Please read carefully this agreement, which contains important information and regulations regarding your rights and obligations under the application, before approving it. By agreeing to these Terms of Use, you acknowledge having been informed about the Privacy Notice, which is available separately.
1. Parties
This Agreement has been executed by and between Doktar Teknoloji Anonim Şirketi (“Doktar”), having its registered office at Reşitpaşa Mahallesi Katar Caddesi İTÜ Arı Teknokent 3 Binası No: 4 İç Kapı No: B301 Sarıyer / İstanbul (post: 34467) with MERSIS number 0309-0343-8730-0011 on one side, and the user benefiting from Doktar’s Application, including its mobile and web-based platforms (the ‘Application’) under the conditions specified herein (the “User”) on the other side, subject to the conditions and upon the terms set forth below.
Information such as name, surname, phone number, address, e-mail pertaining to the User is as recorded in the mobile application.
For the purposes of personal data protection laws (including the EU General Data Protection Regulation (“GDPR”) where applicable and Turkish Law No. 6698 on the Protection of Personal Data (“KVKK”)), Doktar acts as the “data controller” regarding any personal data provided or collected through the Application.
2. Definitions
Services:mean any and all acts and actions specified in order to ensure that the User receives the services, of which the definitions and conditions are specified on the Application, primarily with respect to accessing satellite images of the fields as well as other linked services accessible from the Application.
Communication Channels:mean communication channels such as push notification, e-mail, sms, mms, phone notification.
User:means natural persons who become a party to this Agreement by installing the Application on their mobile device, registering with the methods specified herein and benefiting from the products and services offered by the Application. Legal entities may not be Users.
Terms:mean the policies, directions, instructions, rules and practices which are an integral part of this Agreement, included in the content of the application and/or shall be complied with by the User within the scope of the use of the Application and amended by Doktar from time to time and are available to the User over the Application.
System Access Tools:mean such information that are only known by the User such as the management page of the User's account in the Application, the username, pin, code, password which provides access to the application.
Agreement:means this Agreement and its annexes as well as the Terms.
Application:means the software service provided by Doktar Teknoloji A.Ş., including both the mobile application software running on mobile phones and tablets with iOS and/or Android operating systems, and the web-based application accessible through internet browsers on desktop.
3. Subject-Matter of the Agreement
This Agreement sets out (i) any and all products and services available in the Application and/or will be offered to the User by Doktar in the future; (ii) the conditions of benefiting from such products and services; and (iii) the mutual rights and obligations of the parties hereunder.
4. Membership
1. The User has registered to the Application through mobile or web-based platforms and accepted the terms and conditions of membership and use, as well as the Terms set forth in this Agreement and registering the necessary information to become a member.
2. In the event of any change in the information/documents provided by the User within the scope of the membership application; the User is obliged to immediately notify Doktar thereabout and to forward to Doktar all information and documents substantiating such change. Otherwise, the latest information and documents submitted within the scope of the membership application or at a later stage are considered as up-to-date and valid by Doktar. The User may not make any claims from Doktar and/or third parties under any name whatsoever, on the basis that this information are not up-to-date or accurate. In case of any breach of this notification obligation, the User shall also be liable to indemnify any and all damages which Doktar and/or third parties may suffer therefor.
3. The User shall be able to log in to the Application with his/her phone number and password upon being registered to the Application.
4. After logging into the Application and subscribing to the Application by paying the required fee, the User shall be able to make field activation and benefit from the products and services specified in the Application and which fall within his/her subscription scope. Doktar, at its sole discretion, may grant the User the right to benefit from certain services free of charge only by registration.
Where relevant, the User acknowledges that certain services, especially those requiring access to personal or field-related data, will be provided under GDPR/KVKK-compliant terms as outlined in Doktar’s separate Privacy Notice.
5. Payment and Invoicing
1. The User shall not pay any fee for subscribing to the Application and shall be able to benefit from the Services offered free of charge through the Application. However, the User agrees in advance that Doktar may require payment for certain subscription services in the future and that fees may be varied by Doktar from time to time, and in case such fees are not paid, his/her subscription may be terminated with notice.
2. The fee to be paid by the User in return for benefiting from the Services other than the free of charge Services that the User is entitled to receive as of the date of his/her subscription to the Application, shall be announced through the Application or notified otherwise. The User shall pay the said fee through in-app purchases by debit/credit card via app stores or any other payment method deemed appropriate by Doktar. The User hereby agrees in advance that the subscription fees and payments for the forthcoming periods shall be collected automatically from the credit card to be notified by the User.
3. The invoice for the payment shall be prepared according to the information provided by the User at the payment stage and shall be sent to the e-mail address notified by the User by the application distributor platform or Doktar, depending on the payment method.
6. Terms and Conditions
In addition to the information provided to the User within the scope of the Terms, the following terms and conditions shall apply.
1. The User must be at least 18 years old. Users under the age of 18 may only use the Application with the express consent of a parent or legal guardian.
2. In order to become a member of the Application, the User must not have previously been temporarily suspended from membership or his/her membership must not be indefinitely banned by Doktar.
3. Since the satellite images and field imaging service are charged for certain hectare sizes, there is an area (hectare) limit in the selection of the packages to be subscribed. This limit has been notified by Doktar to the members within the Application, and Doktar may change such limit freely from time to time. The User who wishes to receive service above such limit may request to do so by contacting Doktar.
7. User’s Rights and Obligations
1. The User has accepted to act in accordance with all the terms of this Agreement, the Terms, all applicable legislation and the principle of good faith while performing the procedures of use, benefiting from the products or services in the Application and performing any transaction related to the products or services in the Application.
2. The User is obliged to keep confidential the System Access Tools used to access the Application, whether mobile or web-based. The right to use the System Access Tools belongs exclusively to the User. However, the User agrees in advance that Doktar may require payment for certain subscription services in the future and that fees.
3. The User acknowledges and undertakes that the information and content provided thereby within the Application are accurate, up-to-date and lawful and that otherwise, (s)he shall be exclusively responsible for any damage incurred by the User or third parties.
4. The User has undertaken that the contact details provided to Doktar belongs solely to him/her and is under his/her sole control and that (s)he actively uses such contact details.
5. While using the Application, the User agrees to comply with all relevant legislation including GDPR where applicable, KVKK, Turkish Criminal Code, Turkish Commercial Code, Code of Obligations, Consumer Protection Law, Distance Contracts Regulation, Law No. 5651 on the Regulation of Broadcasts via the Internet and the Prevention of Crimes Committed through such Broadcasts, and other regulations. The User further agrees not to violate privacy, confidentiality, intellectual property, or other rights.
6. The User acknowledges that this Application and all financial and intellectual property rights regarding thereof belong exclusively to Doktar.
7. Any information and projections provided by Doktar (e.g., satellite imagery, weather, irrigation recommendations) are for advisory purposes only, and the User bears sole responsibility for decisions or actions taken based on such information. The User may not make any claims whatsoever against Doktar arising from the said practices and the information, recommendations and&or projections which are relied upon for such practices.
8. Doktar is not responsible for the content provided by third parties, (including the User), in the Application or links to third-party websites. If a competent court holds Doktar responsible for Services provided through the Application, Doktar’s total liability shall not exceed the total amount paid by the User for such Services.
9. The User shall not:
1. violate legal regulations or the rights of Doktar or other users (including privacy/confidentiality, intellectual property, and property rights),
2. distribute, disseminate or transmit viruses or technologies harmful to the Application or its users,
3. damage the Application’s software, infrastructure or system in any way,
4. use the Application with any automated login methods or for illegal purposes,
5. mislead Doktar about his/her true identity or use the Application in a way that sends spam/unlawful communications.
8. Doktar’s Rights and Obligations
1. Doktar may expand, modify, suspend or terminate any part of the Services at its sole discretion. It may delete or close information and content uploaded by the User at any time.
2. Due to various reasons, links may be given - within the Application - to some websites or content that are not under the control of Doktar. Doktar does not endorse these third-party websites or content.
3. Doktar may remove comments, messages, and content that violate the operation and general rules of the Application or general ethics, or immediately terminate the membership of the User who enters such content.
4. Doktar does not make any commitment that the services provided within the scope of the Application shall be continuously and completely active and accessible.
5. Doktar may disable any service or all services for a period of time or indefinitely. If the User has paid a subscription fee, Doktar shall refund a corresponding portion of that fee (on a pro rata basis) for the remaining period in which the service is disabled.
6. Doktar reserves the right to limit or cease access to the application for operational security, protection from malfunctions, or other necessary cases.
9. Confidentiality and Protection of Personal Data
1. The information that the Parties shall acquire/have acquired, shall give/have given to each other or shall obtain/have obtained from each other during the execution of this Agreement shall be classified as confidential information which shall not be disclosed to third parties by the Parties in any way.
2. The User gives some of his/her personal data (such as name, surname, telephone number, address or e-mail addresses) to Doktar during the membership and use of the Application. The personal information of the User is protected by Doktar in accordance with the KVKK and GDPR (where applicable), and is processed for the purposes and periods specified in the Privacy Notice. Doktar processes personal data in accordance with GDPR and KVKK based on various legal grounds, including performance of a contract, compliance with legal obligations, legitimate interests, and, where required, explicit consent. For further details, please refer to the Privacy Notice.
3. Doktar processes and stores personal data on cloud servers located in the European Union, provided by Microsoft Azure. Personal data is not transferred outside of the EEA or Turkey unless required by law or with your explicit consent, in which case appropriate safeguards (such as Standard Contractual Clauses) will be applied.
4. The “Privacy Notice on the Processing of Personal Data” (the “Privacy Notice”) is provided at the membership stage and applies to both mobile and web-based use of the Application. The User acknowledges that they have been informed of the Privacy Notice. Any explicit consent required under applicable data protection laws shall be obtained separately through the Application.
5. Doktar may use anonymized or aggregated User data (e.g., for market research or analytics), without revealing the User’s identity, in compliance with data protection laws. The User authorizes Doktar in advance to act as above, and agrees not to claim any rights due to such anonymized usage.
6. In limited circumstances, Doktar may disclose the User’s information to third parties (i) to comply with legal obligations, (ii) to fulfill this Agreement, (iii) to respond to a lawful request by administrative/judicial authorities, or (iv) to protect the rights or safety of the User or others.
7. Doktar shall not be liable if confidential information is obtained by third parties as a result of unlawful attacks on the Application or system, provided Doktar has taken necessary security measures.
8. Doktar uses telemetry and diagnostic tools within the Application to collect usage and performance data. This data may include information about how the Application is used, technical details about device interactions, and error reports. The purpose of such tracking is tomonitor the stability and performance of the Application, identify and resolve technical issues, and, improve the overall quality of services provided to Users. This data is not shared with third parties for cross-app or cross-website tracking. Data collected through telemetry is processed in accordance with GDPR and KVKK principles, is stored securely. Refusal or restriction of telemetry data may limit Doktar’s ability to diagnose issues and ensure smooth operation of the Application but will not affect the User’s fundamental ability to access core services.
10. Intellectual Property Rights
1. Doktar has granted the User a revocable, non-transferable and non-exclusive license to enter and use the Application subject to the terms of this Agreement. All intellectual and industrial property rights (including software code) are owned exclusively by Doktar.
2. All the above elements belonging to Doktar, which are protected under the Law on Intellectual and Artistic Works, may not be changed, copied, reproduced, translated into another language, republished, resold, shared, distributed, exhibited or be used for purposes other than contractual purposes under the User Agreement without the prior written consent of Doktar
3. By uploading content subject to intellectual property rights to the Application, the User grants Doktar a worldwide, perpetual, royalty-free license to use, copy, adapt, distribute, and publicly display such content in connection with providing the Services or operating the Application.
4. The User declares and undertakes that the ownership of the rights or the right to use thereof over the content submitted to be published in the Application belongs to him/her In case of any breach, the User agrees to indemnify Doktar for any damages incurred.
11. Governing Law and Jurisdiction
The implementation and interpretation of this Agreement shall be governed by the laws of the Republic of Turkey, without regard to its rules of conflicts of laws.
The User and/or Doktar have the right to access the Consumer Arbitration Committees and/or Consumer Courts with respect to the resolution of disputes arising from consumer transactions. Otherwise, the courts of Istanbul (Çağlayan Courthouse) shall have exclusive jurisdiction.
12. Application Content and Amendments of the Agreement
Doktar reserves the right, without prior notice, cease the Application (mobile or web platform) as well as to change or reorganize any service, product, terms of use, information and Terms provided in the Application and its extension. Changes are announced to the User through the channel determined by Doktar, and they become an integral part of this Agreement by entering into force at the time of publication in this channel. In the event that the User continues to use the Application for 24 (twenty-four) hours following such announcement, the User shall be deemed to have accepted the announced changes.
13. Transfer
1. The User may not partially or wholly transfer this Agreement or his/her rights and obligations thereunder to any third party without the written consent of Doktar.
2. Doktar may partially or completely transfer this Agreement or its rights and obligations thereunder to any third party without any consent of User.
14. Force Majeure
The term force majeure shall be construed as unavoidable events that occur beyond the reasonable control of Doktar and which Doktar could not prevent despite paying due care, including but not limited to natural disasters, riots, wars, strikes, attacks on the Application, Portal and system despite the adoption of necessary information security measures by Doktar.
In all cases which are considered as force majeure events, the parties are not liable for late or incomplete performance or non-performance of any of their performances specified in Agreement. In such cases, Doktar shall not be deemed to be in default or liable for compensation.
15. Evidential Agreement
The User accepts, declares and undertakes that the electronic and system records, commercial records, book records, microfilm, microfiche and computer records kept by Doktar in its database and servers shall constitute valid, binding, conclusive and exclusive evidence in case of disputes that may arise out from this Agreement, and that this clause constitutes an evidential agreement as per article 193 of the Code of Civil Procedure.
16. Enforcement and Termination of the Agreement
1. The Agreement enters into force upon the completion of the User's membership registration through the Application and remains in effect unless terminated by the User or Doktar. Upon the termination of the membership of the User for any reason whatsoever, this Agreement shall be deemed to have been automatically terminated without any further notice.
2. Doktar or the User may unilaterally terminate this Agreement at any time by notifying the other party. In the event of termination for any reason whatsoever, the membership of the User shall also automatically terminate without any further notice.
3. If the User breaches this Agreement or the Terms, Doktar may immediately terminate this Agreement. Doktar may also claim compensation for direct and indirect damages due to the breach. In this case, the User may not request the refund of the membership fees.
4. In the event that User quits membership by unilaterally terminating this Agreement for any reason whatsoever, (s)he may not request the refund of the membership fees which have paid until the date of cessation.
17. Notification Addresses
1. The address that the User has communicated to Doktar via Application or by any other method for the delivery of invoices, shall be accepted as the current notification address (address for service) in terms of all notifications within the scope of this Agreement.
2. The User may change the notification address by means of an update to be made in the relevant part of the Application; otherwise, the notifications to be made on the Application to the registered address as of the date of delivery shall be deemed as valid even if they do not actually reach the User.
18. Approval and Effective Date
The User declares, accepts and undertakes that (s)he has read, understood and agreed to all of the clauses in this Agreement and that (s)he confirms the accuracy and up-to-dateness of the information given about him/her.
This Agreement consists of 18 (eighteen) main articles and has entered into force upon the User’s electronic consent. By registering for and accessing the Application, the User confirms that they have read the Terms of Use & User Agreement. The User is also informed of the Privacy Notice, which is available separately for their review.