TERMS OF SERVICE
Last updated: November 2024
Welcome to Orceus, operated by MONOBLANK TEKNOLOJİ ANONİM ŞİRKETİ ("Company", "we", "us", or "our"). By accessing or using our website, products, and services, you agree to be bound by these Terms of Service.
1. ACCEPTANCE OF TERMS
By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services following any changes constitutes acceptance of those changes.
2. DESCRIPTION OF SERVICES
Orceus provides software development services, including but not limited to:
- Custom software development
- Web application development
- Mobile application development
- Desktop application development
- Workflow automation solutions
- System integration services
- SaaS (Software as a Service) products
The specific terms for each product or service may be outlined in separate agreements or service contracts.
3. USER OBLIGATIONS
By using our services, you agree to:
- Provide accurate and complete information when requested
- Maintain the confidentiality of any account credentials
- Use our services only for lawful purposes
- Not attempt to gain unauthorized access to our systems
- Not interfere with or disrupt the integrity of our services
- Not use our services to transmit harmful or malicious content
- Comply with all applicable laws and regulations
4. INTELLECTUAL PROPERTY
All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof, are the exclusive property of Orceus or its licensors and are protected by copyright, trademark, and other intellectual property laws.
For custom development projects, intellectual property rights will be defined in the specific service agreement between Orceus and the client. Unless otherwise agreed in writing:
- Pre-existing intellectual property remains with its original owner
- Custom-developed work ownership transfers to the client upon full payment
- Orceus retains the right to use general knowledge, skills, and experience gained during the project
5. PAYMENT TERMS
Payment terms for our services are as follows:
- Payment schedules and amounts will be specified in individual service agreements
- Invoices are due within the period specified in the agreement (typically 15-30 days)
- Late payments may incur additional fees as specified in the service agreement
- We accept payment via bank transfer and other methods as agreed
- All prices are exclusive of applicable taxes unless otherwise stated
6. CONFIDENTIALITY
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This includes:
- Business strategies and plans
- Technical specifications and documentation
- Customer data and personal information
- Financial information
- Any information marked as confidential
This obligation survives the termination of any agreement between the parties.
7. WARRANTIES AND DISCLAIMERS
We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. However:
- Our services are provided "as is" and "as available"
- We do not guarantee that our services will be uninterrupted or error-free
- We make no warranties regarding the results obtained from using our services
- We disclaim all implied warranties, including merchantability and fitness for a particular purpose, to the fullest extent permitted by law
8. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law:
- Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- We shall not be liable for any loss of profits, data, business opportunities, or goodwill
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Orceus, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of our services, your violation of these Terms, or your violation of any rights of another party.
10. TERMINATION
Either party may terminate the service relationship:
- With written notice as specified in the service agreement
- Immediately upon material breach by the other party that remains uncured after notice
- Immediately if the other party becomes insolvent or files for bankruptcy
Upon termination, you must pay for all services rendered up to the termination date. Provisions regarding intellectual property, confidentiality, limitation of liability, and indemnification shall survive termination.
11. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Istanbul, Turkey.
12. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
13. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
14. ENTIRE AGREEMENT
These Terms, together with any service agreements, constitute the entire agreement between you and Orceus regarding the use of our services. These Terms supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
15. CONTACT INFORMATION
If you have any questions about these Terms, please contact us:
Company: MONOBLANK TEKNOLOJİ ANONİM ŞİRKETİ
Brand: Orceus
Email: contact@orceus.com
Location: Istanbul, Turkey