TERMS OF USE FOR BON INFLUENCE

Last Updated:  26.05.2025

Welcome to BON Influence! These Terms of Use (“Terms”) govern your access to and use of the BON Influence software-as-a-service platform (the “Service”) provided by BON Yazılım Teknoloji ve Danışmanlık Şirketi, a company registered in Turkey (“Company,” “we,” “us,” or “our”).

By accessing or using the Service, creating an account, or clicking a button or checking a box marked “I Agree” (or similar), you (“User,” “you,” “your”) signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “User,” “you,” and “your” will refer to that Organization.

If you do not agree to these Terms, you may not access or use the Service.

1. DEFINITIONS
a. “Service” means the BON Influence B2B SaaS platform, including any associated software, applications, websites, content, and services provided by the Company.
b. “User Data” means all electronic data, text, messages, communications, or other materials submitted to and stored within the Service by you, your users, and your end-users in connection with your use of the Service.
c. “Company Content” means all content, software, tools, features, and functionality provided by the Company as part of the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, and the compilation thereof.
d. “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
e. “GDPR” means the General Data Protection Regulation (EU) 2016/679.
f. “KVKK” means the Turkish Law No. 6698 on the Protection of Personal Data (Kişisel Verilerin Korunması Kanunu).

2. SERVICE DESCRIPTION
BON Influence is a B2B SaaS platform designed to “help businesses manage and optimize their influencer marketing campaigns,” “provide analytics for social media influence,”. The specific features and functionalities available to you may depend on your subscription plan.

3. ACCOUNT REGISTRATION AND SECURITY
a. To access and use the Service, you must register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
b. You are responsible for safeguarding your Account password and any other credentials used to access your Account. You are solely responsible for all activities that occur under your Account, whether or not you have authorized such activities.
c. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

4. LICENSE TO USE THE SERVICE
a. Subject to your compliance with these Terms and payment of any applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.
b. This license is granted solely as necessary for you to use the Service as permitted by these Terms.

5. USER RESPONSIBILITIES AND PROHIBITED CONDUCT
You agree that you will not, and will not permit any third party to:
a. Use the Service for any illegal, fraudulent, or unauthorized purpose, or in any manner that violates any applicable local, national, or international law or regulation, including but not limited to GDPR and KVKK.
b. Steal, copy, scrape, data mine, or otherwise extract data or content from the Service, whether manually or through automated means (e.g., bots, spiders, crawlers), except as expressly permitted by the Service’s intended functionality or by prior written consent from the Company.
c. Engage in any unfair use of the platform, including but not limited to:
i. Attempting to gain unauthorized access to the Service, other users’ accounts, or Company systems or networks.
ii. Interfering with or disrupting the integrity, security, or performance of the Service or the data contained therein.
iii. Overburdening, “flooding,” “spamming,” “crashing,” or otherwise imposing an unreasonable or disproportionately large load on the Service’s infrastructure.
iv. Uploading or transmitting viruses, worms, Trojan horses, or any other malicious code or harmful technology.
v. Using the Service to harass, abuse, defame, or otherwise infringe or violate the rights of any other party.
d. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any software, documentation, or data related to the Service.
e. Modify, translate, or create derivative works based on the Service or Company Content.
f. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service or Company Content to any third party, except as expressly permitted for authorized users within your Organization.
g. Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Service or Company Content.
h. Use the Service to build a competitive product or service, or copy any features, functions, or graphics of the Service.
i. Bypass or attempt to bypass any access or use restrictions put in place to prevent certain uses of the Service.

6. FEES AND PAYMENT
a. Certain features of the Service may require payment of fees. All fees are as set forth in the applicable order form or subscription agreement and shall be paid by you in accordance with the payment terms therein.
b. All fees are non-refundable except as expressly stated in these Terms or as required by applicable law.
c. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities (e.g., VAT), and you shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on the Company’s net income.

7. INTELLECTUAL PROPERTY RIGHTS
a. Company’s Intellectual Property: The Service, Company Content, and all underlying technology, including all Intellectual Property Rights therein, are and shall remain the exclusive property of BON Yazılım Teknoloji ve Danışmanlık Şirketi and its licensors. Except for the limited license granted in Section 4, no rights are granted to you hereunder. The “BON Influence” name and logo are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
b. User Data: As between you and the Company, you own all right, title, and interest in and to your User Data. You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Data solely to the extent necessary to provide, maintain, and improve the Service and as otherwise permitted by these Terms and our Privacy Policy.
c. Feedback: If you provide us with any suggestions, comments, or other feedback relating to the Service (“Feedback”), such Feedback is and will be given voluntarily. We will be free to use, disclose, reproduce, license, or otherwise distribute and exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

8. DATA PROTECTION AND PRIVACY
a. Compliance: Both parties agree to comply with all applicable data protection laws, including GDPR and KVKK, concerning the processing of Personal Data.
b. Privacy Policy: Our collection and use of Personal Data in connection with the Service is described in our Privacy Policy. By using the Service, you agree to the terms of the Privacy Policy.
c. Your Responsibilities as Data Controller: To the extent that User Data includes Personal Data, you acknowledge that you are the Data Controller (or equivalent term under applicable law) of such Personal Data, and the Company is the Data Processor (or equivalent term). You are responsible for ensuring that you have all necessary consents and legal bases for collecting, processing, and transferring User Data to us for processing through the Service.
d. Company’s Responsibilities as Data Processor: We will process User Data containing Personal Data only in accordance with your lawful instructions, these Terms, our Privacy Policy, and any applicable Data Processing Addendum (DPA) entered into between you and us. We will implement appropriate technical and organizational measures to protect such Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
e. International Data Transfers: If Personal Data is transferred outside of Turkey or the European Economic Area (EEA), we will ensure appropriate safeguards are in place as required by GDPR and/or KVKK.

9. CONFIDENTIALITY
a. “Confidential Information” means all non-public information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes User Data; Our Confidential Information includes the Service and Company Content (excluding User Data).
b. The Receiving Party agrees to: (i) use the Disclosing Party’s Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms; (ii) not disclose such Confidential Information to any third party, except to its employees, contractors, and agents who have a need to know and are bound by confidentiality obligations at least as restrictive as those in these Terms; and (iii) protect such Confidential Information from unauthorized use or disclosure using the same degree of care it uses to protect its own confidential information of like nature, but not less than a reasonable degree of care.
c. These obligations do not apply to information that: (i) is or becomes publicly known through no fault of the Receiving Party; (ii) was known to the Receiving Party prior to disclosure by the Disclosing Party; (iii) is rightfully disclosed to the Receiving Party by a third party without restriction; or (iv) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
d. The Receiving Party may disclose Confidential Information if required by law, provided it gives the Disclosing Party prompt written notice (if legally permissible) and reasonable assistance in any effort to seek a protective order.

10. TERM AND TERMINATION
a. Term: These Terms commence on the date you first accept them and continue until your subscription to the Service expires or is terminated.
b. Termination by You: You may terminate your Account and these Terms by [describe procedure, e.g., “contacting customer support,” “using the account deletion feature in your settings”] or as per your subscription agreement.
c. Termination by Company: We may suspend or terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you, for any reason, including but not limited to:
i. If you breach any material provision of these Terms.
ii. If you fail to pay applicable fees.
iii. If required by law or governmental authority.
iv. For prolonged inactivity.
v. If we discontinue the Service or a material part thereof.
d. Effect of Termination: Upon termination or expiration: (i) all rights and licenses granted to you under these Terms will immediately cease; (ii) you must cease all use of the Service; (iii) we may delete your User Data in accordance with our data retention policies, subject to applicable law (you are responsible for exporting your User Data prior to termination); (iv) any outstanding payment obligations will become immediately due. Sections 5, 7, 8, 9, 10(d), 11, 12, 13, 14, and 15 will survive termination.

11. DISCLAIMER OF WARRANTIES
THE SERVICE AND COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WHILE WE STRIVE TO PROVIDE A RELIABLE AND ACCURATE SERVICE, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

12. LIMITATION OF LIABILITY
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BON YAZILIM TEKNOLOJİ VE DANIŞMANLIK ŞİRKETİ, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY COMPANY CONTENT.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF FEES PAID BY YOU TO US FOR THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM)
c. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless BON Yazılım Teknoloji ve Danışmanlık Şirketi, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Data caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

14. GOVERNING LAW AND DISPUTE RESOLUTION
a. Governing Law: These Terms and any action related thereto will be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of laws principles.
b. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be exclusively settled by the competent courts of Istanbul (Çağlayan), Turkey.
c. GDPR/KVKK Consideration: Notwithstanding the above, if you are a data subject located in the European Union or Turkey and have a complaint regarding the processing of your personal data under GDPR or KVKK respectively, you may have the right to lodge a complaint with your local supervisory authority.

15. MISCELLANEOUS
a. Entire Agreement: These Terms, together with our Privacy Policy and any applicable order form or subscription agreement, constitute the entire agreement between you and the Company concerning the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic).
b. Modifications: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days’ notice prior to any new terms taking effect (e.g., by posting a notice on our website or sending an email to the address associated with your Account). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
c. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
d. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
e. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
f. Notices: Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
g. Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or accidents.
h. No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.

16. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:

BON Yazılım Teknoloji ve Danışmanlık Şirketi
Evliya Çelebi Mah. Sadi Konuralp Cad. IKSV Vakfı No:5 İç Kapı No: 2 Beyoğlu / İstanbul 
[email protected]
wearebon.com