TERMS OF SERVICE

Last modified February 14th, 2025

These terms and conditions govern your access to and usage of Somera Sosyal Medya Araştırma Ölçümleme ve Analiz Anonim Şirketi's ("Somera") products, software, services, and website (collectively "Services"), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively "Content"), located at somera.com.tr and somera.social and all their subdomains.

BY ACCESSING AND USING THE SERVICES IN ANY MANNER, YOU ARE "ACCEPTING" AND AGREEING TO BE BOUND BY THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS OR USE THE SERVICES. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. THESE TERMS SHOULD BE READ IN CONJUNCTION WITH SOMERA'S PRIVACY POLICY.

Wherever used in these Terms of Service, "you," "your," "Customer," or similar terms mean the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.

Somera may update and change the Terms of Service from time to time without notice. Continued use of the Services after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version.

These Terms of Service include Somera's privacy policy, which is currently available at: https://policy.somera.com.tr/privacypolicy. By accessing and using the Services, you are consenting to (or promising that you have obtained appropriate consent for) the collection and use of personal information by Somera in accordance with Somera's privacy policy.

Somera reserves the right, at any time, to update and change any or all of these Terms of Service, at its sole discretion, including but not limited to any fees and charges associated with the use of the Services. If Somera does so, it will post the modified Terms of Service on the Site and, in its sole discretion, notify you of any changes that materially impact these Terms of Service. Continued use of the Services after any such changes have been made shall constitute your consent to such changes. You are responsible for reviewing the most current version of the Terms of Service, which is available at: https://policy.somera.com.tr/termsofservice. When Somera changes these Terms of Service, Somera will modify the "Last Modified" date above.

DATA PROTECTION AND PRIVACY (GDPR & KVKK)

Somera is committed to protecting personal data in compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Turkish Personal Data Protection Law No. 6698 (KVKK). As a data controller under these laws, Somera:

1. Lawful and Fair Processing
    Processes personal data lawfully, fairly, and transparently, only for legitimate purposes.
   
2. Data Minimization
    Collects and uses personal data limited to what is necessary in relation to the purposes for which it is processed.
   
3. Storage Limitation
    Retains personal data only for as long as necessary to fulfill those purposes or as required by law.
   
4. Data Subject Rights
    Respects individuals' rights under GDPR and KVKK, including the rights of access, rectification, erasure ("right to be forgotten"), restriction of processing, objection, data portability, and the right to lodge a complaint with a supervisory authority if you believe your data protection rights have been infringed.
   
5. Security Measures
    Implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, preventing unauthorized or unlawful processing and accidental loss, destruction, or damage of personal data.
   

For any inquiries, requests, or concerns regarding personal data, including exercising your rights under GDPR and KVKK, please contact Somera at info@somera.com.tr. Additional details are provided in our Privacy Policy at https://policy.somera.com.tr/privacypolicy.

DEFINITIONS

• "Authorization Form" means a document issued by Somera and executed or otherwise agreed upon by authorized representatives of the Parties which specifies, among other things, a description of the Services and any other details specifically related to the Services.
  
• "Authorized Users" means individuals who are directly accessing the Services authorized by you to use the Services and who you have supplied user identifications and passwords to. Authorized Users may include your employees, consultants, contractors, agents, or other designees.
  
• "Customer Content" means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format that you or your Authorized Users provide or make available to Somera for use of the Services.
  
• "Mentions" means information, including links, posts, and excerpts, that has been made publicly available and obtained by Somera on your behalf from the internet, and any data derived therefrom.
  
• "Services" means the Somera Services made available via Somera's proprietary software delivered through the Site (as defined below).
  
• "Supported Platform(s)" means any social or other networking site(s) or platform(s) currently supported by the Services.
  

SOMERA SERVICES

1. Services and Support
    Subject to the terms of this Agreement, Somera shall use commercially reasonable efforts to make the Services available to you for your personal or business use.
   
2. Basic Terms

• You are responsible for your use of the Services and any Content accessed or made available to others through your account.
• You must be able to form a legally binding contract under applicable law.
• Somera may change the Services or stop providing them at any time without notice.
• Access to any Third-Party Service Provider is subject to their respective terms.
• If you violate these Terms of Service, Somera may suspend or terminate your account at any time.

3. Updates and Functionalities

• Somera may periodically update the Services.
• Somera will not be liable for changes in appearance or functionality resulting from such updates.
• If a Supported Platform ceases to make their programs available to Somera, Somera may discontinue related features without providing a refund or credit.

4. Acceptable Use

• You are responsible for compliance with these Terms of Service by you and your Authorized Users.
• You shall use the Services only in accordance with applicable laws.
• You shall not use the Services to store or transmit unlawful, infringing, or tortious material, or to send spam.
• You shall not attempt to reverse engineer or access the Services' source code, nor enable others to do so, except where permitted by law.
• You agree to notify Somera promptly if you suspect any breach of security (e.g., unauthorized use of credentials).

5. Your Account

• You must provide accurate information and keep it updated.
• You are responsible for maintaining the confidentiality of your login credentials.
• Somera shall not be liable for losses resulting from unauthorized use of your account.

6. Mentions

• By using the Services, you may be exposed to content from third-party sources that is unlawful, offensive, or otherwise inappropriate.
• Somera does not own or control Mentions and has no obligation to remove or alter them.
• Your use of Mentions is at your sole risk.

7. Third-Party Products and Services

• The Services may provide access to or incorporate links to Third-Party Services.
• Your use of Third-Party Services is at your discretion and subject to their respective terms.
• Somera is not liable for any content or transactions you conduct with such third parties.

8. Use and Restrictions

• You may access the Services solely for the purposes described in these Terms.
• You may not access or search the Services by any means other than Somera's published interfaces or in any manner that disrupts the operation of the Services.
• You may not copy, modify, distribute, sell, or lease any part of the Services without Somera's written permission.

9. Content

• You acknowledge that Somera does not pre-screen Content.
• Somera has the right, but not the obligation, to remove Content deemed harmful, unlawful, or otherwise inappropriate.
• You must not transmit viruses, worms, or any code of a destructive nature through the Services.

10. Non-Exclusivity

• The rights granted to you under these Terms are non-exclusive, and Somera may offer the Services to others.

INTELLECTUAL PROPERTY

• Somera and its licensors retain all rights to the Services and Somera's Content.
• You acquire no ownership in the Services.
• By providing Customer Content to Somera, you grant Somera a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, and distribute such content as necessary to provide the Services.
• Somera owns all rights, title, and interest in and to its own Services, branding, feedback, and related materials.

CUSTOMER CONTENT

• You grant Somera a limited, non-exclusive license to access, use, reproduce, and transmit Customer Content for the purpose of providing the Services.
• You remain solely responsible for Customer Content, including its legality, reliability, and appropriateness.
• Somera may remove Customer Content that violates these Terms or applicable law.

SOMERA PRODUCTS AND FEES

• If you purchase Services, any applicable fees and billing arrangements will be governed by your specific agreement or Authorization Form with Somera.
• All fees are exclusive of any taxes or duties.
• Somera may modify pricing upon notice to you.

DELETION, CANCELLATION & TERMINATION

1. Cancellation
   

• You may cancel your account at any time. Cancellation will result in the deletion of all Content associated with your account.
• Once your account is deleted, Customer Content generally cannot be recovered.

2. Termination
   

• If you violate these Terms or create legal exposure or risk for Somera, Somera may suspend or terminate your account at its sole discretion.
• Somera may also suspend or discontinue the Services at any time.

3. Effects of Termination
   

• You will immediately cease use of the Services.
• You will have no further access to your Somera account.
• All outstanding amounts owed to Somera remain payable.

4. Survival
   

• Any provisions intended by their nature to survive termination shall do so.

WARRANTY DISCLAIMER

• THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.
• SOMERA DISCLAIMS ANY AND ALL LIABILITY FOR THIRD-PARTY CONTENT OR SERVICES AND DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION.
• NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY SOMERA CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

INDEMNIFICATION

• You shall defend, indemnify, and hold harmless Somera and its affiliates, officers, employees, and agents against any claims, damages, losses, or expenses arising out of or related to your Customer Content, your violation of these Terms, or your use of any Third-Party Services.

LIMITATION OF LIABILITY

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOMERA'S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF THE FEES PAID FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD PRECEDING THE CLAIM OR ₺30,000.
• IN NO EVENT SHALL SOMERA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, NOR FOR ANY UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT.

GENERAL

1. Assignment
    You may not assign these Terms or any rights or obligations without Somera's prior written consent. Somera may freely assign its rights and obligations under these Terms.
   
2. Amendment
    Somera may modify or supplement these Terms by posting updates on its website. Your continued use of the Services after any update constitutes acceptance of the modified Terms.
   
3. Severability
    If any provision of these Terms is declared unenforceable, the remaining provisions will remain in effect.
   
4. Notices
    Somera may inform you of changes or notices via email or other reasonable means. You are responsible for providing accurate contact information.
   
5. Waivers
    No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.
   
6. Nature of Relationship
    No agency, partnership, or joint venture is created by these Terms.
   
7. Force Majeure
    Neither party shall be liable for failure to perform due to causes beyond its reasonable control, such as natural disasters or governmental actions.
   
8. Governing Law
    These Terms are governed by the laws of the Republic of Turkey, and any disputes shall be subject to the exclusive jurisdiction of the courts of İstanbul Anadolu Courts.
   
9. Entire Agreement
    These Terms, along with Somera's privacy policy and any applicable Authorization Form, constitute the entire agreement between you and Somera regarding the Services.
   
10. Contact
     For questions about these Terms of Service, please contact Somera at info@somera.com.tr.
    

By using Somera's Services, you acknowledge that you have read and agree to these Terms of Service, including the provisions regarding GDPR and KVKK compliance. For detailed information on how we collect, process, and safeguard personal data, please refer to our Privacy Policy at https://policy.somera.com.tr/privacypolicy.