User Agreement

Terms of use

Vault Unified LLC ("Perwatch") provides the Service to You in accordance with the following Terms of Use.

1. Definitions

The following definitions apply to these Terms:

• "Affiliated Entity" means any entity that directly or indirectly controls, is controlled or is under common control with that entity.
• "Authorized Affiliate" means (a) any of the Customer Affiliates subject to the data protection laws and regulations of the European Union, European Economic Area and/or its member states, Switzerland, Turkey or the United Kingdom, and (b) Customer Perwatch is permitted to use the Services pursuant to the Agreement.
• "Controller" means the natural or legal person, public authority, institution or other body that individually or jointly determines the purposes and means of processing Personal Data; Where the purposes and means of such processing are determined by Union or Member State law, the controller of certain criteria for his candidacy may be provided for Union or Member State law.
• "Customer Data" means what is defined in the Agreement as "Customer Data" or "Your Data".
• "Data Protection Laws and Regulations" means all laws and regulations applicable to the Processing of Personal Data under the Agreement, including the laws and regulations of the European Union, the European Economic Area and its member states, Switzerland and the United Kingdom, Turkey.
• "Data Subject" means the identified or identifiable person to whom Personal Data relates.
• "Platform" means Personnel Monitoring Application, Project Management Application (Perwatch).
• "Personal Data" means (i) an identified or identifiable natural person and (ii) an identified or identifiable legal entity (where such information is similarly protected by personal data or personally identifiable information under applicable Data Protection Laws). Customer Data.
• "Processing" means any operation or set of operations performed on Personal Data, whether by automated means such as collection, storage, organization, configuration, storage, adaptation or modification, retrieval, consultation, use, disclosure by transmission. dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• "Processor" means the legal entity that Processes Personal Data on behalf of the Controller.
• "Project Management Application" is Perwatch's web-based project management tool that allows Users to organize, assign tasks and monitor their progress.
• "Service" means all software, mobile applications, websites and related services provided to you by Perwatch.
• "Personnel" means a person in a User's organization who is subject to the Personnel Monitoring Application.
• "Personnel Monitoring Application" is the software application that allows Perwatch to monitor Users' time worked, activities, locations and other relevant information for individuals in the User's organization. The Personnel Monitoring Application is an aspect of the Service provided by Perwatch under these terms.
• "Subprocessor" means any Processor commissioned by Perwatch or a member of the Vault IT Group.
• "Supervisory Authority" means an independent public authority established by an EU Member State pursuant to KVKK, GDPR.
• License to use the Service; authentication

2. Licence

The Service is licensed for use under these Terms only. Perwatch reserves all rights not expressly granted to you, including ownership and exclusive ownership of the Service, any software or updates thereof, and the source code of the Service.

When you register for the Service, Perwatch grants You the right to install the Service for use by the total number of Users you designate and authorize. The Service may not be used or accessed by persons without a license. The Service may not harm Perwatch systems by using any hardware or software that reduces the number of apparent users using the Service, regardless of how such access occurs, with any other software or hardware device that does not require the use or access of a person named in the license document. In such a case, Perwatch reserves the right to request the necessary information from the other party in order to determine the damage and to take the necessary actions.

You may not rent, lend, sell, redistribute or sublease the Service. These terms will cover any transaction provided by Perwatch that replaces and/or supplements the original service.

You agree to use your best efforts to protect the Service and upgrades from unauthorized use, reproduction, distribution, publication or modification.

3. Installation, customization and updates

The customer is responsible for creating the minimum environment necessary for the software to function properly on its computer systems. All updates, upgrades, enhancements, and changes to the Service MUST be made by Perwatch. Such updates include any changes or improvements to the Service, whether or not they result from a specific configuration of the Service for your use. As long as these Terms are in effect, you must allow Perwatch to access your computer/Network system (for updates and necessary actions for Perwatch) so that Perwatch can install all updates. Problems that may occur as a result of the application not working as intended due to Perwatch's inability to access the systems for the update will not be Perwatch's responsibility, and requesting a refund due to these problems will mean the termination of the license and your rights arising from your use of the application.

4. Duration and fees

It has the right to change the determined prices if you are given a prior notice of pricing. Perwatch will charge you a periodic (for example, weekly or monthly) fee for use of the Service. These Terms will begin after you sign up for the services and will continue until your use of the service is terminated by you when your license expires or Perwatch detects a violation of the terms of use. Perwatch works in a pay-and-go mode. After the payment is made, the number of users purchased for the service and the duration will be defined in the customer's account. You are responsible for any fees incurred by subscription to Perwatch prior to the termination date.

5. Termination

Upon termination of these Terms, the Service and all updates may cease to function properly and all warranties, express or implied, regarding the Service terminate. If you fail to comply with any provision of these Terms, your rights under these terms will automatically terminate without notice from Perwatch. In addition, Perwatch does not permit any illegal or illegal use of the Service that Perwatch believes in its sole discretion, including any use of the Service prohibited by local or national law (federal state for the United States), even if not specifically detailed by these Terms. may terminate the service for the process that is thought to harm their systems. Any warranty regarding the Service will automatically terminate without notice if you fail to comply with any provision of these Terms. The parties expressly agree that all provisions of these Terms relating to Copyright or other protectable interests of Perwatch shall remain in full force and effect notwithstanding the expiration of any warranty or use of the Service.

6. The proprietary nature of the service

The Service and Platform are owned by Perwatch and are Perwatch's valuable trade secrets. The Service contains proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright, trademark and service marks, and only such proprietary content, information or materials for uses permitted under these Terms, service, entrusted to you only for the purposes specified in these terms. The parties agree that any breach of this provision, such as reverse engineering, copying, translation, modification, copying, disassembly, decompilation, or otherwise tampering with the service or any software provided with it, will irreparably harm Perwatch . As a result, the parties agree that if you fail to comply with these Terms, Perwatch will be entitled to a specified payment, including immediate issuance of a temporary restraining order or a preliminary injunction enforcing these Terms, and prosecution for damages caused by such breach.

7. Allow the use of data

You agree that Perwatch may collect and use technical data and User information to the extent specified in its Privacy Policy (https://www.perwatch.com/en/privacy-policy), including but not limited to technical information about your device, system, and application software. This data is such as peripherals that are collected periodically to facilitate customization, service delivery, updates and other services (if any) related to the service to you. Perwatch may use this information to improve the Service or provide you with new technologies. Perwatch cares about data security, does not sell, market and share personal information with third parties (except for those necessary to provide the service). Therefore, it treats personally identifiable information differently from anonymous information. Personally identifiable information may be used to identify, locate or contact you. Anonymous information is non-personally identifiable information and is not associated with personally identifiable information. Perwatch can convert personally identifiable information into anonymous information. Thus, the personal feature of the information is destroyed. You acknowledge that the anonymous information belongs to Perwatch and that Perwatch has the right to use such general information as determined in its sole discretion. Perwatch may process personal or anonymous information in one of the countries determined by the GDPR. Perwatch uses personally identifiable information to improve quality of service, including communicating with you via email and phone to notify you of updates to the Service and providing information about your actions on Perwatch's website. Perwatch provides personally identifiable information to third parties who process such information in accordance with Perwatch's instructions in order to provide you with services (including processing payments for use of the Service). Disclosure to the processing of this information is (a) required by law, regulation or legal process; (b) appropriate to detect, prevent or correct violations of these Terms, fraud, security or technical issues; or (c) to protect Perwatch, other Users or the public. If Perwatch becomes involved in a change of control through the sale of assets or otherwise in the management of a majority stake, we will give notice before your personally identifiable information is transferred or becomes subject to a different privacy policy.

8. User content

You agree that you are solely responsible for any information, data, text, audio, photos, graphics, videos, software, or other material ("User Content") posted, posted or displayed by you or your users on or through the service. Perwatch does not claim ownership or control over any User Content. By posting or displaying User Content on or through the Service, you grant Perwatch a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce and adapt such User Content in order to "provide the service to you".

As a condition of using the Service, you agree not to use the Service in any way to infringe the intellectual property rights, privacy rights, or illegal actions of others. You represent that you have the right to grant or that any right holder, including moral rights, in such content completely and effectively waives all such rights and grants you the right to grant the above-mentioned license in a valid and irrevocable manner. Therefore, in order to use the service, you must obtain the consent of all users from whom you collect data. If you post user content in any public area of the service, you also allow any user to access, display, store and reproduce such user Content for personal use. Subject to the foregoing, the owner of such user Content placed on the Service reserves all rights to be found in such user Content.

Perwatch may review or reject user Content if it detects a suspicious action or suspicious situation, or receives a notice on this matter. Perwatch reserves the right to disable users' use and further access to the services for violating these terms or applicable laws, rules or regulations. If Perwatch believes that such User Content may create liability for Perwatch or harm Perwatch's public image or business, Perwatch may take any action regarding User Content it deems necessary or appropriate in its sole discretion. It is Perwatch's policy to terminate the accounts of users who repeatedly violate the copyrights or other intellectual property rights of others.

Any profile you post must accurately identify you as an individual person or an agency or organization for which you are authorized to create a profile. Profiles derived from User Content may be made available through the Service. Perwatch makes no representations regarding the accuracy or validity of such derived profiles, which may differ materially from User Content.

9. Intellectual Property Rights

Trademarks

The trademarks, trade names, trade dress, logos and service marks (collectively "Trademarks") displayed on www.Perwatch.com are registered and/or registered by Vault Unified (Vault informatics) LTD or owned by or third parties. are unregistered Trademarks. Trademarks Displayed. Nothing on this Web site or these terms of service means anything to you, indirectly or otherwise, to Vault Unified LLC. or other third parties without the written consent of any Trademark displayed on this Website.

Site content and copyright

Text, Trademarks, logos, images, graphics, photographs, video files, application functionality or other digital media and their arrangement on this Website ("Website Content") are subject to patents, copyrights, trademarks and other intellectual property. Website Content may not be copied for commercial use or redistribution, or modified, processed or republished on other websites. Access and use of this Website is solely for your purchase of our services or for personal use, information, training and communication with Vault Unified LLC or www.Perwatch.com. You may download, copy or print the Website Content of this Website for your personal, non-commercial use only. No right, title or interest in any Website Content of this Website is transferred to you as a result of downloading, copying, printing or using this Website. All rights not expressly granted to you by these Terms are reserved by Vault Unified LLC.

Identity of agent who will receive notice of alleged copyright or trademark infringement

If you believe that your copyrighted work or trademark has been uploaded, posted or copied to the service and is accessible in a way that constitutes copyright or trademark infringement, please contact Perwatch by email at [email protected] or by regular mail at:

12. Disclaimer

YOU EXPRESSLY ACKNOWLEDGE THAT THE DECISION TO USE THE SERVICE IS ENTIRELY UP TO YOU. PERWATCH DOES NOT WARRANT THAT THE SERVICE WILL MEET ALL YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED AND ERROR-FREE, OR THAT ALL DEFECTS IN THE SERVICE WILL BE CORRECTED. SUCH AS THIS, YOU SHOULD NOT FOR ANY REASON MAKE A ROLE MORE THAN IT IS SERVICE SPECIFIC. THE SERVICE AND EVERYTHING RELATED TO THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND HEREIN IS PROVIDED WITHOUT ANY CONDITIONS AND DISCLAIMER OF PERWATCH, THE SERVICE AND ANY RELATED TO THESE DISCLAIMER.

13. Privacy and cybersecurity compensation

You acknowledge that the Perwatch Services and Platform are used by a business entity to process the information and Personal Data you provide to perwatch, either individually or as a business entity, under these Terms, and you are appointed as a data processor for the purposes of these Terms. Perwatch is designated as the data Processor as defined by the General Data Protection Regulation (EU) 2016/679 ("GDPR") of the European Parliament and Council. You also accept and confirm your obligations as data Controller (responsible) under the Personal Data Processing Addendum set forth below.

For all Personal Data you collect through the application on the platform and process or store through the services, to the fullest extent permitted by law, Perwatch, its affiliates and their related employees, directors, trustees, shareholders, employees and representatives will arise due to your misuse of the data you hold or collect. You will be compensated for the damages. In any Indemnity liability to us due to this misuse, the liability to the party to which the damage is indemnified against all damages and liabilities or third party claims, loss, cost, damage or expense of any kind and nature (including without limitation, penalties) laws, regulations, rules of any regulatory authority, court costs, expenses and reasonable attorneys' fees) to the extent arising from privacy and cybersecurity requirements, including but not limited to non-compliance with Articles 5 to 21, and Articles 32 to 37 of the GDPR or in whole or in part You assume all liability for any breach or non-compliance of this Agreement or for any negligence, negligence, gross negligence or willful misconduct by you or any of you.

14. Limitation of liability

PERWATCH SHALL NOT BE LIABLE TO YOU OR THIRD PARTIES FOR ANY LOSS OR DAMAGES BY THE SERVICE OR THE INFORMATION CONTAINED IN THE SERVICE. YOU WAIVE ANY OR MORE CLAIMS AGAINST PERWATCH ARISING FROM PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE. YOU SPECIFICALLY DISCLAIM ANY CLAIMS AGAINST PERWATCH DUE TO WRONG INFORMATION CONTENT DISPLAYED BY THE SERVICE OR CONTENT CHANGES MADE BY YOU. Perwatch cannot be held directly, indirectly, private, incidental or indirect damage, based on any other use of the service or a low performance/speed, even if Perwatch is informed of the possibility of such damage, even if the service is not used, even if the service is informed of the use of the service, DAMAGES ARISING FROM LOST PROFITS, DATA, BUSINESS INTERRUPTION OR OTHER COMMERCIAL DAMAGES OR DAMAGES ARISING FROM. IN NO EVENT SHALL PERWATCH'S TOTAL LIABILITY FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR PERWATCH FOR 365 DAYS. IN SUCH CASES, PERWATCH RECEIVES A WRITTEN NOTIFICATION OF THE REQUEST FROM YOU AND PROCESSING THE REQUEST. THE ABOVE LIMITATIONS SHALL APPLY EVEN IF REMEDIES APPLIED BY PERWATCH ARE NOT ENOUGH.

15. Allowing electronic communication

You communicate by registering to use the Service or Platform, or by sending us emails, faxes, push notifications, or text or voice messages. By doing so, you expressly agree to receive communications from us electronically, pre-recorded or auto-translated ("Digital Tools"), by email, fax, telephone, push notification, or voice or text message. We will communicate with you via the Digital Ways noted above or by posting notices on the Services or Platform. You agree that all agreements, notices, disclosures and other communications we provide to you electronically meet any legal requirement that such communications be in writing. For Services and Platform integrated with a mobile function, your carrier's regular messaging; data and other rates and fees will still apply.

16. International users allow cross-border transfer of personal information

For Perwatch users located outside the European Region and the USA, you acknowledge and expressly consent to Perwatch's use of your Personal Data and further acknowledge that Perwatch's processing of Personal Data is necessary to perform the Services or use the Platform. Therefore, in some cases, your data may be kept outside of your country and will be accessible in certain legal situations by the legal practitioners of the country where the data is held. By providing us with your Personal Data, you consent to our use of your information in accordance with these Terms, including the transfer of your information across international borders to jurisdictions anywhere in the world as permitted by local law.

17. Infringement and Inalienability

These Terms do not constitute a grant or intent or commitment to grant You any right, title or interest in the Service or Perwatch's trade secrets. You may not sell or transfer any part of the Service to any third party. You will not indicate that the service comes from any source other than Perwatch. These Terms are specific to you. You will not assign or otherwise exercise any right or liability under these Terms.

18. Miscellaneous provisions

• Choice of justice. Regardless of the place of execution, delivery, performance or any other aspect of these Terms, these Terms and all rights of the parties under these Terms will be governed, construed and enforced in accordance with the following procedural and substantive law.
• Jurisdiction. You consent to personal jurisdiction within Turkey in the courts of the province of Istanbul and agree that any action arising under these Terms will be brought and pursued exclusively in such courts.
• General Compensation. These Terms and Conditions apply to Perwatch and (as applicable) its affiliates, affiliates, and Perwatch and their respective employees, directors, agents and employees from any and all claims, demands, actions, losses and damages (including actual Reasonable attorneys' fees). You will be liable for your violation or violation of any law or the rights of any third party.
• Attorney's Fees and Costs. In the event of a dispute arising out of or relating to these Terms, Perwatch shall have the right to collect from You reasonable attorneys' fees and costs and necessary expenses.
• Severability. If a court finds that any provision of these Terms is invalid or unenforceable, the remainder of these Terms will be interpreted to best affect the intent of the parties.
• Effect of Waiver. The failure to exercise any right provided in these Terms does not constitute a waiver of previous or subsequent rights.

19. Suggestions and feedback

Perwatch welcomes feedback or questions about the Service. If you choose to provide Perwatch with any feedback or comments of any nature, all feedback and comments will be Perwatch's sole and exclusive property and Perwatch shall have the right to use such feedback in any form and for any purpose at its sole discretion; and therefore, there will be no fee, compensation or attribution requirement to you.

20. Refund policy

You can cancel your account at any time from your organization page or by sending an email to [email protected] with "Cancel" in the subject line. We will then be happy to provide further instructions on how to cancel your account if necessary. No refunds will be made except in special circumstances deemed necessary by our support team.

21. Legal notice

Perwatch may change these Terms or any additional terms, and such changes will be effective and binding upon notification by Perwatch via email to the email account provided by You when You register for the Service. If you do not agree to any modification of these Terms, you must stop using the Service.

Communications made via Perwatch's website or any e-mail or communication links provided herein shall not be considered and processed as a legal notice in any way. The user will only be able to make legal notices and requests as stipulated by local laws.

You can report to Perwatch at:

22. Minimum age of users

All Users of the Perwatch Service must be at least 18 years old and above the legal age of majority in your Jurisdiction (if over 18). By using the Service, you represent that you are over 18 years of age and a competent legal adult in your jurisdiction.