Service Agreement

1. Parties and Subject

This agreement sets out the terms for the use of the Datapa software between, on one side, the service provider Moserra Software (hereinafter “Datapa”) and, on the other side, the health tourism company, agency, hospital, clinic or physician who opens a Datapa account (hereinafter the “User”).

The Service is provided for use within the scope of the User’s commercial or professional activity. Before opening an account, the User is able to access, review, save and print this agreement. The agreement is concluded and enters into force when the User completes the account opening process.

2. Definitions

• Service: the browser-based CRM software that collects and tracks potential customers (leads) coming from Meta ads offered under the name Datapa.
• Account: the user account created by the User to access the Service and used with the User’s own login credentials.
• Patient: a person to whom the User provides services and whose data is entered into the system by the User.
• User Content: all data entered into the system by the User, including records, plans, templates, logos and images.

3. Scope of the Service

The Service is provided via the cloud: the User does not need to set up a server, install software or perform maintenance. The Datapa service provides software only; it is not a party to the services the User provides to the patient and does not act as an intermediary in the provision of those services. The Service is provided with the features it has at the time the agreement is concluded; its content may be developed over time. The User is informed before any change that materially restricts the User’s existing use takes effect. Any features marked “Coming soon” are not yet provided and are not included in the scope of this agreement.

4. Professional Responsibility

The Datapa service is not a medical device or diagnostic tool and does not provide medical or professional advice. The Service is an auxiliary tool for the health tourism company, agency, hospital, clinic or physician. Responsibility for the content, suitability and accuracy of the services provided to the patient, and for their compliance with professional legislation and ethical rules, rests solely with the User. The User declares that it is authorised under the relevant legislation to provide the professional services it offers to the patient.

The User is responsible for ensuring that the content and the promotional and informational texts it creates, publishes or sends to the patient through the Service comply with Law No. 1219 on the Practice of Medicine and Its Branches and with the legislation on the promotion and advertising of health services, and for obtaining and maintaining the permits, licences and authorisation documents required for its activity. The Datapa service does not provide health services and does not refer patients; it does not review or warrant the User’s content, promotions, permits and authorisation documents or the compliance of its activity with the legislation.

5. Obligations of the User and Prohibited Use

• The User is responsible for ensuring that the information it provides when opening the account and thereafter is accurate and up to date.
• The User is responsible for the security of its account credentials and for all actions taken through its account. The User does not share its login credentials with third parties and is also responsible for the actions of its own staff to whom it grants access to the Account. The User reports without delay any unauthorised use of its account upon becoming aware of it.
• The User declares that it has the necessary legal basis to process the personal data of the patient and that it has informed the relevant patient as required by the legislation.
• Health data are special categories of personal data under Article 6 of the Personal Data Protection Law No. 6698 (“KVKK”). The User is responsible for satisfying the conditions set out in the Law for processing such data (including explicit consent where required) and for fulfilling the obligations relating to special categories of personal data.
• Where the User sends messages to the patient through the Service, the consent and information obligations arising under the relevant legislation, including Law No. 6563 on the Regulation of Electronic Commerce, rest with the User.
• The Service may not be used for unlawful purposes, in a manner that infringes the rights of third parties, or in a way that disrupts the operation of the system. In particular, attempts at unauthorised access, circumvention of security measures, uploading of malicious software, automated data extraction beyond ordinary use and overloading of the system are prohibited.

6. Protection of Personal Data and Allocation of Roles

With respect to the personal data of the patient — including health data —, under the KVKK the User is the data controller and the Datapa service is the data processor. With respect to the User’s own account data, the Datapa service is the data controller; details on such data are set out in the KVKK Privacy Notice.

In its capacity as data processor, the Datapa service:

• processes such data solely for the purpose of providing the Service and in accordance with the User’s instructions; it does not use such data for its own purposes, does not sell it and does not process it for advertising purposes. If it considers that an instruction is contrary to the legislation, it informs the User;
• takes, pursuant to Article 12 of the KVKK, the technical and organisational measures necessary to ensure an appropriate level of security in order to prevent the unlawful processing of and access to the data and to ensure their safekeeping; it limits access to the data to persons authorised on a need-to-know basis and bound by confidentiality;
• informs the User without delay upon becoming aware that the data have been obtained by others through unlawful means. The obligation to notify the Personal Data Protection Board and the data subjects rests with the User in its capacity as data controller;
• may engage sub-processors for services such as hosting and notification infrastructure; it binds sub-processors by obligations equivalent to those in this Section and notifies the User in advance of any material changes to its sub-processors. The User may object on reasonable grounds and, if the objection cannot be resolved, may terminate the agreement without paying any fee;
• provides reasonable assistance to enable the User to respond to applications made by data subjects under Article 11 of the KVKK.

Some of the service providers used to provide the Service may be located abroad. Transfers of personal data abroad are carried out in compliance with the conditions set out in Article 9 of the KVKK; the recipients and the purpose of the transfer are shown in the “Transfer” section of the KVKK Privacy Notice.

The Datapa service takes appropriate technical and organisational measures for the security of the data (KVKK Privacy Notice, “Data Security” section). Data are backed up regularly. Before the agreement ends, the User may request that its data be provided to it in a commonly used, machine-readable format; to the extent that the panel offers an export function, the User may also export its data itself. Upon closure of the account or termination of the agreement, after the data have been provided to the User at its request, the data are deleted or anonymised, including in backups, to the extent that no legal ground requiring their retention remains.

7. Fees, Payment and Term

• The subscription fee, the payment method and whether taxes are included in the fee are shown to the User at the time of purchase.
• The first 14 days are free of charge, and no payment method is requested for this period. Automatic payment does not start when the free period ends; continuing is the User’s decision.
• The subscription ends automatically if it is not renewed at the end of the term; no termination fee is charged for this. If the User ends the subscription in the middle of a term that has already begun, no refund is made for the remaining period.
• If the fee is not paid, the relevant term does not begin and access to paid features may be suspended until payment is made.
• Price changes are notified before the current term ends and apply only from the following term. A User who does not accept the new price may end the agreement by not renewing the subscription.

8. Intellectual and Industrial Property Rights

All intellectual and industrial property rights relating to the Service and the software belong to Moserra Software. The User is granted a non-transferable, non-exclusive right of use for the term of the agreement and limited to the terms of this agreement. The source code of the software may not be accessed; the software may not be copied, reproduced or reverse engineered. The User may not sublicense or rent out the Service or make it available to third parties other than its own staff. User Content belongs to the User; the Datapa service has the right to process it only to the extent necessary to provide the Service.

9. Service Continuity and Support

The Datapa service makes reasonable efforts to keep the Service running without interruption; however, uninterrupted availability is not guaranteed, and a specific availability rate is deemed committed only if separately agreed in writing. Planned maintenance is carried out, as far as possible, during off-peak hours and with advance notice; in situations threatening security, emergency maintenance may be carried out without prior notice. Support requests may be submitted via the panel or to info@moserra.com and are answered within a reasonable time.

10. Confidentiality

The Parties keep confidential the commercial and technical information they learn within the scope of the agreement that is reasonably understood to be confidential. Information that is publicly available, information obtained independently of the Parties and information whose disclosure is mandatory under the legislation or a decision of a competent authority are excluded from this obligation. With respect to obligations relating to personal data, the provisions of Section 6 also apply.

11. Limitation of Liability

The total liability of the Datapa service under this agreement may not exceed the fees actually paid by the User in the twelve months preceding the event giving rise to liability. The Datapa service is not liable for loss of profit, loss of business, reputational harm or indirect damages.

These limitations do not apply to damages arising from wilful misconduct or gross negligence, damages arising from the infringement of personality rights, or liabilities that cannot be limited under the legislation. Pursuant to Article 115 of the Turkish Code of Obligations No. 6098, any agreement excluding or limiting liability in these cases is absolutely null and void.

The User indemnifies the Datapa service against damages arising from claims directed at it that result from User Content, from the services the User provides to the patient, or from the User’s own breach of this agreement or of the relevant legislation. The Datapa service informs the User without delay upon becoming aware of such a claim.

12. Term and Termination

The agreement enters into force when the account is opened and continues for as long as the account remains open. The User may end the agreement at any time by closing its account or by not renewing its subscription.

If the User materially breaches this agreement, the Datapa service may terminate the agreement, where possible after granting a reasonable period, if the breach is not remedied within that period; in the event of unlawful use or use that endangers the security of the system, access may be suspended immediately.

If a decision is made to discontinue the Service, the Datapa service notifies the User a reasonable time in advance and refunds any fees paid in advance for the unused period. Upon termination of the agreement, the handling of the data is governed by Section 6.

13. Force Majeure

In circumstances beyond the Parties’ control, such as natural disasters, war, epidemics, general infrastructure or electronic communications outages, cyber-attacks and decisions of public authorities, the performance of obligations is suspended for as long as the impediment continues and no liability arises for that period. The Party affected by force majeure notifies the other Party without delay. If the impediment continues for an unreasonable period, either Party may terminate the agreement without compensation.

14. Assignment and Subcontractors

The User may not assign its rights under this agreement without the written consent of the Datapa service. The Datapa service may use subcontractors (such as hosting and notification infrastructure) to provide the Service and is liable for the acts of a subcontractor as for its own acts.

15. Service of Notices and Communications

Notices to the User are sent to the e-mail address registered in the account or through in-panel notifications. Notices to the Datapa service are sent to info@moserra.com. The Parties accept that notices sent by e-mail satisfy the written notice requirement set out in this agreement. The User is obliged to keep its contact information up to date.

16. Amendment of the Agreement

This agreement may be updated; the current version is always published on this page. Changes that are in favour of the User or that are required by changes in the legislation take effect on the date they are published.

Changes to the detriment of the User are notified to the User a reasonable time before they take effect and apply with the User’s consent. If the User does not consent to the change, the previous terms continue to apply until the end of the current paid term; the User may also end the agreement without paying any fee.

17. Miscellaneous

• The Parties accept that, in disputes, the system records and panel records of the Datapa service and e-mail correspondence constitute evidence pursuant to Article 193 of the Code of Civil Procedure No. 6100; the right to submit counter-evidence is reserved.
• The invalidity of any provision of the agreement does not affect the validity of the remaining provisions; the invalid provision is replaced by the valid provision that comes closest to the Parties’ intention.
• The failure of either Party to exercise a right arising from the agreement does not constitute a waiver of that right.

18. Governing Law and Jurisdiction

This agreement is governed by the laws of the Republic of Türkiye. Where both Parties are merchants, the Istanbul Courts and Enforcement Offices have jurisdiction over disputes (Article 17 of the Code of Civil Procedure No. 6100); in all other cases, the competent court is determined in accordance with the statutory provisions.

Where the User qualifies as a consumer, consumer arbitration committees have jurisdiction within the monetary limits announced each year under Law No. 6502 on Consumer Protection, and consumer courts have jurisdiction over disputes exceeding those limits.