Membership Agreement

Effective Date: 02/01/2025

1. Parties

This Agreement ("Agreement") is entered into between FARMTAR TARIM YAZILIM BİLİŞİM TİCARET VE LİMİTED ŞİRKETİ ("FARMTAR"), which operates the domain name www.farmtar.com and the Farmtar mobile application, and the Member who wishes to become a member of the Site and mobile application. The Member acknowledges, declares, and undertakes irrevocably that they have read, understood, and voluntarily accepted all provisions of the Agreement by registering as a member on the Farmtar.com website and mobile application. In this Agreement, FARMTAR and the Member shall individually be referred to as the "Party" and collectively as the "Parties."

2. Definitions

Within this Agreement, the following terms are defined as:

• Site/Mobile Application: Refers to Farmtar.
• Member: Refers to any individual or entity registered on the Site/Mobile Application.
• Site: Refers to the website operating under the domain name www.farmtar.com
• Mobile Application: Refers to the Farmtar mobile application downloadable from app stores like Google PlayStore, AppleStore, and Huawei Store.
• Platform: Refers to all systems belonging to Farmtar.

3. Subject Of Agreement

This Agreement determines the mutual rights and obligations of the Parties concerning the Member’s use of the Farmtar mobile application to monitor agricultural activities. This Agreement covers all current and future data entries that Members will perform on the Farmtar website/mobile application.

4. Farmtar's Rights And Obligations

4.1 - Farmtar takes reasonable security measures to prevent the loss, misuse, and alteration of personal identity, address, and contact information under its control. However, Farmtar does not guarantee the security of this information. Information and data transmitted to the Site by the Member may be processed by Farmtar in accordance with its purpose.

4.2 - For security purposes, Farmtar encrypts Members' data. Encrypted information can only be accessed by the user. Farmtar personnel cannot access data such as farmer, customer, land, and logistics information registered by the Member on the platform due to encryption. Therefore, Farmtar cannot assist the Member in case of permanent deletion or incorrect modification of this information.

4.3 - Farmtar reserves the right to partially or completely change the format and content of the platform without prior notice to the Member. It can change the domain name under which the platform operates, use subdomains, redirect domains, or shut down the domain entirely.

4.4 - Farmtar may at any time and without prior notice to the Member, modify the scope and types of services offered, temporarily or permanently suspend the services on the platform, or terminate them entirely.

4.5 - Farmtar may make changes or updates to services, online purchase terms, and operational processes at any time for more efficient performance of the tasks specified in this Agreement.

4.6 - This Agreement does not constitute any commitment by Farmtar to the Member regarding services or other issues outside the scope of paid membership services. Therefore, the Member cannot claim any rights or compensation from Farmtar under any circumstances.

4.7 - Farmtar reserves the right to request monthly/annual usage fees from Members for platform access and services.

5. Member's Rights And Obligations

5.1 - Membership is completed when the membership procedure specified on the platform is fulfilled by the individual who wishes to register. By becoming a member, the Member accepts all provisions of this agreement, as well as any declarations made or to be made by Farmtar regarding membership, services, and platform opportunities.

5.2 - The Member declares and undertakes that the identity, address, and contact information provided during the membership process are complete and accurate, and agrees to promptly notify Farmtar of any changes. The Member is solely responsible for any legal disputes or damages resulting from incomplete, outdated, or incorrect information. Farmtar bears no liability for such instances.

5.3 - The Member agrees to act in accordance with current legislation and general moral principles while using the services specified on the platform. They shall not engage in actions such as insult, threat, defamation, harassment, political or ideological propaganda, or behaviors that may disturb other members. They also agree to avoid actions that could defame individuals or institutions or disrupt or interrupt the services provided on the platform. The Member accepts full responsibility for any damages resulting from such actions.

5.4 - The Member agrees not to violate the intellectual property rights of Farmtar or third parties. They shall respect copyright laws, avoid unfair competition, and refrain from infringing on the trade secrets or privacy of others.

5.5 - The Member agrees to use a password that is not easily guessed by others while using the platform and not to share their username, password, or similar information with others. The Member assumes full responsibility for the security of such information and acknowledges that Farmtar is not liable for any damages resulting from unauthorized access to or misuse of this information.

5.6 - The Member agrees not to send harmful programs, software, codes, or similar materials to the platform and to avoid any actions that may jeopardize the security of the Site and its members.

5.7 - The Member may not restrict or interfere with the use of the platform by others, share information about Farmtar with competitors, conduct defamatory campaigns on social media, or disrupt the operation of servers or networks necessary for the platform's functionality.

5.8 - Farmtar is not responsible for any damages, including but not limited to losses caused by viruses affecting the Member's computer hardware or losses resulting from information obtained from the platform. The Member agrees to bear full responsibility for any damages directly or indirectly caused by their access to and use of the platform.

5.9 - The Member agrees not to use any tools, software, or instruments to interfere with or attempt to interfere with the operation of the platform, nor to access the platform without authorization or tamper with other members’ software or data without permission.

5.10 - The platform may contain links to other websites that are entirely independent of Farmtar and beyond Farmtar's control. Farmtar does not guarantee the accuracy of the information on these linked sites and is not responsible for the services/products or content offered on these linked sites. Access to these websites is entirely at the Member's own risk and outside of Farmtar's responsibility.

6. Intellectual Property Rights

6.1 - The presentation and entire content of the platform are protected under Turkish law and intellectual property legislation. All trademarks, logos, service marks, and published information and data on the platform belong to Farmtar and/or licensors. Without the written consent of Farmtar, the Member may not distribute, transmit, modify, copy, display, reproduce, publish, process, or otherwise use the Site’s content directly or indirectly. Nor may the Member allow others to access or use the platform's services. Otherwise, Farmtar reserves the right to claim any damages incurred and will hold the Member responsible for any compensations requested by licensors or third parties due to such violations.

6.2 - All property, intellectual and material rights, commercial information, and expertise regarding the platform's services, website/mobile application information, and works subject to Farmtar's copyrights are reserved by Farmtar.

6.3 - All rights to texts, graphics, visuals, and images/photos on the platform are reserved and cannot be used without permission.

6.4 - Unauthorized use of all financial rights related to the platform's design and software (processing, reproduction, dissemination, representation, and public disclosure), including but not limited to unauthorized disclosure and use, will constitute a violation of intellectual and industrial property rights.

6.5 - Members agree to comply with the provisions of the Turkish Code of Obligations, Turkish Penal Code, Copyright Act, Turkish Commercial Code, Industrial Property Law, and any current or future legislation when using the platform. All legal, administrative, criminal, and financial responsibilities resulting from improper use will belong to the Member, and Farmtar retains the right to indemnity.

7. Responsibilities

7.1 - The Member acknowledges that there may be deficiencies, communication issues, technical problems, infrastructure and internet outages, power cuts, cyber-attacks, connection speed issues, server or database problems, and other issues, including but not limited to the listed scenarios, in the information and services offered/published on the platform. In the event of such problems/failures or in case of a violation of any obligation outlined in this agreement by the Member, or for any reason without notice or justification, Farmtar reserves the right to cancel the membership without notifying the Member.

7.2 - Farmtar is not liable for any direct and/or indirect damages resulting from the Member's use of any product or service on the platform. The Member acknowledges and declares that they are solely responsible for any damage or harm that may occur as a result of using the service or the platform.

8. Force Majeure

In cases of force majeure, such as natural disasters, rebellions, wars, strikes, communication issues, technical problems, infrastructure and internet outages, military uprisings, regional/national/global epidemics and associated legal/administrative curfews or restrictions, power cuts, cyber-attacks, connection speed issues, server or database problems, and adverse weather conditions that are beyond the reasonable control of Farmtar and despite the due diligence, cannot be prevented, Farmtar reserves the right to delay, partially perform, or entirely fail to fulfill its obligations under this agreement. During the force majeure period, Farmtar’s obligations will be suspended. In such cases, Farmtar will not be deemed to have delayed, partially performed, or failed to perform its obligations, nor will it be considered in default. Members cannot claim any compensation from Farmtar under such circumstances. If the force majeure situation persists for more than seven (7) days, Farmtar has the right to unilaterally terminate this agreement without compensation and without prior notice.

9. Amendments to the Agreement

Farmtar reserves the right to make unilateral changes to the provisions of this agreement without prior notice to the Member and without justification, in order to enhance the efficiency of the operations outlined in the agreement or to make changes within the scope of the services provided. The Member is deemed to have accepted these changes from the moment they are published on the platform. The Member irrevocably accepts this condition in advance.

10. Termination of the Agreement

10.1 - This agreement comes into effect upon approval on the platform and will automatically terminate without further notice if Farmtar cancels the Member's membership or ceases the services offered on the platform.

10.2 - If the Member violates any or all of their obligations under this agreement, Farmtar has the right to unilaterally terminate this agreement and cancel the Member's membership without notice or justification. Additionally, Farmtar may cancel any services, offers, or memberships provided to the Member. The Member cannot claim any rights or compensation from Farmtar in such termination cases. Farmtar is entitled to claim any incurred or potential damages from the Member.

11. Privacy and Personal Data

11.1 - The Member agrees to keep confidential any information obtained directly or indirectly about Farmtar during the performance of this Agreement, including but not limited to commercial, financial, legal, or technical information, trade secrets, or any other information subject to legal protection. Such information may not be disclosed to any person without the express consent of Farmtar. If the Member violates this obligation, they shall be liable for any damages incurred by Farmtar. Additionally, Farmtar may collect and use the Member's identity, address, contact, IP, and platform usage information in a database for lawful purposes, such as user profiling, market research, and generating platform usage statistics. Farmtar is authorized to share the Member's information with third parties as deemed necessary in relation to the services provided on the platform. Furthermore, Farmtar may disclose this information to comply with legal obligations, respond to judicial or administrative investigations, or protect user rights and safety. This confidentiality clause remains effective indefinitely, even after the termination of this Agreement.

11.2 - Farmtar will operate in accordance with data protection laws and regulations, including those governing electronic commerce. The Member provides explicit consent for Farmtar to process and transfer personal data and to send commercial electronic messages, except in cases where the law provides exemptions.

The Member's personal data will be collected automatically or non-automatically during the execution of the contractual relationship, based on the Member's own inputs or other legal grounds as required to operate and improve the services. This personal data will be processed for purposes such as increasing company visibility, promoting services, delivering general or personalized advertisements, announcements, and campaign information, and enhancing customer satisfaction. The data may also be used to manage customer complaints and loyalty programs, conduct customer surveys, and obtain feedback, as explicitly agreed by the Member. Data security and storage will be handled with utmost care, and personal data may be shared with service providers, IT solution providers, call center operators, and logistics companies involved in service execution. Farmtar may also transfer this data to third parties, including but not limited to, official institutions, authorized representatives, and affiliated businesses, within the scope of service execution, as explicitly agreed by the Member.

Under data protection laws, Members have the right to:

• Learn whether personal data is processed.
• Request information about the processing of their data.
• Learn the purpose of data processing and whether it is used for the intended purposes.
• Know the third parties, domestic or foreign, to whom their personal data has been transferred.
• Request corrections if their personal data is incomplete or incorrect.
• Request the deletion, destruction, or anonymization of personal data if the processing grounds no longer exist.
• Request notification of corrections or deletions to third parties to whom the data has been transferred.
• Object to negative consequences arising from automated data processing analysis.
• Seek compensation for damages incurred due to unlawful data processing.

The Member consents to the processing and transfer of personal data in accordance with the terms outlined above. The Member also agrees to receive commercial electronic messages under the Law on the Regulation of Electronic Commerce. These communications may include notifications about changes to purchased goods or services, as well as updates, usage guidelines, maintenance notifications, and other commercial communications via phone, call centers, faxes, automated dialing systems, smart audio recorders, email, or SMS in an electronic format.

12. Final Provisions

12.1 - If any provision of this Agreement is deemed invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect.

12.2 - Turkish Law shall govern any disputes arising from the application of this Agreement, and the Edirne Courts and Enforcement Offices shall have jurisdiction.

12.3 - In case of any disputes, the Member agrees that all records, documents, books, and all forms of digital and internet-based data maintained by Farmtar shall constitute conclusive and binding evidence. The Member acknowledges this provision as an evidentiary agreement within the scope of Article 193 of the Turkish Civil Procedure Code.

12.4 - The failure or delay of Farmtar in exercising any right or authority under this Agreement shall not constitute a waiver of such right or authority. Partial or single exercise of any right or authority does not preclude the further exercise of that or any other right or authority. Waiving any condition, clause, or provision of this Agreement does not constitute a continuous or subsequent waiver of that condition, clause, or provision.

12.5 - This Agreement supersedes any previously approved agreements on the platform upon acceptance and confirmation by the Member. In the event of any conflicts, regardless of the applicable agreement period, the provisions of this Agreement shall prevail. The Member acknowledges that they have no rights or claims against Farmtar due to previously approved agreements or business practices and irrevocably releases Farmtar from any such claims. The Member also agrees that any responsibilities arising from previously approved agreements or commercial relationships with Farmtar shall remain in effect.

12.6 - The Member declares that they have read, understood, and accepted all applications and rules on the platform. The Member also affirms that they knowingly accept any provisions in this Agreement that may be contrary to their interests.

12.7 - The Member may not assign or transfer any rights, claims, or obligations arising from this Agreement to third parties without prior written consent from Farmtar.

12.8 - To the extent permitted by law, Farmtar shall not be liable for indirect, consequential, or punitive damages, including but not limited to loss of productivity or land (including lost profits). Farmtar's liability for damages arising from any breach of warranty or obligations under this Agreement shall be limited to the total membership fees paid by the Member for the use of the platform. Farmtar shall not, under any circumstances, be held liable for the Member's indirect damages.

12.9 - The parties agree that the addresses provided during the membership process are their official notification addresses. Any changes to these addresses must be communicated in writing to the other party. Otherwise, notifications made to the specified addresses will be considered valid and legally binding. The Member consents to receive notifications regarding changes in agreements, approvals, membership cancellations, terminations, or other matters via the email address provided during the membership process. Notifications sent by Farmtar via email are deemed received as soon as they are sent, regardless of whether the Member accesses or reads them. Farmtar shall not be held responsible for delayed or undelivered notifications or their consequences. For any legal correspondence with Farmtar, the Member may not use electronic mail or fax.