User Agreement

This User Agreement (the "Agreement") is concluded electronically, as of the date on which the User begins to use the Platform, between Muhammed Mustafa Vanlı, Alanya V.D. / 9220990391, operating under the DentinCloud brand ("DentinCloud" or the "Company"), and the natural or legal person who registers for and/or uses the DentinCloud platform (the "Platform") (the "User").

By registering for or using the Platform, the User declares that they have read, understood, and accepted all provisions of this Agreement.

ARTICLE 1 – DEFINITIONS

1.1. Platform: Means the cloud-based dental clinic management software developed by DentinCloud, together with the website, mobile application, and all other digital channels through which access to this software is provided.

1.2. User: Means the natural or legal person who benefits from the Platform, whether by registering for it or without registration.

1.3. Account: Means the User's own digital account through which the User accesses the Platform, protected by a unique username and password.

1.4. Service: Means patient management, appointment tracking, treatment planning, accounting, reporting, supply management, and all other software services offered through the Platform.

1.5. Patient Data: Means all personal data, health data, treatment records, and similar information belonging to patients that is processed by the User on the Platform.

1.6. Content: Means any data, information, document, image, and text created, uploaded, or shared by the User on the Platform.

1.7. Subscription: Means the periodic contractual relationship through which the User acquires the right to benefit from the Service under a specific plan.

ARTICLE 2 – SUBJECT AND SCOPE OF THE AGREEMENT

2.1. This Agreement governs the terms of use of the Platform services offered by DentinCloud to the User, as well as the rights and obligations of the parties.

2.2. The Agreement enters into force upon the User's registration for the Platform or actual commencement of use of the Platform.

2.3. DentinCloud reserves the right to unilaterally amend the provisions of this Agreement upon prior notice through the Platform. Amendments enter into force 7 (seven) days after the date of notice. The User's continued use of the Platform after the amendment shall mean that the User accepts the amendments.

ARTICLE 3 – REGISTRATION AND ACCOUNT SECURITY

3.1. The User declares and undertakes that all information provided during registration is accurate, current, and complete. Any liability arising from the provision of false or incomplete information rests with the User.

3.2. Each User may create only one Account. The Account is non-transferable and may not be shared with third parties.

3.3. The User is solely responsible for the security of the Account information (username, password, etc.). If the User suspects that the Account information has been obtained by third parties, the User is obliged to notify DentinCloud immediately.

3.4. The User is responsible for all transactions carried out through the Account. DentinCloud cannot be held liable for damages arising from unauthorized access.

ARTICLE 4 – USE OF THE SERVICE

4.1. The User agrees to use the Platform only for lawful purposes and in accordance with the provisions of this Agreement.

4.2. The User is solely responsible for the accuracy, currency, and lawfulness of the Patient Data processed by the User on the Platform.

4.3. The User accepts and declares that, with respect to the personal data processed by the User on the Platform, the User holds the title of data controller within the scope of the Law on the Protection of Personal Data No. 6698 ("KVKK"), and other applicable data protection laws (including the GDPR where applicable), and that the User is responsible for personally fulfilling all legal obligations within this scope.

4.4. The User is obliged to personally carry out the necessary disclosure and explicit consent processes with respect to its patients, in accordance with the KVKK, and other applicable data protection laws (including the GDPR where applicable).

4.5. With respect to the Patient Data processed by the User on the Platform, DentinCloud acts in the capacity of data processor within the scope of the KVKK, and other applicable data protection laws (including the GDPR where applicable).

Actions prohibited for the User while using the Platform:

a) Any action that would endanger the security of the Platform

b) Attempting to reverse engineer, decompile, or disassemble the Platform's source code

c) Spreading malicious software (viruses, trojans, worms, etc.) through the Platform

d) Using the Platform in a manner that infringes the personal rights of third parties

e) Automated querying, bot, or scraping operations that place excessive load on the Platform infrastructure

f) Using the Platform for anti-competitive purposes or copying the functions of the Platform

ARTICLE 5 – INTELLECTUAL PROPERTY RIGHTS

5.1. All intellectual and industrial property rights in the Platform and in all software, designs, logos, texts, images, database structures, and other intellectual works on the Platform belong exclusively to DentinCloud.

5.2. Under this Agreement, the User is granted only the right to use the Platform, and no transfer of any intellectual property right is involved.

5.3. The rights in the Content uploaded onto the Platform by the User continue to belong to the User. However, by this Agreement, the User grants DentinCloud the limited license necessary for the provision of the Service.

ARTICLE 6 – PAYMENT AND SUBSCRIPTION

6.1. Service fees are charged monthly or annually, according to the selected subscription plan, based on the tariff determined by DentinCloud and announced on the Platform.

6.2. Price changes are applied at the end of the current subscription period and are notified at least 30 (thirty) days in advance.

6.3. In the event that payments are not made on time, DentinCloud shall provide written notice granting an additional period of 7 (seven) days. If payment is not made at the end of the additional period, the Service may be suspended.

6.4. During the suspension period, data is retained, but access to the Platform is blocked. If payment is not made within 90 (ninety) days, the Account may be permanently closed.

6.5. Unless the User submits a cancellation request at least 7 (seven) days before the end of the subscription period, the subscription is automatically renewed.

6.6. Refund policy: For annual subscriptions, the right of withdrawal may be exercised within the first 14 (fourteen) days. For monthly subscriptions, no refund is made for the period that has commenced.

ARTICLE 7 – SERVICE LEVEL AND AVAILABILITY

7.1. DentinCloud aims for the Platform to be available 99.5% of the year. This rate is calculated excluding scheduled maintenance periods.

7.2. Scheduled maintenance work is carried out outside working hours as far as possible and is notified at least 24 (twenty-four) hours in advance.

7.3. DentinCloud is not liable for access interruptions arising from causes beyond its control, including events of force majeure.

ARTICLE 8 – DATA BACKUP AND STORAGE

8.1. DentinCloud ensures that the data on the Platform is backed up regularly. Backups are performed daily and retained for at least 30 (thirty) days.

8.2. The User has the right to make additional backups of its own data. DentinCloud provides the User with the ability to export data.

8.3. In the event of closure of the Account or termination of the Agreement, the User is granted a period of 30 (thirty) days to export its data. At the end of this period, the data is permanently deleted.

ARTICLE 9 – LIMITATION OF LIABILITY AND DATA RESPONSIBILITY

9.1. DentinCloud provides the Platform "as is" and "as available." It makes no express or implied warranty whatsoever that the Platform will meet all of the User's needs or that it will operate uninterrupted, error-free, or without security vulnerabilities.

9.2. DentinCloud's total liability under this Agreement shall under no circumstances exceed the total service fees paid by the User in the 12 (twelve) months preceding the event giving rise to the damage.

9.3. Under no circumstances shall DentinCloud be held liable for indirect damages, loss of profit, loss of business, loss of reputation, loss of data, damages arising from a data breach, third-party claims, and similar consequential, incidental, or punitive damages.

DATA RESPONSIBILITY AND DATA BREACH:

9.4. The User holds the title of DATA CONTROLLER within the scope of the KVKK No. 6698, and other applicable data protection laws (including the GDPR where applicable), with respect to all data (including patient data) processed by the User on the Platform. DentinCloud is, with respect to this data, merely in the position of a data processor and provides technical services in accordance with the User's instructions.

9.5. In the event that data stored on the Platform is, for any reason (including but not limited to cyber attack, technical failure, third-party breach, force majeure, natural disaster, unauthorized access, or any other unforeseeable event), disclosed, lost, damaged, falls into the hands of unauthorized persons, or is in any way breached, DentinCloud is not liable for any direct or indirect damage arising from such situation.

9.6. The User accepts and declares that it is solely responsible for any and all claims, complaints, lawsuits, and administrative sanctions that may arise from third parties (including patients, employees, business partners, and regulatory authorities) in connection with the patient data and other personal data processed by the User on the Platform. Any claim directed at DentinCloud within this scope shall be borne by the User.

9.7. The User is responsible for fulfilling its disclosure obligation under the KVKK, and other applicable data protection laws (including the GDPR where applicable), toward its patients and other relevant persons, for obtaining the necessary explicit consents, and for personally fulfilling its obligations regarding data security. Any liability arising from the failure to fulfill these obligations rests exclusively with the User.

9.8. Although DentinCloud takes industry-standard security measures, the User accepts that no security system is 100% secure. DentinCloud accepts no liability for data breaches that occur despite its having taken reasonable security measures.

9.9. The User must regularly back up its data on the Platform under its own responsibility. The backup service provided by DentinCloud does not remove the User's own backup responsibility.

9.10. The User is solely responsible for all damages arising from the User's unlawful use of the Platform, sharing of Account information with third parties, or breach of this Agreement. Accordingly, any and all damages incurred by DentinCloud as a result (including attorney's fees and litigation costs) shall be indemnified by the User.

9.11. DentinCloud is not obliged to verify the accuracy, completeness, currency, or lawfulness of the data entered by the User on the Platform, and cannot in any way be held liable for the content of such data.

ARTICLE 10 – CONFIDENTIALITY

10.1. The parties undertake to keep confidential, indefinitely and even after the termination of this Agreement, the trade secrets, confidential information, and personal data belonging to each other that they learn during the performance of this Agreement.

10.2. The confidentiality obligation does not apply where the information becomes public, is disclosed pursuant to a legal requirement, or is independently developed by the receiving party.

ARTICLE 11 – TERM AND TERMINATION OF THE AGREEMENT

11.1. This Agreement enters into force on the date the User registers for the Platform and remains in force until terminated by one of the parties.

11.2. The User may terminate the Agreement at any time by closing its Account. Termination takes effect at the end of the current subscription period.

11.3. DentinCloud may immediately and unilaterally terminate the Agreement in the following cases:

a) The User breaches the provisions of the Agreement and fails to remedy the breach within 7 (seven) days despite the warning given

b) The User uses the Platform for illegal purposes

c) The User engages in actions that would endanger the security of the Platform

d) The User fails to fulfill its payment obligations for 90 (ninety) days

11.4. In the event of termination of the Agreement, the provisions of Article 5 (Intellectual Property), Article 9 (Limitation of Liability), Article 10 (Confidentiality), and Article 12 (Dispute) shall continue to remain in force.

ARTICLE 12 – FORCE MAJEURE

12.1. Natural disasters, war, terrorism, epidemic disease, changes in legal regulations, government intervention, internet infrastructure problems, cyber attacks, and similar events beyond the control of the parties are deemed force majeure.

12.2. In the event of force majeure, the obligations of the affected party are suspended for the duration of the force majeure.

12.3. In the event that the force majeure situation exceeds 60 (sixty) days, either party may terminate the Agreement without compensation.

ARTICLE 13 – DISPUTE RESOLUTION AND GOVERNING LAW

13.1. This Agreement is governed by the laws of the Republic of Türkiye.

13.2. In disputes arising from the Agreement, amicable resolution methods shall be sought first.

13.3. In the event that the dispute cannot be resolved amicably, the Istanbul Courts and Enforcement Offices shall have jurisdiction.

ARTICLE 14 – MISCELLANEOUS PROVISIONS

14.1. Severability: The invalidity or unenforceability of any provision of this Agreement does not affect the validity of the remaining provisions of the Agreement.

14.2. Waiver: The failure of either party to exercise, or delay in exercising, any of its rights does not mean that it has waived that right.

14.3. Entirety: This Agreement, together with the Privacy Terms and the Disclosure Statement, constitutes the entire agreement between the parties.

14.4. Assignment: The User may not assign its rights and obligations arising from this Agreement to third parties without the prior written consent of DentinCloud.

This Agreement consists of 14 (fourteen) articles and enters into force upon the User's registration for the Platform.