User and Distance Sales Agreement

This agreement is entered into between "Kulelihan Construction Industry and Trade Limited Company" (hereinafter referred to as "PedigreeAll"), which operates the "PedigreeAll.com" website, and the user (hereinafter referred to as "USER") who is a member of www.PedigreeAll.com website.

The subject of this agreement is to regulate the terms of benefiting from the services offered from the PedigreeAll.com website and the rights and obligations of the parties.

3.1. PedigreeAll offers services based on algorithms developed using pedigree and statistical information of thoroughbred racehorses in the database to USERS, both paid and free of charge.

3.2. The USER can use these services through the PedigreeAll.com website as paid, free, as a member, or without membership, according to the types of services provided.

3.3. PedigreeAll does not claim that the data in the database is 100% accurate. The user knowingly and willingly uses the system and receives paid services.

3.4. PedigreeAll is a software company operating in the field of promoting these thoroughbreds with reports and analysis results created by processing thousands of lines of data in the database with machine learning algorithms. It does not provide any service other than these services.

4.1. The USER accepts and undertakes that the information provided when becoming a member belongs to them and is correct. PedigreeAll is not obligated to investigate the accuracy of the information uploaded, modified, or provided by the USER to the application, and is not responsible for any damages that may arise from such information being incorrect or belonging to a third party. In this context, PedigreeAll reserves the right to claim all material and moral damages it may suffer from incorrect or erroneous information entered into the application by the USER.

4.2. The USER accepts and undertakes that when using the PedigreeAll.com application, they will comply with all conditions in this agreement and the relevant legislation in force, use the application only for lawful purposes, and will not use it in matters that violate the rights of third parties and require legal and criminal liability.

4.3. The USER accepts and declares that they are responsible for all uses that violate Article 4.2. PedigreeAll reserves the right to claim all material and moral damages it may suffer due to processes arising from the USER.

4.4. PedigreeAll reserves the right to unilaterally terminate this Agreement, suspend or cancel membership without any notice if the USER acts contrary to Article 4.2.

4.5. PedigreeAll is authorized to disclose the relevant personal data of the USER registered in the database to both official institutions and organizations and to the right holders in cases where it is claimed that the rights of other users and third parties are violated by the USER. The USER accepts and undertakes not to claim any compensation from PedigreeAll for this reason.

4.6. The security and storage of the information necessary for access to the PedigreeAll.com application (username, password, etc.) is entirely the responsibility of the USER. PedigreeAll has no responsibility for any damages that the USER may suffer or may suffer due to these informations being obtained by third parties.

5.1. PedigreeAll has the right to make changes and reorganize the service in the application and the terms of use of the service at any time without prior notice. These changes take effect immediately upon implementation in the application.

5.2. The USER's continued access to the application or continued use of the application means that they definitely accept the modified terms of use.

5.3. PedigreeAll has the right to terminate all kinds of communication, information transfer, and sharing that may cause damage through the application. In this case, PedigreeAll also reserves the right to terminate the USER's inappropriate uses.

5.4. PedigreeAll has the right to back up and delete some or all of the data used by users while benefiting from the service at periods it deems appropriate. PedigreeAll will not be held responsible for backup and deletion operations.

5.5. PedigreeAll does not guarantee that the service it provides within the scope of the application will be continuously active and accessible. PedigreeAll does not accept responsibility for service defects that may occur due to court and other authorized official authority decisions and practices, force majeure, situations caused by third parties, disruptions and delays arising from internet connection service providers, and other reasons not originating from itself.

5.6. PedigreeAll may limit or stop access to the service when necessary for the network's operational security to be at risk, continuity of network access, to prevent possible malfunctions in the network, software, or recorded files, to prevent or reduce the effects of possible disruptions, and in other situations it deems necessary.

6.1. The copyright of the PedigreeAll.com application, the PedigreeAll trademark, and all other Intellectual Property Rights, as well as the know-how and all kinds of commercial information arising from this application, belong to Kulelihan Construction Industry and Trade Limited Company. The USER and everyone who reads the application content accepts this in advance.

6.2. The general appearance, design, text, image, logo, icon, demonstrative, written, electronic, graphic, or machine-readable technical data of the application, the business method and business model applied, the software code, and all other elements belong to Kulelihan Construction Industry and Trade Limited Company.

6.3. None of the elements belonging to PedigreeAll and protected within the scope of Intellectual Property Rights can be changed, copied, reproduced, translated into another language, republished, sold, shared, distributed, exhibited, or used outside the scope of this Agreement without prior written permission and without citing the source. In case of acting otherwise, the responsible person(s) will be obliged to cover the damage suffered by PedigreeAll, the compensation amount requested from PedigreeAll due to damages suffered by third parties, including licensors, court costs, and attorney fees.

7.2. Although measures have been taken within the existing possibilities for the PedigreeAll.com website to be free from viruses and similar purpose software, the USER is obliged to provide their own virus protection system and ensure the necessary protection for the final security to be ensured. Therefore, the USER accepts in advance that they are responsible for all errors that may occur in their software and operating systems and their direct or indirect consequences due to entering the application.

8.1. PedigreeAll may unilaterally change this Agreement or any of its provisions at any time it deems appropriate, by announcing it on the PedigreeAll.com application.

8.2. The amended provisions of this Agreement will become effective on the date they are announced, or if there is a validity date specified in advance, on the validity date. The remaining provisions will continue to remain in force as they are and produce their effects and consequences.

8.3. The Agreement cannot be changed by the USER's unilateral statements.

9.1. The USER accepts and undertakes that in disputes that may arise from this Agreement, the electronic and system records, commercial records, book records, and computer records kept by PedigreeAll in its own database and servers will constitute valid and definitive evidence.

10.1. Within the scope of this agreement; natural disasters, war, strikes, epidemics, mobilization, cyber attacks on the technical infrastructure of the application despite PedigreeAll taking necessary data security measures, and events that develop outside PedigreeAll's control and that PedigreeAll cannot prevent despite showing necessary care, will be considered force majeure.

10.2. The USER accepts in advance that PedigreeAll will have no responsibility due to the service not being provided at all or as required in force majeure situations.

11.1. This Agreement remains in force and continues to produce effects and consequences between the parties as long as the USER is a member of the application and/or uses the application.

11.2. PedigreeAll may unilaterally terminate the agreement if the USER violates the obligations specified in this Agreement.

11.3. Other situations that will be considered as reasons for termination of the agreement by PedigreeAll are as follows;

• Engaging in behaviors that will manipulate the operation of the application using any method,
• Transferring or making available to others the user profile created for the USER,
• Committing acts that violate the rights of third parties through the application and/or pose a threat of violation,
• Recording incorrect, incomplete, misleading information and information that constitutes an attack on the rights of third parties to the application,
• Using software that will threaten the general security of the application and prevent the operation of the application and the software used, theft of data, deletion of data, and modification of data.

The USER is obliged to compensate all damages suffered by the Company in this case.

12.1. Turkish Republic Law will apply to disputes arising from this Agreement. Antalya Courts and Enforcement Offices are authorized in all kinds of disputes arising from the Agreement.

13.1. This Agreement enters into force immediately upon the USER's registration to the PedigreeAll.com application and starting to use the application.

14.1. The USER performs the purchase transaction by accepting all paid services and products offered by PedigreeAll as perfect at their own request. PedigreeAll does not guarantee the accuracy of the analysis results based on the data in the database, but guarantees that it uses the most up-to-date data in its system as of the date the service is provided.

14.2. The prices listed and announced on the site are sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a certain period are valid until the end of the specified period.

14.3. The USER accepts, declares, and undertakes that they have read the pre-information regarding the basic characteristics of the product subject to the contract, the sales price and payment method, and delivery on PedigreeAll's website, that they have been informed, and that they have given the necessary confirmation electronically. The USER's confirmation of the Pre-Information electronically means that before the establishment of the distance sales contract, the USER accepts, declares, and undertakes that they have obtained correctly and completely the address that must be given by PedigreeAll to the USER, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information.

14.4. The services subject to the contract are provided by PedigreeAll during the period agreed upon by the parties.

14.5. PedigreeAll accepts, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the qualities specified in the order, and with warranty documents, user manuals, information and documents required for the job, free from all defects, in accordance with the requirements of the legal legislation, in a sound manner that complies with standards, within the principles of accuracy and honesty, to maintain and improve the service quality, to show the necessary attention and care during the performance of the job, and to act with caution and foresight.

14.6. PedigreeAll accepts, declares, and undertakes that if it cannot fulfill the obligations subject to the contract when the fulfillment of the product or service subject to the order becomes impossible, it will notify the consumer in writing within 3 days from the date it learns of this situation, and will refund the total amount to the USER within 14 days.

14.7. The USER accepts, declares, and undertakes that they will confirm this contract electronically for the delivery of the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is canceled in bank records, PedigreeAll's obligation to deliver the product subject to the contract will end.

14.8. The USER accepts, declares, and undertakes that if the price of the product subject to the contract is not paid to PedigreeAll by the relevant bank or financial institution due to the unauthorized use of the USER's credit card by unauthorized persons after the delivery of the product subject to the contract to the USER or the person and/or organization at the address shown by the USER, the USER will return the product subject to the contract to PedigreeAll within 3 days, with the shipping cost, if any, belonging to PedigreeAll.

14.9. PedigreeAll has the right to reach the USER through letter, email, SMS, telephone call, and other means through the address, email address, fixed and mobile telephone lines, and other contact information specified by the USER in the registration form on the site or updated by themselves later, for communication, marketing, notification, and other purposes. By accepting this contract, the USER accepts and declares that PedigreeAll can carry out the communication activities specified above towards them.

14.10. The USER may use the right of withdrawal from the contract by rejecting the goods without taking any legal and criminal responsibility and without showing any justification, within 14 (fourteen) days from the delivery date to themselves or the person/organization at the address they showed, provided that they notify PedigreeAll, if the distance contract is related to the sale of goods. In distance contracts related to service provision, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the consumer's consent before the withdrawal period expires. The costs arising from the use of the right of withdrawal belong to PedigreeAll. By accepting this contract, the USER accepts in advance that they have been informed about the right of withdrawal.