These Terms of Service (“Terms”) outline your rights and obligations when using trial, starter, business, custom and other versions of the BASEQ.AI software (“Software”). These Terms constitute an agreement between you and BASEQ.AI (“BASEQ.AI”). The term “you” refers to the organization you represent or you personally. By agreeing to these Terms, you confirm that you are at least 18 years old. If you are entering this agreement on behalf of a company or organization, you confirm that:

1. you have the legal authority to bind that entity to these Terms,
2. you have read and understand these Terms, and
3. you accept these Terms on behalf of the entity. If you do not have the authority to bind your organization, do not proceed with the acceptance of these Terms. If you use a company email address to register for the Software, it will be assumed that you are representing that organization, and

(a) you are agreeing on behalf of the company,

(b) the company’s acceptance will be legally binding, and

(c) the term “you” will refer to the company.

These Terms become effective from the moment you click “I agree” (or similar) or access the Software (the “Effective Date”). No physical signature is required for these Terms to be binding. By clicking “I agree” or using the Software, you are accepting these Terms. Any prior agreements, including electronic click-throughs within the software, are superseded by these Terms.

1. Definitions

Account, refers to the user interface and personal usage area created by the license holders

Agreement/Terms, refers to this TERMS OF SERVICE document and indicates that it constitutes a binding agreement between the parties.

Documentation refers to the technical materials provided with the software, including any updates made available by BASEQ.AI.

License, refers to the right to use the products sold in connection with the provided service.

License Owner, refers to the account holders who purchase the licenses.

Order Form, refers to the information and order form submitted to BASEQ.AI by users who wish to become license holders during the account creation process.

Service Level refers to the respective release of BASEQ.AI software products, including all releases including Predictions, Trained Models, uploaded rows, seat, Files, DBs, Applications, Support (In-App) and all related documentation, and the right to modify the release content in BASEQ.AI. Other versions such as Starter, Business and Custom are available, the number and content of which may vary according to need. The current version options published on the website are valid for the release dates.

Software refers to BASEQ.AI services.

Start Date, refers to the commencement of the contract period, which begins upon approval of the order form by BASEQ.AI.

Trial Version refers to free, trial, demo, alpha, beta, or early-access versions of BASEQ.AI software products, including documentation.

Trial Version Term refers to the duration of your access to the Trial Version Software, which is set for 7 days from the initial grant of access, unless extended or terminated earlier by BASEQ.AI.

Your Data includes any code or data you upload to the Software or that is uploaded on your behalf. Details about data security are set out in the “Privacy Policy” document.

2. License & Restrictions

The Software is a self-service platform that provides a machine learning-based predictive analytics platform that automatically constructs predictive models for various commercial use cases.

Subject to complying with the terms and conditions hereof, BASEQ.AI grants Licensee a non-exclusive, non-transferable, personal, limited, non-sublicensable, worldwide license to install and use the Software for Licensee’s internal purposes, during the Term.

Except as explicitly permitted in this Agreement, Licensee will have no right and will not, nor will it authorize or assist others to:

 It is prohibited to reverse engineer, disassemble, modify, translate, or otherwise alter any part of the Software, or attempt to uncover the source code, except to the extent allowed by applicable law.

 You may not distribute, sell, rent, lease, sublicense, assign, or otherwise transfer the Software or any rights associated with it to any third party, nor create derivative works or use the Software to develop similar products or services.

 Licensee is forbidden from using any automated tools or methods, such as scraping or data extraction, to interfere with the integrity or functionality of the Software, unless expressly permitted by this Agreement.

 The Software must not be used in any illegal manner, including any violation of laws, regulations, or this Agreement, or for harmful, inappropriate, or irresponsible purposes.

 Using the Software to transmit malicious code, such as viruses, worms, or any harmful instructions that could damage or disrupt computer systems, is strictly prohibited.

 Licensee is not allowed to upload Input Data that includes personal information, or use the Software in a manner that infringes on third-party rights or violates applicable laws.

 It is forbidden to use the Output Data to create models that would compete with BASEQ.AI.

 Misrepresenting Output Data as human-generated when it is not, is not allowed.

 The Software, its services, or the Model cannot be copied, framed, or mirrored without explicit permission.

 Password protections and security measures designed to safeguard access to the Software must not be bypassed or violated under any circumstances.

 The Software must not be used in ways other than those explicitly permitted in this Agreement.

3. Usage Restrictions

To access the Software and BASEQ.AI services, Licensee is required to establish an account by providing the necessary details through the designated form or interface (“Account”). Licensee affirms that all submitted information during the account creation process is accurate and will continue to be accurate and complete. Licensee is solely responsible for safeguarding the confidentiality and security of the Account credentials and is liable for any activities conducted under the Account.

It should be noted that Account information must not be shared with others, whether individuals inside or outside of Licensee’s organization, or any other group or entity. Each user is required to have a unique Account, and Account credentials or access must not be used by multiple users or shared under any circumstances.

During registration, Licensee will select the service tier they intend to use. If Licensee wishes to exceed the agreed usage limits according to the chosen tier, they must either submit a request within the Software or send a formal written request to BASEQ.AI. BASEQ.AI, at its sole discretion, may provide updated fees and adjust the service tier in response to the Licensee’s request for additional usage.

4. Period of Trialing

4.1 BASEQ.AI may grant Licensee a License (as defined above), at no cost, for a period of seven (7) days after the Effective Date (“Trial Period”). The Trial Period will be subject to the terms of this Agreement. After the seven-day trial period, if Licensee continues using the Software, Licensee will be charged the relevant fees.

4.2 BASEQ.AI reserves the right to terminate, limit, or modify the Evaluation Software at any time without notice. No warranties or support obligations apply to the Evaluation Software.

4.3 You grant BASEQ.AI a royalty-free, perpetual license to use any feedback you provide regarding BASEQ.AI products, provided it does not identify you as the source of that feedback.

5. Subscription Fees

Following the Trial Period, the Licensee agrees that BASEQ.AI may charge your selected and approved credit card, debit card, or other payment method (“Payment Method”) for all amounts due in connection with your use of the Software. This includes fees specified in the relevant order form or any amounts selected or changed by the Licensee at the time of registration or acceptance of this Agreement. All amounts due under this Agreement are in U.S. Dollars. These amounts do not include any direct or indirect taxes, fees, charges, customs duties, and/or other levies. The Licensee acknowledges that they are solely responsible for any fees that may apply to access or use the Software, including, without limitation, fees for hardware, software, and Internet access. BASEQ.AI reserves the right to change the prices for the Software at any time at its sole discretion. In such cases, BASEQ.AI will either provide you with thirty (30) days prior notice or the time period prescribed by applicable law. If collection must be made through legal means such as enforcement proceedings, all fees, costs, and attorney’s fees will be charged to the debtor.

6. Proprietary Rights

6.1 The Software and Documentation are the sole intellectual property of BASEQ.AI. Any modifications, improvements, or derivative creations made within the software will be exclusively owned by BASEQ.AI.

6.2 You will maintain ownership of any data you upload to the Evaluation Software.

7. Your Data

7.1 The parties must comply with BASEQ.AI’s security and data processing policy. When using the Software, certain data, such as Input Data or other relevant information, will be made accessible and/or available to BASEQ.AI or the Software. The Licensee grants BASEQ.AI a royalty-free, fully paid, irrevocable, non-exclusive license to use, process, reformat, encode, reshape, transform, impute, display, copy, and store the Licensee Data for the SaaS model and other purposes. This license is granted for the purposes of providing software services to the Licensee, managing and improving the software, and collecting and analyzing anonymous information. The usage rights are not limited to data obtained directly from the Licensee but also include analysis data derived from such data and other indirect data.

7.2 The Licensee agrees and undertakes to comply with all relevant laws when using BASEQ.AI Software and to provide its own data without violating the rights of third parties. The Licensee acknowledges that the Software does not function as an archive or file storage service.

7.3 BASEQ.AI will only process your data when necessary to fulfill its obligations within the scope of its activities. Specifically, data obtained from all users, whether B2B or B2C, the chat history with the ChatBot on the website, and any data shared by the Account Holder with BASEQ.AI, regardless of the trial version or license level, may be processed, used, recorded, shared with third parties if needed, and stored by BASEQ.AI for the purposes of developing, training the AI, and ensuring the continuity and improvement of the services provided.

7.4 You acknowledge that your data may be used by BASEQ.AI for the purposes specified.

7.5 You agree not to use the Software for any illegal or unethical purposes, including but not limited to:
(a) Engaging in illegal or fraudulent activities;
(b) Violating the rights of others;
(c) Promoting violence or other harmful actions;
(d) Promoting child exploitation;
(e) Compromising the security or availability of networks or systems.

8. Data from BASEQ.AI
   

BASEQ.AI may collect data regarding your usage of the Software and use it in accordance with its Privacy Policy. This includes chatbot conversation data, trial usage data, and any data arising from the use of licensed products. If this data contains personal information, BASEQ.AI complies with the GDPR and other applicable laws. For storage and other activities, BASEQ.AI uses licensed products that meet GDPR compliance standards and provides a fully secure infrastructure regarding data protection obligations.

9. Third-Party Software

9.1 Some features of the Software may integrate with third-party services.

9.2 If you use integrated features, your data may be shared with third-party providers subject to their terms.

10. Termination

This Agreement shall commence on the Start Date and will continue for the period indicated in the relevant Order Form, unless it is terminated sooner in accordance with the terms of this Agreement. Either party has the right to terminate this Agreement by delivering written notice if the other party breaches any significant term, becomes insolvent, makes an assignment for the benefit of creditors, is placed in receivership, or initiates similar legal proceedings against the other party.

Upon termination or expiration of the Agreement:

• Certain sections (such as Confidentiality and Limitation of Liability) will remain in effect.
• Each party must return any property, documentation, and other materials of the other party.
• Any rights or obligations that accrued before termination will remain unaffected.

11. Confidentiality

Confidential information shared under these Terms will be protected. Both parties agree not to disclose or use such information except for the evaluation purpose. Any disclosure required by law must be notified to the other party. Both parties agree to keep confidential and use only for the purposes of fulfilling this Agreement or as otherwise permitted, any proprietary or confidential information disclosed by the other party. This includes, but is not limited to, BASEQ.AI’s documentation, the Model, the Software, and certain information about the disclosing party’s business, including technical, marketing, financial, employee, planning, and other confidential or proprietary details.

Confidential information does not include information that is publicly available without any action of the receiving party, information that is documented in writing and known to the receiving party at the time of disclosure, information independently developed by the receiving party, and information that can be legally obtained from a third party.

12. No Warranty

The Software is provided as is, without warranties of any kind. BASEQ.AI disclaims all implied warranties regarding the software’s functionality or accuracy.

13. Indemnification

You agree to defend and hold BASEQ.AI harmless from any third-party claims arising from your violation of any of these Terms of Use.

14. Limitation of Liability

BASEQ.AI’s liability is limited to $100, as mutually agreed upon by the parties, regardless of the type of claim.

15. Export Compliance

Each party agrees to comply with applicable export control laws and obtain any necessary authorizations for the software’s use.

16. Notices

Notices related to these Terms must be sent to the email addresses provided during registration or to [email protected].

17. Governing Law and Jurisdiction

These Terms are governed by the laws of Turkey and the European Union. In the event of a dispute, the Istanbul Arbitration Center shall have jurisdiction. Please ensure that these legal arrangements comply with the applicable laws and regulations in Turkey.

18. Effective Date

These Terms of Use have been read and understood by the user in a language they comprehend and are accepted freely by the user’s own will. The conditions become valid as of the date they are accepted through a digital approval button containing terms such as “I have read, I approve,” or similar phrases.