SINERJI GRUP ENDUSTRI OTOMASYON TIC. VE SAN. LTD. STI. WEBSITE TERMS OF USE: INTELLECTUAL PROPERTY AND LIMITATION OF LIABILITY
These Terms of Use govern the intellectual property rights, usage restrictions, and the limitation of liability of the parties regarding the use of the website operated by Sinerji Grup Endüstri Otomasyon Tic. ve San. Ltd. Şti. (“Sinerji Grup”), in accordance with the Turkish Commercial Code No. 6102 (TCC), the Law on Intellectual and Artistic Works No. 5846 (LIAW), the Law on the Protection of Personal Data No. 6698 (LPPD), and Law No. 5651.
1.1. Legal Status of the Website as a “Work”: The website belonging to Sinerji Grup, including its design, interface, data set operating principles, access, and processing methods, is considered a “work bearing the characteristic of its owner” as a whole, as stated in the decision of the Istanbul Regional Court of Justice, 16th Civil Chamber, dated 09.10.2025, Case No. 2024/191, Decision No. 2025/1239. All graphics, designs, and architectural structures on the site are protected under the LIAW.
1.2. Software and Code Structure: The software running in the background of the website, source codes, and technical operations are classified as scientific and literary works within the meaning of Article 2/1-2 of the LIAW, in line with the decision of the Istanbul Regional Court of Justice, 16th Civil Chamber, dated 25.03.2021, Case No. 2018/2200, Decision No. 2021/625. Unauthorized copying, modification, or use of these softwares in other media is prohibited.
1.3. Visual and Content Rights: Photographs, graphic illustrations, and other visual content used on the site are considered “works” within the meaning of the LIAW, as emphasized in the decision of the Bakırköy 1st Intellectual and Industrial Property Rights Civil Court, dated 30.03.2023, Case No. 2021/227, Decision No. 2023/68. The ownership of these contents belongs to Sinerji Grup, and their use without transfer or permission is prohibited.
1.4. Trademark and Trade Name Rights: The use of the Sinerji Grup brand, logo, and phrases in the site header in a manner that creates a commercial effect constitutes trademark infringement and unfair competition pursuant to the decision of the Istanbul Regional Court of Justice, 16th Civil Chamber, dated 02.04.2021, Case No. 2018/1945, Decision No. 2021/704.
2.1. Prohibition of Web Scraping and Data Mining: Users may not collect data from the Sinerji Grup website through automated methods. As determined in the decision of the Bakırköy 2nd Civil Court of First Instance, dated 17.10.2025, Case No. 2023/940, Decision No. 2025/971, actions such as “Web Scraping, extracting information from websites using computer program techniques… collecting data from the plaintiff’s site without consent” constitute unfair competition under Article 55/1-c of the TCC. The data on the site is presented in a structured systematic order and is under “sui generis database” protection.
2.2. Data Security Obligation: Sinerji Grup takes necessary technical and administrative measures to prevent unlawful processing of and access to personal data in accordance with Article 12 of the LPPD. As stated in the decision of the Constitutional Court dated 12.10.2023 and Application No. 2020/7518, “In accordance with Law No. 6698, the data controller is obliged to take all kinds of necessary technical and administrative measures to ensure the appropriate level of security for the purpose of preventing unlawful processing of personal data, preventing unlawful access to personal data, and ensuring the preservation of personal data.”
3.1. Hosting Provider Status and Content Monitoring: Sinerji Grup holds the status of a “hosting provider” under Law No. 5651 regarding content created by users. Pursuant to the decision of the Istanbul 1st Intellectual and Industrial Property Rights Civil Court, dated 21.01.2021, Case No. 2019/59, Decision No. 2021/24, “Hosting providers do not have an obligation to monitor the content they host or to investigate whether they are unlawful.”
3.2. Technical Interruptions and Updates: Sinerji Grup cannot be held responsible for temporary data errors that may occur during site updates or server operations. However, as emphasized in the Personal Data Protection Board’s decision dated 25.03.2021 and No. 2021/311, security requirements are taken into account during system improvements, and a risk-oriented approach is exhibited.
3.3. Third-Party Links: Sinerji Grup has no control over the content of third-party links on the site or the data processing activities of these sites. In accordance with the principles stated in the Personal Data Protection Board’s decision dated 27.02.2020 and No. 2020/173, data transfers occurring through third-party cookies or redirects are the responsibility of the respective parties.
4.1. Infringement Notifications: Right holders who claim that their intellectual property rights or trademark rights have been infringed on the website must apply to Sinerji Grup in writing. Pursuant to the decision of the Istanbul 4th Intellectual and Industrial Property Rights Civil Court, dated 23.11.2021, Case No. 2021/32, Decision No. 2021/18, it is mandatory for the notification to include concrete information regarding the infringement and documents proving ownership for the hosting provider’s liability for compensation to arise.
4.2. Review Period: Upon receipt of a notification of unlawful content, the content will be reviewed within a reasonable period, and necessary actions will be taken. As stated in the decision of the Ankara Regional Court of Justice, 20th Civil Chamber, dated 10.06.2024, Case No. 2022/845, Decision No. 2024/1117, the liability of the hosting provider arises only if it is informed of the unlawful content and fails to remove it within a reasonable time.
5.1. Language and Intelligibility: These Terms of Use have been prepared in Turkish to ensure that users can easily understand the content, in line with the Personal Data Protection Board’s decision dated 01.03.2023 and No. 2023/134.
5.2. Transparency and the Rule of Honesty: No provision in the terms of use shall be interpreted in a way that impairs the consumer’s decision-making will or presents targeted advertising as a mandatory service condition (dark patterns). In this context, actions are taken in accordance with the rule of honesty pursuant to the Advertisement Board’s 2024 decisions and Articles 54-55 of the TCC.
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