Hizmet Şartları

Son güncelleme: 21 Ekim 2024

İçindekiler

Giriş

Bu Hizmet Şartları Sözleşmesi ("Sözleşme"), İngiltere ve Galler'de 14863498 şirket numarası altında kayıtlı, kayıtlı ofisi 71-75 Shelton Street, Covent Garden, Londra, WC2H 9JQ, Birleşik Krallık adresinde bulunan Mars AI Technology Solutions Limited ("MarsAI", "Biz", "Bize", "Bizim") ile MarsAI tarafından sağlanan Hizmetleri sipariş eden ve/veya kullanan kişi veya kuruluş ("Müşteri", "Siz", "Sizin") arasında yasal olarak bağlayıcı bir sözleşmedir. BİR HESAP OLUŞTURARAK, HERHANGİ BİR HİZMET SİPARİŞ EDEREK VEYA HİZMETLERİ KULLANARAK, BU SÖZLEŞMENİN TÜM ŞART VE KOŞULLARINI, GİZLİLİK POLİTİKAMIZI VE KABUL EDİLEBİLİR KULLANIM POLİTİKAMIZI OKUDUĞUNUZU, ANLADIĞINIZI VE BUNLARA BAĞLI KALMAYI KABUL ETTİĞİNİZİ ONAYLARSINIZ.

1. Tanımlar ve Yorumlama

1.1. In this Agreement, the following terms shall have the following meanings:

Acceptable Use Policy (AUP): The policy governing the use of the Services, which forms an integral part of this Agreement.
Agreement: This Terms of Service document, including the Privacy Policy, AUP, and any other referenced policies or schedules.
AI Services: Services that utilise artificial intelligence models to generate content, analyse data, or perform other AI-related tasks as offered by MarsAI.
Client Content: All data, text, software, code, images, video, files, information, and other materials uploaded, stored, processed, or transmitted by You on or through the Services.
Confidential Information: All non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential.
Data Protection Legislation: The UK GDPR, the Data Protection Act 2018, and other applicable UK data protection or privacy legislation.
Fees: The charges payable by You for the provision of the Services, as set out on Our Website or in a specific quote.
Intellectual Property Rights: Patents, copyrights, trademarks, designs, database rights, know‑how and all similar rights worldwide, whether registered or unregistered.
Services: The products and services provided by MarsAI, including but not limited to Dedicated Server, VPS, Shared Hosting, Domain Name Registration, Corporate Email, AI Services, and any related support or professional services.
Service Level Agreement (SLA): The document defining the performance metrics (e.g., uptime) that MarsAI commits to for specific Services.
Term: The initial and any subsequent renewal period for which Services are provided.
Website: https://www.marsai.eu

2. Hizmetlerin Sağlanması

2.1. Service Description: MarsAI agrees to provide the Services ordered by the Client subject to the terms of this Agreement. We will use reasonable endeavours to provide the Services on a constant, uninterrupted basis, subject to planned maintenance and emergency repairs.

2.2. Service-Specific Terms:

a) Shared Hosting & VPS: Resources (CPU, RAM, I/O) are subject to defined limits and an AUP. Unless specified as a "Managed" service, You are solely responsible for OS/app management, security and maintenance.
b) Dedicated Servers: Hardware remains MarsAI property; faulty components are replaced per SLA. You are responsible for all software and data.
c) Domain Name Registration: Subject to ICANN and registry policies (e.g., Nominet). Accurate WHOIS and timely renewal are Your responsibility.
d) Corporate Email: Storage and sending limits apply; unsolicited bulk email (spam) is prohibited under our AUP.

2.3. AI Services:

a) Input and Output: You are responsible for all data and prompts ("Input"). Subject to this Agreement, you own the output based on your Input ("Output"). You grant MarsAI a worldwide, non‑exclusive, royalty‑free licence to use Input/Output as necessary to provide and maintain the Services.
b) Accuracy Disclaimer: AI may produce incorrect Output; You must evaluate accuracy appropriately, including human review.
c) Usage and Restrictions: You will not use AI Services in violation of the AUP or applicable laws. MarsAI follows UK principles of safety, transparency, fairness, accountability, and contestability.

2.4. Changes to Services: MarsAI may modify, suspend, or discontinue Services; material adverse changes will be notified at least thirty (30) days in advance.

3. Müşteri Yükümlülükleri

3.1. Account Security: You are responsible for credentials and all activities under Your account; notify MarsAI of unauthorised use.
3.2. Compliance with Laws: Use the Services in compliance with applicable laws, including Data Protection Legislation and the Online Safety Act 2023.
3.3. Client Content and Backups: You are solely responsible for content and regular backups. MarsAI is not liable for data loss.

4. Ücretler, Ödeme ve Süre

4.1. Fees: Fees are due in advance and non‑refundable except as expressly provided.
4.2. Invoicing and Payment: Invoices are sent to Your registered email and must be paid within thirty (30) days; late payments may incur interest at 4% above the Bank of England base rate.
4.3. Suspension for Non‑Payment: If overdue by more than three (3) days, Services may be suspended until all amounts are paid.
4.4. Termination for Non‑Payment: If unpaid for thirty (30) days after due date, MarsAI may terminate and permanently delete Client Content.
4.5. Term and Renewal: Initial Term is selected at order; auto‑renews unless terminated per Section 12.

5. Fikri Mülkiyet

5.1. MarsAI IP: All IP rights in the Services, Website and underlying technology remain with MarsAI or its licensors.

5.2. Client Content IP: You retain all IP in Your Client Content and grant MarsAI a limited licence to host, copy, transmit and display it to provide the Services.

6. Veri Koruma

6.1. Roles of the Parties: You are the Data Controller and MarsAI is the Data Processor for personal data in Client Content.

6.2. MarsAI's Obligations as Processor:

Process only on documented instructions; ensure confidentiality; implement appropriate security (UK GDPR Art. 32); assist with data subject requests (at Your cost); notify without undue delay of breaches; delete/return personal data at end of Services; provide information to demonstrate compliance.

6.3. Client's Obligations as Controller: You warrant necessary consents and notices for lawful transfer of personal data to MarsAI.

7. Kabul Edilebilir Kullanım Politikası (AUP)

Unlawful use is prohibited. Illegal content (e.g., child sexual abuse, terrorism, extreme pornography, inciting violence, fraud, illegal drugs/weapons), harmful content under the Online Safety Act (e.g., encouraging self‑harm), IP infringement, spam, and system/network abuse are strictly prohibited.
Violations may result in immediate suspension or termination without refund and may be reported to law enforcement.

8. Garantiler ve Feragatnameler

Each party has legal power and authority to enter into this Agreement.
If You are a consumer under the Consumer Rights Act 2015, Your statutory rights apply.
Except as expressly stated, Services are provided "as is" and "as available" without warranties; no guarantee of uninterrupted, error‑free, or completely secure operation.

9. Sorumluluk Sınırlaması

Subject to UCTA reasonableness.
No limitation for death/personal injury due to negligence, fraud/fraudulent misrepresentation, or other non‑excludable liability.
No liability for indirect/consequential losses, including profit, business, contracts, savings, goodwill, or data loss/corruption.
Aggregate liability capped at Fees paid in the twelve (12) months preceding the claim.

10. Tazminat

You agree to indemnify and hold harmless MarsAI and affiliates from claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising from Your use of the Services, Your Client Content, Your breach of this Agreement (including the AUP), or violation of law/third‑party rights.

11. Fesih

For cause: material breach not cured within thirty (30) days of written notice; insolvency.
For convenience: at least thirty (30) days' written notice prior to the end of the then‑current Term.
Effects: Rights cease; unpaid invoices become immediately due; MarsAI may delete Client Content unless legally prohibited.

12. Genel Hükümler

Governing Law and Jurisdiction: England and Wales law; exclusive jurisdiction of the courts of England and Wales.
Force Majeure: No liability for delays/failures due to events beyond reasonable control.
Entire Agreement: This Agreement supersedes prior agreements and understandings.
Assignment: You may not assign without MarsAI’s prior written consent.
Notices: Written notices to registered office or primary email; emails deemed received upon transmission.
Severability: Invalid/unenforceable provisions modified to minimum extent or deleted; remainder continues in force.
No Waiver: Failure or delay to exercise rights is not a waiver.

İletişim Bilgileri

Mars AI Technology Solutions Limited
71-75 Shelton Street, Covent Garden
London, WC2H 9JQ
United Kingdom
Website: https://www.marsai.eu
Email: info@marsai.eu