
Service Provider (Company):
Customer (User):
The Service Provider and the Customer shall be referred to individually as “Party” and collectively as “Parties.”
This agreement is concluded between the user of the GP Garaj mobile application and the Service Provider. It regulates the sale, installation, maintenance, software access, and monitoring services of a GPS/GSM-based tracking device provided by the Service Provider for the Customer’s motorcycle, as well as the rights and obligations of the parties and the principles regarding the protection of personal data processed during this service.
3.1. The Service Provider installs the tracking device on the Customer’s motorcycle, activates the system, and tests that the device is operational. 3.2. The Service Provider ensures that data such as location, speed, route, pauses, and engine status received from the device can be monitored by the Customer via …… . 3.3. The service is based on GSM/GPRS and GPS infrastructure. The Service Provider is not responsible for interruptions, operator failures, or signal weakness occurring in these infrastructures. The Service Provider is not liable for incomplete or non-provision of service in cases not caused by the Service Provider, such as malfunctions, maintenance/repair work, adverse weather conditions, or interruptions/restrictions imposed by official authorities. 3.4. The Service Provider performs malfunctions, maintenance, and software updates during the warranty period. The warranty period is …… years and covers technical malfunctions not caused by user error. 3.5. GSM line and data line services required for the device to operate are provided by the Customer. The Service Provider cannot be held responsible for the disconnection, cancellation, or quota insufficiency of these lines. 3.6. The Service Provider may perform system updates or maintenance when deemed necessary. Temporary access interruptions may occur during this process. The Service Provider cannot be held responsible for these interruptions. 3.7. The Service Provider reserves the right to perform software updates to increase general system performance, ensure data security, and offer new features. 3.8. Operations outside the scope of the service (e.g., re-installation, moving to a different vehicle, replacement of a damaged device) are charged separately. 3.9. All responsibility regarding the vehicle on which the device is mounted and any damages arising from events such as theft or fire that may occur to the vehicle belong to the Customer.
4.1. The Customer agrees that the device will only be mounted on their own vehicle and will not be used by third parties. Otherwise, all responsibility belongs to the Customer. 4.2. After installation, the Customer shall not disassemble, change, interfere with the cables, or perform unauthorized repairs. The Customer is responsible for any damage arising from any transaction on the device or software other than those by the Service Provider. 4.3. The Customer shall keep the GSM line required for the device active and shall not hold the Service Provider responsible for interruptions caused by data connection or network problems. 4.4. The Customer shall use the device only for legal tracking purposes. All administrative, legal, and criminal responsibility arising from use that interferes with the private lives of third parties belongs to the Customer. If the Service Provider suffers any damage or is forced to pay compensation due to such situations, the Customer shall immediately remedy the damage or pay the compensation to the Service Provider. 4.5. The Customer is obliged to keep their username and password confidential. The Customer is responsible for all damages arising from the unauthorized use of this information by third parties. 4.6. The Customer cannot hold the Service Provider responsible for data loss due to technical situations such as non-operation of the device or system, loss of GPS signal, or remaining outside the GSM coverage area. The Customer acknowledges that the device may not work and signals may not be received, especially in closed areas. 4.7. The Customer shall immediately notify the Service Provider of situations such as the sale, transfer, scrapping, or unusability of the motorcycle due to an accident. 4.8. The Customer acknowledges that changes made to the battery system or electrical installation of the vehicle and exposing the device to pressurized water may affect the operation of the device. The Service Provider is not responsible for malfunctions that may occur in such cases. 4.9. The Customer accepts that the data on the system is for information purposes only, does not constitute an official document, and cannot be evaluated as evidence in any way. 4.10. The Customer is obliged to pay service fees on time. In case of late payment, the Service Provider has the right to suspend the service. 4.11. The Customer shall immediately notify the Service Provider of any changes in information such as name-surname, plate, title, address, or contact, or if the owner of the vehicle changes. Responsibility for damages arising from failure to notify belongs to the Customer. 4.12. If the vehicle is sold and the new owner does not want to continue using the device, the device will be disassembled and taken back for a fee or installed on the Customer’s new vehicle. 4.13. The Customer shall not copy, reproduce, or use the device, its add-ons, or other hardware performing the service for any other purpose. Otherwise, the Customer is responsible for damages.
5.1. The Service Provider is not responsible for service interruptions due to force majeure, natural disasters, war, terrorism, infrastructure failures, GSM operator outages, software updates, or interventions by authorized authorities. 5.2. The Service Provider is under no obligation to compensate and has no administrative, legal, or criminal responsibility for the theft, damage, fire, or accident of the vehicle. 5.3. The Service Provider is not responsible for malfunctions occurring for reasons other than faulty installation (e.g., user intervention, energy fluctuations, disassembly, etc.). 5.4. The accuracy of location or movement data depends on the GPS signal and GSM network. Therefore, data deviations, signal losses, or delays are not the responsibility of the Service Provider. 5.5. The Service Provider cannot be held responsible for the legal consequences arising from the use of data obtained from the system as evidence in legal processes. 5.6. The Service Provider has the right to stop the service in case of misuse or manipulation of the system by third parties. 5.7. The Service Provider is not responsible for damages occurring in the vehicle due to the use or non-use of the device and related services, or visual distortions/damages caused by disassembling the device. 5.8. The Customer knows that the device provides tracking services only within the borders of Turkey.
6.1. Device and installation subscription fees are applied according to the current tariffs determined by the Service Provider. The Service Provider has the right to change fees unilaterally at any time. 6.2. Payments are made in cash or within the maturity specified in the invoice. In case of late payment, a penalty amount of …… shall be paid by the Customer for each day delayed. 6.3. Service may be suspended if payment is not made; if payment is not made within 30 days, the contract may be terminated immediately without any compensation obligation. 6.4. In case of termination of the contract before its term, fees for the remaining period are not refunded.
7.1. The agreement enters into force on the date of signature and is valid until …… . 7.2. If notification is not made 1 month before the end of the term, the agreement is extended for 1 year under the same conditions (excluding fee amounts). 7.3. The agreement may be terminated unilaterally by the Service Provider immediately and without any compensation obligation, without stating any reason. 7.4. Violation of the Customer’s obligations gives the Service Provider the right to suspend the agreement or terminate it immediately and without compensation.
Events developing beyond the control of the parties that prevent or delay the fulfillment of the Service Provider’s obligations (e.g., strikes, lockouts, war, civil war, terrorism, earthquakes, fires, floods, inability to access satellites due to geographical structure, state decisions, etc.) will be considered force majeure.
9.1. The Service Provider processes identity, contact, and location data of the Customer within the scope of the Personal Data Protection Law No. 6698 (KVKK). 9.2. Data is processed and stored for the purposes of service provision, system support, billing, and fulfillment of legal obligations. 9.3. The Customer has the right to access, correct, delete, restrict processing, and learn about data transfers in accordance with KVKK. 9.4. The Service Provider does not share personal data with third parties except for legal requirements. 9.5. The Customer acknowledges that they have read the clarification text regarding the tracking device, know for what purposes their data is processed, and consent to this.
The Parties agree to keep all kinds of information, data, and trade secrets obtained within the scope of this agreement confidential and not to disclose them to third parties. This obligation continues even after the agreement ends.
In disputes arising from this agreement, Turkish Law shall apply and Istanbul (central) courts and execution offices are authorized.
This agreement was drawn up in two copies on …/…/… and signed after being read by the parties.
Şeyhli Mah. Hızır Reis Cad. No:6 Pendik/İstanbul
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