User Agreement

Also known as: Terms of Use, Terms of Service, Membership Agreement, Kullanıcı Sözleşmesi

In short

The membership agreement or terms of use governing a website's, mobile app's or digital platform's relationship with its users; it sets out the scope of the service, the parties' rights and obligations and content responsibility.

A user agreement governs the relationship between a website, mobile app or digital platform and its users. It is also called a membership agreement, terms of use or terms of service. It is the cornerstone of the platform’s legal infrastructure and the first document consulted in disputes with users.

Formation

For a user agreement to be binding, the user must have had the opportunity to read it and accepted it by an active step. Acceptance via a checkbox at sign-up (click-wrap) is a strong method; terms that sit only as a footer link without obtaining the user’s acceptance (browse-wrap) are of doubtful effect. Under the Turkish Code of Obligations’ rules on standard terms, terms the other party was not informed of and could not read may be deemed not written.

What the Agreement Should Include

Description and scope of the service,
Membership conditions, account security and user obligations,
Rules on user content and removal of illegal content,
Intellectual property rights and the licence granted to the user,
For paid services, payment, refund and subscription terms,
Liability limits,
Amendment and termination of the agreement,
Governing law and dispute resolution.

Personal Data

The KVKK privacy notice should be a separate, intelligible text. Explicit consent should not be tied to accepting the agreement but obtained separately and optionally. Marketing messages also require commercial electronic message consent.

Limits towards Consumers

Where users are consumers, the agreement is subject to unfair terms review: unilateral amendment rights, exclusion clauses and clauses limiting statutory rights may be void. On marketplaces, agreements with sellers are also subject to the restrictions on marketplaces under e-commerce law.

Frequently Asked Questions

Can we change our terms of use unilaterally?

A right to change may be provided, but towards consumers changes must be notified in advance and a user who does not accept must be able to leave the contract without penalty. Changes to the consumer's detriment without notice may be unfair terms.

Can we put the privacy notice inside the user agreement?

Not recommended. The KVKK privacy notice should be a separate, intelligible text; explicit consent should not be tied to accepting the agreement but obtained separately and optionally.

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