These Terms of Service (Terms) govern your (You will be referred to as You) access to and use of our (Co-one OÜ, will be referred to as CO-ONE) services, including our various websites, APIs, email notifications, IOS & Android application, buttons, widgets, and commerce services. The parties to the Agreement (hereinafter Party or Parties).Please read these Terms carefully and contact us if you have any questions.
2. Eligibility and Age Requirements
You may use CO-ONE only if you can legally form a binding contract with CO-ONE, and only in compliance with these Terms and all applicable laws. When you create your account, you must provide us with accurate and complete information. Additionally, any use or access by anyone under the age of 18 is not allowed.
We might require you to submit legal documents showing that you are a legal representative of your firm prior to conducting business.
There will be no personal data in the data sets to be submitted to CO-ONE for data annotation; otherwise, You accept that all necessary obligations (under the applicable privacy regulations such as GDPR, HIPAA, etc.) regarding the processing of the said personal data, including the explicit consent and disclosure obligation, have been fulfilled. You undertake that the data it transmits to CO-ONE is transmitted following the laws on personal data protection such as GDPR and other personal data.
The parties shall accept that all information they will obtain under this contract or during the execution of this contract are in the nature of trade secrets and confidential information and will not disclose them to third parties in any way whatsoever, use them for purposes other than the purposes of this contract and keep them confidential.
The Parties shall never, directly or indirectly (through its affiliated companies, subsidiaries, related persons, or otherwise) disclose the confidential information and trade secrets of the Disclosing Party, for any purpose other than the service to be provided under this contract (if jointly decided). undertakes not to use it in any way. The parties agree not to disclose, give, transfer or assign, sell or allow them to be used in any other way, not to make copies of them, not to display them, not to publish them, to keep them by taking all necessary precautions, to prevent third parties from accessing them in any form and by any means. Parties accept, undertake, and guarantee that they will disclose the Confidential Information and Trade Secrets provided only to its personnel who are required to know this information, and that it will ensure that these persons comply with the responsibilities set forth in this contract and that the disclosed party will be jointly and severally liable with these persons in case of violation.
The confidentiality obligation regulated in this article will remain in effect indefinitely after the termination of the contract.
The Parties agree that all documents, drawings, designs, models, or other information in written or material format shall remain the property of the Disclosing Party.
Neither party shall reproduce or copy documents containing Confidential Information without the prior written consent of the disclosing party. The Parties agree to return and destroy the Confidential Information provided to them, together with copies, reproductions, abstracts, or derivatives, within 30 (thirty) days upon the written request of the disclosing party.
Confidentiality provisions will not apply to any part of the information that includes any of the following:
a) Previously held information without the obligation to keep it confidential,
b) Information that has become public without the fault of one of the parties,
c) Information that must be disclosed in accordance with the relevant legislation, court decision or administrative orders of authorized official institutions,
d) Statistical information that will only be used to improve performance by anonymizing the data,
e) Sharing the necessary data for the completion of the work with 3rd parties that annotate data whose data annotation activities are carried out on the software belonging to Co-One within the scope of this contract.
5. Intellectual Property
CO-ONE own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the prior written consent of CO-ONE or the owner of the mark, as appropriate, is strictly prohibited.
CO-ONE will be able to use your brand and logo in its written and visual commodities as a service reference due to this service performance.
The parties will take all necessary steps and measures to maintain and protect each other's intellectual property rights and will stop any action and transaction that may harm these rights.
If the parties learn that the intellectual property rights of the other party have been violated, they will immediately notify the other party and support them in taking steps to protect their rights in this respect.
For any Services which allow you to use any software, content, or other materials owned or licensed by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific Services, and any related software, content, or other materials for your personal, non-commercial use only.
Subject to these Terms, CO-ONE grants you a personal, non-exclusive, non-transferable, revocable license to access and use the service, including a reasonable number of copies of any content, materials, or software provided by CO-ONE.
7. User Accounts
By creating an account for use of the Service, you warrant that all the information provided by you for registration is true and accurate. You also agree not to misrepresent your identity by registering an account in the name of another person.
As a registered user of the Service, you must not sell or otherwise transfer your account credentials (i.e. your username and password) to any third party. You acknowledge that you are solely responsible for maintaining the confidentiality and security of your user account credentials. We are not responsible for any losses arising from the unauthorized use of your account. If you suspect that your account has been compromised, please contact us at the applicable email address specified in section “Contact” below.
8. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You must not do any act that we would deem to be inappropriate, unlawful or that is prohibited by any laws applicable to our website, including but not limited to:
· any act that would constitute a breach of privacy (including uploading private or personal information without an individual's consent) or any other legal rights of individuals;
· any act that violates any applicable national or international law or regulation;
· for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
· transmit, or procure the sending of, any advertising or promotional material, including any 'junk mail', 'chain letter,' 'spam,' or any other similar solicitation;
· defame or libel, or to impersonate or attempt to impersonate, Company, a Company employee, another user, or any other person or entity;
· posting or transmitting any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;
· any act that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; and
· engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
· use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real time activities through Service;
· use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service;
· use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent;
· use any device, software, or routine that interferes with the proper working of Service;
· upload files that contain viruses that may cause damage to our property or the property of other individuals, or introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
· attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service;
· attack Service via a denial-of-service attack or a distributed denial-of-service attack;
· take any action that may damage or falsify Company rating; and
· otherwise attempt to interfere with the proper working of Service.
The service fee for the CO-ONEs service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the payment date. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. For the purposes of those subscriptions, a month constitutes 30 calendar days, a year constitutes 365 calendar days. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month.
We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register.
To use the CO-ONE service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts.
If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
You can cancel your CO-ONE membership at any time, and you will continue to have access to the CO-ONE service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused CO-ONE content.
CO-ONE may from time to time offer special promotional offers, plans or memberships. CO-ONE reserve the right to revoke an offer and put your account on hold in the event that we determine you are not eligible.
The service price will be based on your preferred subscription method (annual, project-based, etc.). If or when your preferred subscription method is completed, as in duration or filling the subscription quotas, or you do not purchase a subscription method prices mentioned in Data Annotation Services Costs Table will be charged.
CO-ONE, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle or after filling the subscription quotas. CO-ONE will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
11. Data Annotation
The data sets you share with CO-ONE are in compliance with all legal regulations, laws, and regulations. If the data sets you provided do not comply with the legal legislation, all criminal, legal, material, and moral damages that CO-ONE will suffer will be immediately recourse to You and all of these damages will be covered by You. All legal and penal responsibilities that have arisen or will arise belong exclusively to You. CO-ONE has no obligation to audit the data sets to check whether they comply with the legal regulations, considering the nature of the contract.
You exempt CO-ONE from all kinds of claims and demands (including litigation costs and attorney fees) especially the Intellectual Property and Personal Data Protection Law requests, regarding the data sets You submitted.
Within 15 working days from the date of delivery of the data, you are obliged to check the data regarding whether it complies with the data annotation criteria. Within this period, you will (i) accept the product in writing or (ii) reject it by giving feedback with a detailed list of defects. You can reject the work only because of faults or inconsistencies regarding the work done. In case the data contains defects and/or inconsistencies, CO-ONE will correct the incompatibilities and deliver them to You within a reasonable time. If you make no such objection within 15 working days, parties accept that the data annotation has an accuracy rate of over 90% and is in compliance with the terms of the contract.
You acknowledge that CO-ONE will be able to get help from 3rd parties regarding data annotation processes within the scope of the service to be performed under this contract.
If CO-ONE performs its service with the efficiency stipulated in the contract, you might be asked to write a letter of goodwill to CO-ONE. The layout of this letter of goodwill to be written will be agreed upon between the parties. CO-ONE will be able to share this written letter of goodwill in a way that will not harm your rights.
The parties can make social media announcements regarding the cooperation and use the logos in their promotional materials.
12. User Generated Content
While we expect all users to comply with all user-generated content requirements, we are under no obligation to monitor and review user-generated content for compliance. However, if we see a content that violates these rules, or if we simply deem the content inappropriate for the Services, we may, in our sole discretion, remove or edit the content without notifying you in advance, or we may terminate your ability to submit User-Generated Content.
Your user-generated content is all yours, yet by making the user-generated content you award us a never-ending, completely settled up, non-exclusive, sublicensable, permanent, and royalty-free permit to utilize, imitate, send, print, copy, index, comment on, modify, adapt, translate, create derivative works of, freely perform, make accessible and in any case exploit such user-generated content, in entire or partially, all media and channels presently known or in the future contrived, in quite a few adapt and unbounded as to time, way and recurrence of purpose, minus any additional notice to you, regardless of attribution, and without the prerequisite of authorization from or installment to you or some other individual or substance. This incorporates our utilization of your User Generated Content in association with any publicizing, social media websites, applications, or on our websites or in any other commercial manner.
13. Disclaimer of Warranties and Conditions
Our Service and all content on CO-ONE is provided on an 'as is' basis without warranty of any kind, whether express or implied.
CO-ONE specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of the course of dealing or usage of trade.
14. Limitation of Liability
The use of the CO-ONE is at your own risk. By using our services you agree that CO-ONE, its directors, employees, agents representatives, partners, and licensors, liability is limited to the maximum extent permissible in your country of residence.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by CO-ONE. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that CO-ONE will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services. Please read the terms of service and privacy policies of any third-party websites or services that you visit.
Indemnification. You will defend, indemnify and hold CO-ONE, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through the use of the Service.
Claims. You agree that any action arising out of or related to CO-ONE must commence within one year after the cause of action.
Supplemental Terms. In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
No Waiver. The failure of CO-ONE to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CO-ONE because of these Terms or your access to and use of the Services.
Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and CO-ONE and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the Republic of Turkey excluding its conflict of law provisions. You agree that any judicial proceedings will be brought in, and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in İstanbul, Turkey