“KinderGarten In App” Mobil App Terms and Conditions

1. Definitions

As the developers of the “KinderGarten In App” Mobile Application, we respect and attach importance to the privacy of personal data. In this context, we would like to inform and enlighten you within the scope of CCPA, GDPR and other relevant legislation. The user must know what to pay attention to when using the application, what the user may encounter in case of breach of contract and what his responsibilities are, and therefore understand/accept the terms of use. Terms used in this Agreement have the following meanings:

1.1. Service Provider – ABOS YAZILIM LLC. , registered office based on Mugla/Turkey. It is registered with the Muğla Chamber of Commerce with the number 0003151626000001. Registered with Data Universal Numbering System (D.U.N.S.) with the number 751130250. e-mail address: info@kindergarten-in-app.com

1.2. Application – the software provided by the Service Provider for the User’s Device, the purpose of which is to provide Users with information about the services offered by the Institutions and to enable communication between Users and the Institution. Application also means the website operated by the Service Provider: https://www.kindergarten-in-app.com;

1.3. Institution – a care and education facility attended by a Child, which provides the User with information and materials regarding the activities of the facility through the Application;

1.4. User – Institution administrators who purchased the application, Institution Personnel and parents whose child goes to an institution (mother, father and others);

1.5. Child – a minor whose legal or de facto guardian is the User;

1.6. Account – an individual User account in the Application that enables the use of the Application’s functions and which the User can access using an individual username and password;

1.7. Regulations for Organizations – Regulations under which the Service Provider grants the Organization a license to use the Application for the specified period, in return for the specified fee.;

1.8. Form – The electronic form available on the App and used to create an Account on the App;

1.9. Services – services provided electronically by the Service Provider;

1.10. Agreement – the contract concluded between the Service Provider and the User for along subscription for the provision of Services according to the terms specified in the Regulations, at the moment of creating an Account in the Application and ticking the appropriate checkbox, which contains the User’s declaration of acceptance and having read the Application Regulations;

1.11. Fees – Fees to be paid by the Institution to the Service Provider for the use of the Application in accordance with the prices specified in the Organizations Regulation or other valid price lists.;

1.12. User’s Device – an electronic device through which the User accesses the Application;

1.13. GDPR – “General Data Protection Regulation”. This Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data;

1.14. CCPA – “California Consumer Privacy Act” focuses on consumer rights regarding the collection and use of personal or private data;

2. General Terms

2.1. The Regulations define the conditions for the use of the App.

2.2. All persons using the Application can read the Regulations, available at any time, without paying any fee, in the App Store (for iOS) and Google Play (for Android), directly in the Application and on the relevant websites of the Service Provider. (http://kindergarteninapp.com)

2.3. The User is obliged to read the Regulations before downloading and installing the Application.

2.5. Creating an Account in the Application and ticking the appropriate checkbox containing the declaration of acceptance by the User and reading the Regulations is equivalent to entering into a Service Agreement with the Service Provider.

2.6. The contact information through which Users can quickly and effectively contact the Service Provider is as follows:

2.6.1. email address: info@kindergarten-in-app.com;

3. Use of the Application

3.1. To use the Service, it is necessary to connect the User’s Device to the Internet. Internet connection costs are billed to the User in accordance with the User’s agreements with the telecommunications operator.

3.2. The Service Provider agrees to download and install the Application only from the Google Play or App Store online stores in accordance with the terms and conditions of the regulations set out therein. The application can also be used on the website operated by the Service Provider at https://www.kindergarten-in-app.com.

3.3. Downloading or installing the Application from sources other than those specified above constitutes a violation of the Agreement according to Article 3.2. and gives the Service Provider the right to terminate the Agreement in accordance with the conditions specified above.

3.4. Data transfer costs required for downloading, installing, running and using the application are borne by the User based on agreements made with telecommunication operators or other Internet providers. The Service Provider is not responsible for the amount of fees charged for the use of data transmission required to use the Application.

3.5. Within the scope of the application, the Service Provider enables the User to communicate between the Institution and the User, especially on the following issues:

3.5.1. Notification of the child’s absence by the User;

3.5.2. Information about the existence of the child;

3.5.3. Information about the child’s sleep duration;

3.5.4. Planning changes to the child’s meals;

3.5.5. Curriculum, announcements, events, messages, documents and notes offered by the institution;

3.5.6. User accounts related to the child’s participation in the Institution;

3.5.7. Receiving photographs, videos and other materials related to the Child or Facility from the Institution.

3.6. The Service Provider may provide the User with updates, upgrades or additional services related to the Application. Certain updates, upgrades or services may change your current settings, cause loss of data or content, or cause you to be unable to use certain features of the App.

3.7. Service Providers or Institutions may, at their sole discretion, grant Users different access rights to individual modules or information contained in the Application.

3.8. The User may uninstall the Application from his/her Device at any time.

3.9. The User is responsible for protecting the username and password of the Application against unauthorized access. The consequences of improper data security are the responsibility of the User.

4. Creating an Account in the Application

4.1. Account login information (username, password) is created by the Institution officials in line with the personal data about himself and his child shared by the user when registering with the Institution and shared with the user.

4.2. Providing personal data is optional but necessary to create an Account on the Application.

4.3. The account becomes active after the User logs into the Application and confirms the User Agreement.

4.4. After starting to use the application, the User has the right to review and correct which personal data of himself and his Child are processed in the relevant modules and to request their removal to the extent permitted by the relevant legislation. Deletion of personal data may also result in the deletion of the User Account in the Application.

4.5. The Service Provider reserves the right to refuse to create an Account in the Application for the Institution that already has an Account, to delete the Account of a User who uses the application contrary to the principles of “social coexistence” and to delete the Account of a User who exposes the Service Provider.

4.6. For users who use our application because their child or guardianship goes to an institution that uses our application, Institution officials can create 3 separate accounts for each child (mother, father and other accounts). The User does not have the right to register for the Application more than once. The User Account cannot be transferred to another User.

4.7. The User cannot share his Account in the Application with third parties.

5. Conditions for providing the service electronically

5.1. The application is available to all mobile device users who meet the technical requirements specified below, download the application from the appropriate store and run it properly on the device.

5.2. The device on which the application will be run must meet the following technical requirements:

5.2.1. Regarding the operating system (if you are using the mobile version of the App):

5.2.1.1. For the version of the application downloaded from the App Store – iOS version min. 13.4,

5.2.1.2. For the version of the app downloaded from Google Play – Android version min. 8.0

5.2.2. If you are using the web version of the application (Institutions Only):

5.2.2.1. providing access to the internet;

5.2.2.2. Have a web browser (e.g. Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari) installed in the latest stable version provided by the manufacturer;

5.3. The application works in online mode, that is, when Internet access is enabled on the User’s Device.

5.4. When using the Application, the User is prohibited from submitting illegal content that violates the personal rights or copyrights of third parties or in any way violates valid social and moral norms, as well as the principles of social coexistence on the Internet (netiquette). In particular, the following are prohibited:

5.4.1. Publication and use of others’ personal data and images without a proper basis;

5.4.2. posting content that is vulgar, abusive or generally considered offensive;

5.4.3. promote totalitarian regimes and their associated symbols, promote hatred or commit crimes;

5.4.4. distribute malware;

5.4.5. publish content that encourages the use of drugs, psychoactive substances, alcohol abuse or gambling, as well as other prohibited behaviours;

5.4.6. publishing content that infringes the intellectual property rights of third parties;

5.4.7. activity that bears the hallmarks of an act of unfair competition or an unfair market practice, as well as activity that constitutes spam;

5.4.8. Regulations regarding reverse engineering of the use of decompiling, disassembling, decrypting, translation, adapting the Application and other methods of discovering the source code or interfering with the foregoing;

5.4.9. Interrupt, impede, overburden, slow down or impede the normal operation of all or part of the Application;

5.4.10. Posting content that damages the good name or reputation of the Service Provider or third parties;

5.4.11. Publishing application content by creating links to websites and files.

5.5. The User is responsible for the content he shares on the Application. If the User places content on the Application that is prohibited by law or the Regulations, the Service Provider is entitled to remove this content and accordingly terminate the Agreement with immediate effect.

5.6. Any penetration testing, security testing, security breach attempt or hacker activity regarding the application is prohibited.

5.7. If the User violates any provision of the Regulations or generally applicable legal provisions, the Service Provider may take any action permitted by law, including limiting the User’s ability to use the Application and the Services provided through the Application.

5.8. In order to fulfill the requirements of the Law specified in the article, the Service Provider declares that the use of services offered electronically over the Internet involves risks. The main threat is the possibility of infecting the IT system with so-called viruses (viruses, worms and Trojans). To avoid risks associated with this, people who use the Internet are advised to install antivirus software on their Devices and update it regularly.

5.9. The Service Provider is responsible for ensuring that communication within the Application is established between the Institution and the User for informational purposes only.

6. Setup

6.1. Downloading the Application and using the Services offered through the Application is free of charge for the User, and the Services offered to the User by the Service Provider through the Application are for informational purposes. The institution the child attends is obliged to pay the Fees to the Service Provider in accordance with the terms of the contract.

6.2. Failure of the Institution to pay the Fees within 14 days after the Service Provider issues a VAT invoice in accordance with the subscription contract Fees for the User Account created for it in the Application will result in the suspension of the Service Provider from providing the Services within the Application and blocking of access. The resumption of the Services by the Service Provider and the unblocking of the User Account in the Application will be carried out within two business days from the date of sending the Fee by the Institution.

6.3. Payments of the subscription contract Fees for the User Account to be made by the Institutions to the Service Provider are made through an online payment system belonging to a third party other than the Service Provider.

6.4. By accepting the regulations regarding the provision of money transfer payment service through online payment, institutions are obliged to accept the user agreement of the organization that owns the online payment system for the payment transaction within the scope of money transfer. Failure to accept the regulations specified in the previous sentence means that Institutions will not be able to pay for the services provided by the Service Provider.

6.5. Institutions are likely to pay additional fees and commissions to the organization providing the money transfer payment service mentioned above. Institutions may be responsible for currency conversion charges incurred by online payment service providers.

6.6. The Service Provider does not charge any additional fees or commissions from the Institution or Users if the Institution uses the online payment system.

7. Responsibility

7.1. The Service Provider cannot guarantee the continuity of the full operation of the Application and cannot prevent interruptions in its provision to the User, including interruptions in the availability of the Application, which may be caused by internal factors related to the development or maintenance of the Application or by external factors over which the Service Provider has no influence. The Service Provider reserves the right to change the technical functions and content of the Application.

7.2. The Service Provider is also not responsible for:

7.2.1. User’s use of third-party personal data in the Application;

7.2.2. Data, information and materials made available through the Application by the Institution or the User (including, in particular, entries, photographs or videos containing the image or personal data of the Child, the User or third parties);

7.2.3. Interruptions in the operation of the application and the online payment system mentioned above;

7.2.4. Non-performance or improper performance of services by telecommunications operators with whom the User has concluded appropriate contracts;

7.2.5. Failure or malfunction of the application due to the User’s Device not meeting the technical requirements;

7.2.6. Possible damages and benefits incurred by the User, directly or indirectly, due to the operation, non-operation or incorrect operation of the application or the above-mentioned online payment system.

7.2.7. Damages arising from the User’s use of the Application or Device contrary to the Regulations or illegally;

7.2.8. Any consequences resulting from the capture of the User’s access data (username, password) to the Application by a third party;

7.2.9. The consequences of actions or omissions performed by the User in connection with the information obtained through the application (sharing of posts made in the application on public social media environments, etc.);

7.2.10. Interruptions in the operation of the Application caused by malfunctions in hardware, software or telecommunications connections (IT systems), the maintenance of which is not the responsibility of the Service Provider;

7.2.11. Interruptions and errors in the operation of the specified online payment system;

7.2.12. loss of data resulting from equipment failure, IT services or other circumstances beyond the Service Provider’s control;

7.2.13. Failure to provide the Services due to technical reasons caused by external service providers used by the Service Provider for the operation of the Application;

7.2.14. Suspension of Service provision by the Service Provider due to termination or termination of the Agreement.

8. Grievance Procedure

8.1. Users may report irregularities or complaints regarding any function of the Application to the Service Provider’s email address: info@kindergarten-in-app.com.

8.2. Email Complaint must include:

8.2.1. Necessary data identifying the User, including the identity of the person making the complaint, email address (password is not sent);

8.2.2. A comprehensive indicator for determining the function to which the complaint relates.

8.3. If the required information is missing, the Service Provider may request the complainant to complete this information.

8.4. During the complaint process, the Service Provider may request additional explanations, documents, or verification regarding the course of the incident subject to the complaint.

8.5. The complaint containing all necessary data will be taken into consideration within 14 days from the date of receipt by the Service Provider. The Service Provider will immediately inform the complainant via e-mail or another equivalent channel that the complaint has been taken into consideration. The Service Provider will make every effort to ensure that complaints are considered without undue delay.

8.6. If the complaint is not accepted, the User has the option of going to court to pursue any claim or using non-judicial means to address complaints and pursue possible claims permitted by law.

8.6.1. When such a situation occurs; In case of any lawsuit or prosecution against the Service Provider, Muğla Law-Enforcement courts are authorized. The user who approves the agreement is deemed to have accepted this provision. This authority is within the scope of Special Authority in accordance with Civil Code No. 6100. It should be noted that in case of pursuit in any other country, the special jurisdiction in question will be raised as the first objection.

9. Termination of Contract

9.1. Both the Service Provider and the User may terminate the Agreement under the conditions set out below.

9.2. Not under the control of the parties; If contractual obligations cannot be fulfilled by the parties due to reasons such as natural disasters, fire, explosions, civil wars, wars, riots, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages, the parties are not responsible for this. During this period, the rights and obligations of the parties arising from this agreement are suspended.

9.3. Since the Services of the Service Provider offered within the scope of the contract belong to the category of services consisting of the provision of digital content that is not recorded in a tangible medium (confirmations given by ticking the appropriate checkbox in the digital environment) and begins to be fulfilled with the express consent of the User, the User does not have the right to withdraw from the “Agreement”.

9.4. The User must be aware that if he does not give the specified consent (done by ticking the appropriate checkbox), he will not be able to use the Application. He/she is obliged to inform the Institution that he/she will not use the application and that he/she will request the deletion of his/her personal data from the application.

9.5. The Service Provider may completely or partially suspend the provision of the Services to the User or terminate the Agreement with immediate effect in the following cases:

9.5.1. Gross violation of the provisions of the regulations or generally applicable laws;

9.5.2. Providing incorrect information that may affect the performance of the Service Provider when signing the contract or during the contract period;

9.5.3. Use of material that infringes the rights of third parties for which it does not own the copyright or is not authorized to use it under a license;

9.5.4. Preventing the Service Provider from providing the Service;

9.5.4. In case of prohibited situations in Article 5.4.

9.6. In cases where the contract concluded between the Service Provider and the Institution where the Child is located, based on the Institutions Regulation, is terminated by any of the parties or the right of withdrawal is exercised, the Service Provider may fully or partially suspend the provision of Services to the User or terminate the Agreement immediately.

10. Protection of personal data

10.1. In order to carry out subscription transactions and provide the Services, the Service Provider ask personal data only from the Institution where the Child is located. Providing personal information is optional. However, refusal to provide personal data may result in the subscription and the Services not being provided properly.

10.2. Users’ personal data is not requested by the Service Provider. User data is processed by the Institution where the Child is located during the creation of the account required to use the application. There is a separate Privacy Policy provided by the Service Provider regarding the protection of personal data.

11. Legal Notice

The content and structure of the Application are protected by copyright. Reproduction of data or information, in particular the use of texts and parts thereof, as well as photographs, graphics, drawings and videos placed on the Application (including the Regulations), without any permission, except where expressly permitted by Law or the Regulations, is prohibited.

12. Validity of the regulation and changes

12.1. Unless another law is valid within the scope of mandatory law provisions, Türkiye laws will be applied in evaluating the rights and obligations of the parties arising from the Regulations.

12.2. The Service Provider reserves the right to change the Agreement at any time.

12.3. In case of a change in the regulations, delivery to the User will be made by posting it on the Application or the relevant websites of the Service Provider. It is the User’s responsibility to keep track of the changes.

12.4. If the User does not terminate the Agreement by removing the Application from the User Device after receiving information about the changes, the provisions of the changed Regulation will be binding on the User.

13. Summary and reminders

When you use our website and mobile applications, you declare that you accept the terms of the contract.

The application is a common platform used by pre-school institutions and by more than one institution independently of each other. It is not possible for institutional and/or individual use.

Service Provider has the right to store personal data so that the application can process it in accordance with its purpose. Stored data will only be shared with persons and institutions authorized for use.

Service Provider processes your personal data completely in accordance with the law, for clear, specific and legitimate purposes, in all cases to the extent permitted by the relevant legislation and, where necessary, by obtaining your consent before using the data. It is obtained by non-automatic means through forms, other printed instruments, documents, and information submitted by the relevant persons, or by automatic means through the application and/or by using websites, e-mail and other electronic media belonging to the application. Your personal data will be processed, used and shared with you within the legal framework permitted by law, so that the institution can forward the information it has entered to the right person through the Mobile Application, in order to fulfill the legal obligations of the mobile application, and in order for the mobile application to work correctly and serve its purpose.

We declare and undertake that any information and documents stored with the application will not be shared with unrelated third parties.

Service Provider has the right to change, remove or add subscription fees, application modules and features as needed.

The data, information, documents, photos and videos in the application are exclusive to students’ parents and institution staff. Parents and institutions authorized to use and view undertake not to share this data with third parties, especially on social media platforms, in case of taking screenshots of the data collected through the application, downloading it and storing data outside the application by similar means. Service Provider is not responsible for failure to fulfill the commitment.

The user undertakes to use the information, documents and other records obtained through our application in accordance with the laws of the countries where the program is used and the laws regarding the protection of personal data contained in the CCPA and GPDR content, which are also based on the contract. Service Provider is not responsible for any legal and criminal disputes it may encounter if it does not act appropriately.

Photos, videos and documents saved to the application will not remain permanently saved in the system. Photos, videos and documents in application modules are automatically deleted after a certain ‘day/week/month’. You can learn which content in which module will be deleted and after how long from the ‘Information’ section in the relevant module.

Information, documents, photos, videos and records in the application can be viewed by all staff and relevant parents. It is the responsibility of the institutional staff to share information, documents, photos, videos and records specific to the student in a way that only the relevant student can view.

Information about when all application users last used and which modules they used can be viewed and analyzed by corporate personnel.

Application users, in their activities within the application, may use any part of the application that is contrary to general morality and etiquette, contrary to applicable laws, harms all kinds of rights of third parties, misleading, offensive, obscene, does not comply with the establishment policy of the institution, does not serve the purpose of using the program, violates copyrights. agrees that they will not share content that encourages illegal activities. Otherwise, the person and persons who share, allow, or turn a blind eye to its sharing and distribution are responsible for any consequences that may occur, and if this situation is detected by our institution, institution administrators and our company may suspend or terminate the accounts indefinitely and reserve the right to initiate legal proceedings. Due to violation of this agreement, our institution reserves the right to share information regarding any activity or user accounts requested from our institution by the judicial authorities in the event of any legal proceedings or legal disputes.

All registered or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method contained in this Application belong to the application operator and owner company or the specified person and are under the protection of national and international law. Using this Application or benefiting from the services in this Application does not grant users or beneficiaries any proprietary or external rights over the application regarding the intellectual property rights in question.

Not under the control of the parties; If contractual obligations cannot be fulfilled by the parties due to reasons such as natural disasters, fire, explosions, civil wars, wars, riots, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages, the parties are not responsible. During this period, the rights and obligations of the parties arising from this agreement are suspended.

Service Provider may change the services offered in the application and the terms of this contract partially or completely at any time. Changes will be valid from the date of publication in the application (side menu). It is the user’s responsibility to keep track of changes. By continuing to benefit from the services offered, the user is deemed to have accepted these changes.

Due to disputes that may arise between the parties due to violation of this agreement; Application records, messaging records, books, records and documents, computer records and fax records of the parties will be accepted as evidence in accordance with the law, and the user agrees that he will not object to these records.

The User declares that he/she is over 18 years of age and has the legal capacity to enter into this agreement. If the user accesses the application on behalf of a business, he/she accepts and declares that he/she has the necessary authority. In this case, the rights and obligations under the user status will belong to the business in question.

The user acknowledges that using the application may be subject to restrictions, including storage space. These restrictions will be explained in detail within the application.

Subscription cannot be transferred to another person or institution, and cannot be used together with another person or institution. If such a situation is detected on our servers, the institution reserves the right to terminate the subscription without any warning. Legal action will be taken immediately regarding such unauthorized entry.

After login into the application, all users are deemed to have accepted the provisions of this agreement. If you do not accept the above provisions, you must not approve this agreement and immediately inform the institution administrator that you will not use the application and do not want your personal data to be shared in the application. Despite all this, the sharing and management of data about the person or their children who do not accept it belongs to the employees and managers of the institution.

After logging in to the application, you can view this agreement again at any time and not accept the application terms and not use the application. In this case, it is the user’s responsibility to immediately inform the institution administrator and request that the records, information and documents not be shared again and be deleted.

If one of the terms of this agreement becomes partially or completely invalid, the remainder of the agreement continues to be valid.

Within the scope of this agreement, Türkiye/Muğla Law-Enforcement courts are authorized in case of any lawsuit or prosecution against the application and/or application developers. The user who approves the agreement is deemed to have accepted this provision. This authority is within the scope of Special Authority in accordance with Civil Code No. 6100. It should be noted that in case of pursuit in any other country, the special jurisdiction in question will be raised as the first objection.

This Regulation is entered into force on June 1, 2024.