MOBILE APPLICATION USER AGREEMENT

1. PARTIES

This Mobile Application User Agreement (hereinafter the "Agreement") is a legally binding agreement between Daikin Isıtma ve Soğutma Sistemleri San. Tic. A.Ş. (hereinafter "Daikin") and the User (hereinafter the "User") who submits personal information through the registration form in Daikin's mobile application called Airfel Scala. Hereinafter, Daikin and the User are individually referred to as the "Party" and collectively as the "Parties".

2. SUBJECT OF THE AGREEMENT

This Agreement enables the User to use Airfel branded devices developed by Daikin, with the system aimed at saving energy without compromising comfort conditions at home, and with the mobile application program (Airfel Scala Application) that provides remote control of the Airfel Scala product. Mobile application refers to the application that can be downloaded from the relevant mobile stores via mobile devices. In addition, additional terms and conditions may apply to additional services and applications to be provided other than the services offered by Daikin when creating a user registration.

3. CREATING A USER PROFILE

When the User fills out the registration form in the Airfel Scala Applications and confirms the "I have read and agree to the User Agreement" field and clicks the "Submit" button, this Agreement enters into force between the Parties for an an indefinite duration. With the entry into force of the agreement, the User shall be responsible as a user for all kinds of transactions you will make.

The User declares that he/she is over the age of 18 and has the legal capacity to enter into the User Agreement, and that he/she is authorized to represent and bind the legal entity for legal entity members. Daikin is not responsible for any actions contrary to this clause.

4. TERMS OF SERVICE
5. a) Airfel devices suitable for the relevant Airfel Scala application should be used for the use of the services and applications offered within the scope of the application. Airfel devices suitable for Airfel Scala application are specified in detail on the website with the domain name https://airfel.com/tr/tr. It is the User's responsibility to check that the mobile application can be used with the Airfel device at the User's disposal.
   b) Airfel Scala application, Daikin cloud service and Airfel devices are integral parts of Airfel products.
6. c) Airfel Scala application are applications that are allowed to be used by Users through smartphones compatible with Airfel devices compatible with Airfel Scala application. The use of the Airfel Scala application may require updates from time to time, and it is the User's responsibility to monitor and apply these updates regularly.
7. d) Airfel devices measure the temperature and humidity of the house, transfer it to the cloud-based system using the wireless internet infrastructure in the home, and manage the systems it is connected to from commands based on the cloud-based system.
8. e) Daikin cloud service is a service that stores temperature and humidity data from Airfel devices and according to instructions from Users. It is the name of the central server that provides instructions for Airfel products using various algorithms.
9. f) The user manual must be read carefully by the User before using Airfel devices.
10. g) There must be a wireless internet connection where Airfel devices are used to remotely control Airfel devices with the Airfel Scala application.
11. h) With the Airfel Scala application, your personal data is within the scope of the Personal Data Protection Law No. 6698 and on the application screen. It also operates within the framework of the relevant Clarification Text. You can find detailed information about the processing of your personal data by our Company  in the  Personal Data Protection and Processing Policy of Daıkın Isıtma ve Soğutma Sistemleri Sanayi Ticaret Anonim Şirketi, which can be accessed at https://airfel.com/tr/tr/sozlesmeler/kisisel-verilerin-korunmasi.  
12. i) The data required for the use of the Daikin application is sent and received through your current internet tariff.
13. j) Access to and through Daikin applications and the quality of the operations performed is also based on the quality of the service provided by the respective operator and Daikin has no responsibility for problems arising from this quality of service. In addition to the Daikin application, compatible tablets, mobile phones, etc. may need to be updated from time to time for the use of the Airfel Scala application. The user is obliged to follow these updates.
14. k) Natural gas and electricity bills may vary depending on how the Airfel Scala is used, natural gas price, air temperature, seasonal conditions, home insulation, size, use of other heat sources and other factors that may cause heat exchange in the home. Daikin makes the necessary efforts to improve your consumption conditions without compromising comfort conditions, but does not make any commitment that the User's invoice amounts will be reduced or that the invoice amounts will be recorded in a certain period. Daikin is not the subject of any claims or claims regarding bills, including whether the User's energy bills are higher than normal.
15. 
    l) All rights, ownership and interests of Daikin products and applications belong to Daikin. Nothing in the Agreement is construed as granting any right, title, or interest to any member, in whole or in part, in the Daikin application.
16. m) Daikin provides the Daikin application as-it-is and makes no claims or warranties that the products are error-free or perfect. The user agrees that the use of Daikin products and the app is entirely at their own risk and that they use it in accordance with the other instructions. The User declares that Daikin has no express or implied warranties or commitments in this regard.
17. n) The User shall not modify, duplicate, reproduce, reverse engineer, republish, upload to another computer, transmit or distribute to third parties in any way any data including source code, data code and software in the application, and may not use it in a way that contradicts the provisions of this Agreement. If Daikin detects otherwise, Daikin reserves the right to immediately block the User's access to the application.
18. o) As a result of Daikin, breach of contract, tort, negligence or other reasons; It does not accept any responsibility for interruption of processing, error, omission, interruption, deletion, loss, delay of transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, alteration or use of records.
19. p) Daikin is not responsible for the content of links or references to other websites that are not under its control or for any other links they contain.
20. r) In order to detect and eliminate the problems that may occur in the system related to this mobile application, to improve and develop the application and system, certain information such as the name of the internet service provider and Internet Protocol (IP) address used by the users to access the application, the date and time of access to the site, the pages accessed while on the site and the internet address of the website that provides direct connection to the site may be collected.
21. s) Daikin has taken measures to ensure that the Mobile Application is free from viruses and similar software. In addition, in order to ensure ultimate security, the User must procure its own virus protection system and provide the necessary protection. In this context, the User is deemed to have accepted that he/she is responsible for all errors that may occur in his/her software and operating systems and their direct or indirect consequences by entering the Mobile Application.
22. CREATING A USERNAME AND PASSWORD
23. a) The user will have a member name and password that he/she will determine when he/she registers to the mobile application and shall ensure its confidentiality. The user can change their password at any time. It is the User's responsibility to choose, change and protect the User's password. The User accepts, declares and undertakes that Daikin has no responsibility for the transactions made with the password in case the password is lost or learned by third parties.

If the User has a suspicion that the User's account information has been learned by a third party, the User is obliged to immediately report the situation to Daikin officials. In such a case, the User's membership may be suspended by Daikin for a reasonable period of time.

1. b) The email address provided by the User during the initial registration is unique to the member and the User has the possibility to create a single membership with this email address and User name. Two different memberships cannot be made with the same e-mail address. 
2. c) Daikin will communicate with the User via the e-mail address provided by the User when registering or by sending an SMS to the phone number. The user is obliged to keep his/her e-mail address and telephone number up to date. In the event of changes in the information provided during the creation of the User account, the User is obliged to notify the new and updated information without delay. 
3. d) Daikin is not obliged and responsible for investigating the accuracy of the information and content transmitted to Daikin by the User or uploaded, changed and provided by the User through the Application, and for undertaking and guaranteeing that such information and content are safe, accurate and lawful, nor is it responsible for any damages that may arise due to the inaccuracy or inaccuracy of the information and content in question.
4. FORCE MAJEURE

Employee-employer disputes, including uprising, embargo, state intervention, riot, occupation, war, mobilization, strike, lockout, labor actions or boycotts, cyber attacks, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur due to this, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or that occurs beyond Daikin's control,  Daikin shall not be held liable for its obligations prevented or delayed in performance as a result of Force Majeure if other events that are not caused by Daikin's fault and which cannot be reasonably foreseen ("Force Majeure") prevent or delay Daikin from performing its obligations under this Agreement, and this cannot be considered a breach of this Agreement. 

7. RESTRICTIONS
8. a) The user cannot request login information for another member. It is forbidden to access the account of any other member in any way.
9. b) Users acknowledge and agree that the information and content provided by them are accurate, legal and pertaining to them. Daikin is not obligated to investigate the accuracy of information and content uploaded, modified, and provided by its members, and agrees that such information and content are safe, accurate, and legal.
10. c) Daikin reserves the right to remove your application content or information, without any notice, if it believes that you have violated the Terms of Use, violated the intellectual property rights of others, or exposed the application to any risk or possible other legal action terminate your membership.
11. d) The User may not transfer, lease, use or sell the right granted to him under the Agreement in any way without the written consent of Daikin.
12. e) Daikin is not responsible for any loss or damage caused by any interference from Users and/or third parties or errors, damage or corruption in any software, equipment or data; The User shall not be liable in any way for any copyright or property infringement arising from its use. Daikin reserves the right, at its sole discretion, to change the terms of use and to remove content that it deems inappropriate.
13. TERMINATION OF THE AGREEMENT
14. a) Daikin may scan the content and messages needed to identify messages that are contrary to the Agreement or the general code of ethics and cannot be accepted by Daikin. It can remove these messages and content from access at any time. For this reason, it states that your membership is not necessary and/or reserves the right to terminate it without any notice.
15. b) Daikin may unilaterally terminate the Agreement without paying any fee if the User violates this Agreement. The User may unilaterally terminate this Agreement at any time without paying any fee. 
16. c) Deletion or cessation of use of the application by the User shall not be construed as termination of this Agreement, and if the User wishes to terminate this Agreement, this issue must be notified to Daikin in writing. 
17. d) The User account may be suspended for a period of 30 days so that the necessary investigations can be carried out by Daikin officials before the termination of use. In case of termination after the suspension period, a notification is made to the e-mail address notified by the User.
18. GENERAL PROVISIONS
19. a) Daikin shall not be claimed for direct or indirect damages that are not caused by User Daikin, including loss of profit, loss of value, etc.
20. b) Daikin is not responsible for any malfunctions that may occur in the system in which Daikin is used. Daikin shall not be held liable in any way for any damages that may occur due to defects and malfunctions of the systems with which Daikin is used.
21. c) The user accepts, declares and undertakes to use the services provided by Daikin in accordance with the instructions and information, to read and understand these instructions and not to claim any compensation in case of non-compliance with these instructions, as there may be reasons arising from the software and hardware used.
22. d) The services included in this membership agreement and there is no charge for the use of the apps. However, in order to use new services and applications offered by Daikin in the future, you must accept and agree to the terms and conditions set forth by Daikin to these services and applications. Daikin may, at its sole discretion, unilaterally amend this Agreement, all kinds of policies, terms and conditions, including clarification texts, at any time it deems appropriate, by announcing them in practice, provided that they are not contrary to the provisions of the applicable legislation. The amended provisions of this Agreement will become effective on the date they are announced in practice, and the remaining provisions will remain in force and continue to have their provisions and consequences. For the avoidance of doubt, this Agreement cannot be changed unilaterally by the User.
23. e) Notifications made to the e-mail addresses notified by the User during the establishment of the Agreement or later changed with the approval of Daikin will be considered as written notification within the scope of this article. The User accepts that Daikin's official books and commercial records, e-archive records, electronic information and computer records kept in the Daikin database and servers will constitute binding, conclusive and exclusive evidence in disputes that may arise from this Agreement and that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100. 
24. f) In the event that any provision of this Agreement becomes invalid or unenforceable in whole or in part, the other provisions of the Agreement shall continue in full force and effect in the event of such invalidity or unenforceability.
25. g) Istanbul (Anatolian) Courts and Enforcement Offices shall have jurisdiction to resolve disputes arising from this Agreement.