recipient. Such sanctions may include modifying the Service Provider’s profile, deleting the profile, suspending it until the deficiency is remedied, preventing the Service Provider from registering again on the Website/Application, and claiming compensation equal to twice the amount agreed with the Service Recipient. It is reserved that, where the penalty is excessive, it may be reduced by the judge pursuant to Article 182 of the Turkish Code of Obligations.
The accuracy of the information or statements specified by the Service Provider in the Professional Profile is undertaken by the Service Provider; Sunchronize bears no liability whatsoever.
Liability for any permit, approval, inspection certificate, licence and similar document that must be obtained in relation to the service under the applicable legislation rests with the Service Providers, failing which any and all administrative, legal and criminal liability that may arise rests with the Service Provider. Liability for the damages suffered and/or to be suffered by Sunchronize and by third parties for this reason, and the obligation to indemnify any and all such damages, rest with the Service Providers.
Sunchronize does not declare or warrant to the Service Recipient that information received from national, local or other official offices or from third parties is accurate, error-free or up to date, or that it is current and actual as at the date on which the Service Recipient checked such information.
The parties are directly responsible themselves for any and all taxes, duties, payments and similar obligations arising from the service contracts to be concluded between the Service Provider and the Service Recipient. In respect of the services and products listed on the Website/Application operated by Sunchronize, Sunchronize does not have the status of seller, supplier, manufacturer, producer, dealer, agent, advertiser or media organisation within the scope of the Law on Consumer Protection and the relevant legal legislation.
Sunchronize does not automatically share personal data of Service Recipients registered in its system, such as name, full address and telephone number, with Service Providers at the stage of creating a Service Request or submitting a Quotation. In relation to a Service Request created by a Service Recipient, where the Service Provider opens the lead (Request) by spending credit for the relevant Request through the application, the Service Recipient’s name, full address and telephone number become visible to the Service Provider for the purposes of planning and performing the service and enabling the parties to communicate with each other. This information is shared solely within the scope of the relevant service/reservation and limited to the purposes specified; it may not be used for any other purpose and may not be transferred to third parties. Sunchronize is under no circumstances liable for any dispute, damage or claim that may arise within the scope of the communication and service relationship to be established between the Service Recipient and the Service Provider. The personal data of the Service Recipient and the Service Provider is processed and transferred to the other party to the extent necessary for the provision and performance of the services under this Agreement and limited solely to that purpose, on the legal ground of "being mandatory for the conclusion or performance of a contract" stipulated in Article 5 of the Turkish Personal Data Protection Law No. 6698 (KVKK).
It is prohibited to use the Service Recipient’s information that becomes visible to the Service Provider pursuant to Article 14 for advertising, marketing or any similar other purpose, or to share it with third parties or transfer it, without obtaining the separate consent of the Service Recipient. Sunchronize is not liable, save where it is at fault, for such uses or for disputes and damages that may arise between the Service Recipient and the Service Provider.
There is no relationship of (a) employment, (b) part-time employment, (c) consultancy, (d) contracting, (e) joint venture or (f) agency between Sunchronize and the Service Provider.
05PROPRIETARY RIGHTS AND LICENCE
All trademarks, copyrights, database rights and other intellectual property rights within the Application, together with the underlying software code, belong directly to the Sunchronize application or to its licensors.
The Sunchronize application grants you a worldwide, non-exclusive, non-transferable, royalty-free and revocable licence in accordance with these terms of use. This licence covers personal use for individual users and, for Service Providers, commercial use solely for the purpose of providing services through the platform.
06TERMS OF USE
Prohibited acts such as reproduction, modification, reverse engineering and the like in relation to the Application and its content are governed by the section of this Agreement entitled "Intellectual Property Rights" (see Section 10).
The Application is offered to individual and corporate users under a subscription model. Certain features may be offered in the free tier. Sunchronize and the related applications reserve the right to modify or withdraw the application or the service at any time and for any reason.
You accept that the terms of your contract with your mobile network provider apply while using the Application. Accordingly, you may be charged by your mobile provider for network access for the duration of the connection. Users are responsible for such charges.
The payment channel is determined according to the nature of the item purchased:
(a) Digital subscriptions and in-app digital features: Where purchased through the Application, payment is taken through the billing system of the relevant store (App Store / Google Play) and is charged to your account 24 hours before the end of the current period.
(b) Subscriptions via the web: Payment is processed by Paddle in its capacity as Merchant of Record.
(c) Cleaning/Servicing fees: The fees for these services, which are performed in the real world, cannot be collected through the store billing system; they are collected through Paddle.
The rights of use relating to membership, the username and the password may not be transferred to others.
All information declared to the Website/Application when creating a Member account, such as name, address, telephone, e-mail and tax office, must be current, accurate and complete. Liability for damages to be suffered by Members or by third parties due to such information being incorrect or incomplete rests with the relevant Member.
In addition, the following acts are prohibited: (a) use for unlawful purposes; (b) encouraging others to commit unlawful acts; (c) acting in breach of international, federal, state or local laws; (d) infringing intellectual property rights; (e) harassment, insult, defamation, discrimination; (f) providing misleading information; (g) uploading viruses or malicious code; (h) collecting others’ personal information; (i) spam, phishing, data scraping; (j) immoral purposes; (k) breaching security features. We reserve the right to terminate the service on account of such uses.
07ACCESSIBILITY
The Application may be used on mobile devices running the Apple iOS and Android operating systems. Sunchronize and the related applications shall use reasonable efforts to keep the application accessible at all times. However, you accept that the application is provided over the internet and mobile networks and that its quality may vary depending on such networks.
Sunchronize and the related applications are under no obligation to provide support or maintenance services for the application.
08SCOPE OF THE SERVICE AND PURPOSE OF USE
The User may use the artificial intelligence monitoring and recommendation features solely for the purposes of efficiency tracking, maintenance planning and obtaining recommendations for its own solar systems.
Data obtained from the Service may not be reproduced, sold or shared with third parties for commercial purposes.
The Application provides user-specific recommendations, but the final decision rests with the user.
Services may be purchased from professional cleaning, maintenance and repair companies.
09ACCOUNT CREATION AND SECURITY
Each user may create only one account. Passwords, API keys and user information must be kept confidential; third-party service credentials provided by the User for integration purposes (inverter API keys, access tokens and OAuth authorisations) are stored encrypted on the AWS infrastructure and are used solely for the purpose of retrieving the User’s solar system data; they are not shared with third parties. The User may withdraw the authorisation it has granted at any time through the relevant third-party service; in such case Sunchronize cannot access the relevant data. Sunchronize reserves the right to suspend or terminate the account in cases of suspicious use.
Any User who is at least 18 years of age and has legal capacity may, after completing the information requested in the registration form accurately and in full and approving the terms of this User Agreement, become a User in accordance with the accepted terms and content, or may create a Professional Profile and acquire the status of Service Provider. Users accept and declare that Sunchronize may not be held liable for situations that may arise contrary to this declaration and that such matters are their own responsibility.
In order to create a Professional Profile, the information requested at the time of registration, such as name, brand, logo, title, contact details, tax office, tax number, equipment images and certificates, must be provided completely and clearly. Additional documents, licences, diplomas, service authorisation certificates and references evidencing that the holder has the permits, licences and authorisations (if any) required to provide the services relating to the Professional Profile and the necessary qualifications, experience and capability must also be entered.
A service provider selling services through Sunchronize who is a merchant or tradesperson must hold the following information in full: (i) at least one of the trade name, business name or registered trademark name; (ii) tax identification number; (iii) information indicating that a verified telephone number is held by Sunchronize.
A service provider selling services through Sunchronize who is not a merchant or tradesperson must hold the following information in full: (i) name and surname; (ii) the province of its residence; (iii) information indicating that its head office address and a verified telephone number are held by Sunchronize.
The terms relating to the Service Provider and the Service Provider’s obligations are set out in detail in this User Agreement. It is the Service Provider’s responsibility to deliver to the Service Recipient, together with the performance of the service, the documents it must provide as a result of the service, including but not limited to documents, invoices and receipts, and all other documents required under the statutory legislation. Sunchronize bears no liability whatsoever in relation to the provision of such documents.
Service Providers, Service Requests and Quotations, and the information, documents and declarations provided by the parties, shall: (a) not infringe the intellectual property rights of any third party, such as copyrights, patents or trademarks, or any other rights; (b) not breach any applicable law or secondary legislation (such as those relating to export control, consumer protection, unfair competition or misleading advertising); (c) not contain statements or promotional expressions that are contrary to public morals and public order, dishonest or inaccurate, deceptive, misleading, or that exploit the lack of experience and knowledge of third parties, endanger life and property safety, harm public health, or exploit patients, the elderly, children and persons with disabilities; (d) not create unfair competition against other licensed, permitted or authorised persons and institutions by providing services without a licence, permit or authorisation where such services may only be performed subject to a licence, permit or authorisation; (e) not unfairly use registered trademarks and/or trademark signs even if unregistered, and not unlawfully make declarations such as being the dealer, distributor or authorised service centre of another company; (f) not be degrading, defamatory, threatening or harassing in nature; (g) not be obscene or contain child pornography; and (h) not contain harmful software such as viruses or Trojan horses, or computer programming applications that are intended to damage, or that damage, any system, data or personal information. Otherwise, Sunchronize bears no liability, and such liability rests with the relevant Service Provider or User. In the event of any situation contrary to the legislation relating to the practice or profession concerned, Sunchronize reserves the right to modify the Service Provider’s profile, delete the profile, suspend it until the deficiency is remedied, and prevent the Service Provider from registering again on the Website/Application.
Liability in respect of Service Providers, Service Requests and Quotations rests with the relevant Service Provider, Service Recipient or User; Sunchronize is not liable, save where it is at fault, and to the maximum extent permitted by the applicable legislation.
10INTELLECTUAL PROPERTY RIGHTS
The content, software, algorithms, visuals and texts of the Application belong to Sunchronize. The User may not (i) reproduce or distribute the Application or such content; (ii) copy, modify, reverse engineer, disassemble, decipher, transmit or translate it; (iii) create derivative works, nor have such acts performed by third parties.
Any idea, advice, statement, review, quotation or other information or content published through the Website/Application belongs to the relevant authors. Those authors are entirely responsible for the said content. Sunchronize (i) does not guarantee the accuracy, completeness or usefulness of any information on the Website/Application, or (ii) does not accept, endorse or assume liability for the accuracy or reliability of any idea, advice or statement given by any person and displayed on the Website/Application.
The Website/Application may contain links or references to other internet sites that are not under the control of Sunchronize. Sunchronize is not liable for the content of such sites or for any other links they contain.
Sunchronize reserves the right to remove from the Website/Application content of a kind that would be unlawful or prohibited on the Website/Application and to terminate the membership of such infringers. This provision covers, without being limited to those listed, content of the following kinds:
Content that is clearly offensive or insulting to another User, such as racism or content encouraging hatred and physical harm against any group or person;
Content that harasses another User or advocates harassment;
Content involving the transmission of “junk mail”, “chain letters”, unsolicited bulk mail or “spamming”;
Content promoting information that you know to be false or misleading;
Content promoting illegal activities or using disparaging expressions about another person, creating unfair competition, or promoting threatening, obscene, defamatory and slanderous conduct;
Content promoting the unlawful or unauthorised copying of another person’s copyrighted work, such as providing pirated computer programs or links, providing information on circumventing copy-protection devices installed during manufacture, providing pirated image, audio or video files, or providing links to pirated image, audio or video files;
Content containing restricted or password-protected pages or hidden pages or images (those not provided as links from another accessible site);
Content providing sexual or violent material that exploits individuals under 18 years of age, or requesting personal information from an individual under 18 years of age;
Content providing instructional information about illegal activities, such as the manufacture or purchase of illegal weapons, violating another person’s privacy, or providing or creating computer viruses;
Content requesting passwords or personally identifying information from others for commercial or unlawful purposes;
Content containing commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes without our prior written consent;
Content that records, disseminates or misuses personal information belonging to others,
Content that infringes the intellectual and industrial property rights of third parties, such as trademarks and patents,
Content that involves unfair trade practices and restricts competition, and
Content that breaches national and/or local consumer protection laws.
The User accepts in advance that the profile content it has created on Sunchronize will be indexed by various search engines, may be displayed on the search results screens of search sites and will be seen by third parties/institutions, and that it will be personally liable in the event that the information it shares on the profile contains any unlawfulness.
11SERVICE TIERS AND LIABILITIES
Artificial Intelligence Advisory
Provides user-specific recommendations.
Sunchronize is not liable for damages that may arise from the implementation of the recommendations.
Marketplace
Sunchronize acts as an intermediary between service providers and users.
Responsibility for service quality and delivery rests with the provider.
Micro-Climate Module
Provides site-specific data analysis.
Investment decisions are the responsibility of the user.
Limitation of Liability; Sunchronize’s liability arising from this Agreement applies to the maximum extent permitted by the applicable legislation. No provision may be construed so as to exclude Sunchronize’s liability arising from its own gross fault or wilful misconduct (Article 115 of the Turkish Code of Obligations).
Cap on Liability; To the maximum extent permitted by the applicable legislation, Sunchronize’s aggregate liability arising from this Agreement is limited to the total of the subscription and credit fees paid by the User to Sunchronize within the twelve (12) months preceding the date on which the relevant claim arose. Sunchronize is under no circumstances liable for indirect, incidental, special or consequential damages (loss of profit, loss of data, loss of business, etc.). This limitation reserves, and does not apply to, Sunchronize’s liability arising from its gross fault or wilful misconduct (Article 115 of the Turkish Code of Obligations) and the mandatory provisions of consumer legislation.
12FORCE MAJEURE
In line with what has been determined under this Agreement, the Parties are obliged to fulfil their obligations towards each other, whether already arisen or to arise, within the periods determined by the Parties and, in any event, within a reasonable period.
However, in the event of the occurrence of the force majeure events specified below, the period for the fulfilment of such obligation shall be postponed until the effect of the force majeure ceases. The events constituting force majeure, limited solely to the events specified below, are as follows:
Natural disasters; the inability to continue fulfilling the obligation pursuant to decisions issued by administrative authorities and/or judicial bodies for a reason other than circumstances arising from the fault, negligence or carelessness of one of the Parties or from a cause attributable to it,
War, invasion, acts of foreign enemies, mobilisation, seizures and the imposition of embargoes, declaration of a state of emergency,
General epidemic disease; uprisings, military and militia movements, civil war rendering the continued fulfilment of the obligation impossible,
Radioactive contamination arising from nuclear fuels, waste or nuclear explosions; explosions of radioactive or other toxic substances; explosions of radioactive facilities and their components.
In order for the above events to be accepted as force majeure and for an extension of time to be granted, these events falling within the scope of force majeure must be notified by the Party affected by the force majeure to the other Party within 30 (thirty) days at the latest from the date on which the force majeure became known, and the force majeure must be documented. Otherwise, the period agreed by the Parties for the fulfilment of the obligations shall continue to run. In the event of the existence of force majeure events, the Parties may grant each other an extension of time limited to the period until the force majeure ends and the consequences created by such event are remedied.
In any event, if the force majeure event continues for more than 30 (thirty) days, the Party whose rights are infringed may terminate this Agreement immediately and without paying compensation.
13SUBSCRIPTION AND PAYMENT TERMS
Subscriptions are managed through the App Store, Google Play and the Website. The Application may offer certain services under a subscription model. Automatic renewal may be turned off by the user from the store settings, or an e-mail may be sent to info@sunchronize.com. At the end of the free trial period, the subscription converts to a paid subscription. Cancellation of a subscription takes effect at the end of the relevant period.
Detailed provisions regarding free trial periods, the refund of credits and the cancellation of subscriptions are set out in the Refund and Withdrawal Agreement.
14RIGHT OF WITHDRAWAL AND REFUND POLICY
The conditions, periods, exceptions and application channels relating to the right of refund and withdrawal are set out in detail in the Refund and Withdrawal Agreement, which constitutes an integral part of this Agreement.
Refunds of subscription and credit purchases made through a store (App Store / Google Play) are subject to the policy of the relevant store.
The rights of users having consumer status arising from Law No. 6502 and the Regulation on Distance Contracts, and the 14-day right of withdrawal arising from local legislation for consumers resident in the European Union, the European Economic Area and the United Kingdom, are reserved.
15ACCOUNT SUSPENSION AND TERMINATION
In situations arising as a result of Users acting contrary to the provisions of this Agreement, Users are responsible for compensating any and all damages to be suffered by Sunchronize and by third parties. Where Sunchronize determines that the Agreement has been breached, it may, without prejudice to its rights of claim arising from this Agreement, immediately and unilaterally terminate this Agreement, suspend the agreement, temporarily restrict it, or apply other sanctions.
Sunchronize has the right to suspend or terminate the service in the following cases:
Breach of the terms of use
Conduct creating a security risk
Declaration of misleading or false information
Infringement of intellectual property
16GOVERNING LAW AND RESOLUTION OF DISPUTES
(a) General rule. This Agreement is governed by the laws of the Republic of Türkiye, without regard to conflict of laws rules, and the [Istanbul] courts have jurisdiction over disputes arising out of or in connection with the Agreement.
(b) Mandatory local protections. No provision of this Agreement may be construed so as to deprive a user having consumer status of the protection afforded by the mandatory provisions of the law of the country in which it habitually resides, or, where required by local law, of the right to bring proceedings before the courts of that country or to be sued only before the courts of that country.
(c) Commercial users. For users acting in a commercial or professional capacity (including Service Providers), the general rule set out in paragraph (a) applies in full.
(d) The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement.
Entire Agreement and Assignment
This Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior written/oral statements and agreements. The User may not transfer its rights and obligations arising from this Agreement to third parties without the prior written consent of Sunchronize. Sunchronize, for its part, may transfer and assign the Agreement and the rights and obligations arising therefrom to third parties, provided that the User’s rights are not adversely affected.
Severability: In the event that any provision of this Agreement is found invalid or unenforceable by a competent court or authority, such provision shall be limited to the narrowest possible extent or shall be deemed severed from the Agreement solely in respect of that provision; the remaining provisions shall continue in full force and effect.
17AMENDMENTS AND UPDATES
Sunchronize has the right to update these terms without prior notice, provided that such updates are not to the detriment of users. The current text is published within the application and on the Website/Application. If the User does not accept the updated terms, it must not use the service.
18ACCEPTANCE OF THE TERMS OF USE
You confirm that you have read this Agreement and accept all of its terms. By using the Mobile Application or the Web services, you agree to be bound by this Agreement. If you do not accept the terms, you are not authorised to use the application or the services.
19ELECTRONIC COMMUNICATIONS
When you use any Sunchronize service or send us e-mails, text messages or other communications from your desktop or mobile device, you communicate with us electronically. We will communicate with you in various ways, such as by e-mail, text message and in-app instant communications, or by sending or publishing e-mail messages or communications on the website. For contractual purposes, you consent to receiving communications from us electronically and accept that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless the applicable laws prescribe a different form of communication.
20TERMINATION
Sunchronize and the related applications may terminate the use of the application at any time by giving you notice.
Upon termination: (i) the rights and licences granted to you shall terminate; (ii) you must cease using the software.
21CONTACT
If you would like to obtain further information about this Agreement or to contact us on any matter
E-mail: info@sunchronize.com Web : www.sunchronize.com