ServisSoft, WORKYFIELD, WORKYFIX AND NEXUS USER AGREEMENT

  1. PARTIES On the one hand, SERVİSSOFT ARAŞTIRMA GELİŞTİRME DANIŞMANLIK YAZILIM HİZMETLERİ ANONİM ŞİRKETİ, established at Çobançeşme Mahallesi Can Sokak 12/1 Kat: 3 Daire: 5 Bahçelievler/İstanbul (hereinafter referred to as “Servissoft” or the “Service Provider”); On the other hand, the natural or legal person operating a technical service business, a maintenance organisation or a field team, who approves this User Agreement (the “Agreement”) electronically (hereinafter referred to as the “User” or the “Service Company”). Servissoft and the User shall collectively be referred to as the “Parties”.
  2. SUBJECT OF THE AGREEMENT AND PRODUCT FAMILY 2.1. This Agreement governs the rights and obligations relating to the use of the WorkyField Work Order & Service Management Platform (“WorkyField”), developed by Servissoft and provided to the User over a cloud-based infrastructure; the Workfix application (“Workfix”), provided for use by the User’s own end customers; and Nexus (“Nexus”), the internal management layer used by Servissoft in the operation of WorkyField. 2.2. WorkyField refers to the main platform which the User accesses directly in order to manage work orders and field operations. Workfix is the customer interface through which the User’s end customers can view, under their own control (on a self-service basis), the User’s work orders and service requests. Nexus is the internal operations layer used by Servissoft to centrally manage the WorkyField infrastructure. Nexus is not a product interface offered to end users. It is used for the management by Servissoft of the subscription lifecycle, user accounts, permission structures and system configurations, and is not accessed directly by the User. The provisions of this Agreement relating to Nexus govern that internal infrastructure with respect to those of its aspects that affect the User’s service. 2.3 By approving the Agreement, the Parties are deemed to have accepted that they know, and irrevocably accept, all of the information set out in this Article 2 and its sub-articles. The Parties declare that they have read and understood the explanations regarding the product architecture, platform structure and scope of use set out in this Article 2 and its sub-articles, and that they irrevocably accept them.
  3. DEFINITIONS Platform: Refers to WorkyField, Workfix or both together, as the case may be. Nexus is reserved exclusively for Servissoft’s internal use. User: The Service Company that approves this Agreement and uses ServisSoft to manage its own service and maintenance operations. End Customer: A natural or legal person who receives service or maintenance services from the User and who can be defined on Workfix. Work Order: The record of a service request created on the Platform, containing priority, category, status and department information and data on its assignment to a field technician. Field Technician: An employee, subcontractor or sub-contractor personnel attached to the User’s organisation who takes part in the actual performance of Work Orders. Device Inventory: Devices belonging to the User’s End Customers that are registered on the Platform, identified by barcode or QR code, and are the subject of maintenance and service. Subscription: The User’s right to use the Platform for a certain period within the scope of the plan selected by the User. KVKK: Law No. 6698 on the Protection of Personal Data (Kişisel Verilerin Korunması Kanunu).
  4. FUNCTIONS AND SCOPE OF WORKYFIELD 4.1. WorkyField enables the classification of work orders by priority, category, department and status, their instant assignment to field technicians, and their real-time tracking throughout the work order lifecycle. Recurring periodic maintenance plans can be defined, and the automatic generation of work orders from such plans is supported. 4.2. WorkyField allows End Customer information, addresses and contact records to be kept in a single central location. The device and asset management module performs the functions of device identification via barcode or QR code, meter reading, maintenance history tracking and warranty period monitoring. 4.3. For the efficient conduct of field operations, WorkyField offers location tracking of Field Technicians, route optimisation, digital checklists, digital forms supported by photographs and signatures, and the creation of field reports. The User accepts and undertakes that it acts as data controller under the KVKK legislation with respect to the processing of Field Technicians’ location information, and that it is obliged to inform the relevant Technicians within the scope of the KVKK and, where necessary, to obtain their explicit consent. Servissoft’s role in this respect is limited to providing the technical infrastructure, and data processing decisions within the organisation using the Platform belong to the User. 4.4. Labour, material and other cost items can be recorded on a work-order basis, and operational cost analyses can be performed. The stock and warehouse management module supports the warehouse-based tracking of spare parts and material inventory; the supplier management module enables the coordination of purchasing and subcontracting processes. 4.5. The Platform informs users of new assignments, status changes and urgent tasks through instant notifications. Performance reports cover department-, technician- and customer-based efficiency indicators, SLA tracking and cost analysis. 4.6. The Platform is built on a multi-tenant architecture, and each User’s data is stored in a logically isolated manner. Authorisation is provided through role-based access control; multi-language support is offered.
  5. WORKFIX MODULE 5.1. Workfix is the part of WorkyField that is opened to the User’s End Customers. Through Workfix, End Customers can create new service requests, monitor the status of existing work orders, view their device inventories and access their related invoice and payment history. 5.2. Workfix does not provide access to the Service Company’s internal operational data; it only displays the request and work order information belonging to the relevant End Customer. A request created by an End Customer via Workfix is automatically forwarded to the User on the WorkyField panel. 5.3. The identity and contact information of End Customers on Workfix is created and updated by the User. With respect to such information, the User acts as data controller under the KVKK, while Servissoft assumes the role of infrastructure provider. Before uploading and updating the personal data of its End Customers on the Platform and before granting End Customers access via Workfix, the User is obliged to inform the relevant persons within the scope of the KVKK and, where required, to obtain their explicit consent. 5.4. The User itself determines the scope of the service it provides to its End Customers via Workfix, as well as the pricing information, warranty terms and SLA commitments. Servissoft is not a party to the commercial relationship between the User and the End Customer, and any dispute arising from such relationship shall be resolved solely between the User and the End Customer.
  6. NEXUS AND THE INTERNAL MANAGEMENT LAYER 6.1. Nexus is used for the central management of the WorkyField infrastructure by Servissoft, and no direct access to it is provided to the User. Tenant management, the subscription lifecycle, user account configuration, the page visibility matrix and system configurations carried out via Nexus form the background of the service provided to the User. 6.2. The configuration information relating to the User held within Nexus is processed within the framework of the User’s request, the performance of the Agreement and Servissoft’s operational obligations. The User acknowledges that Nexus is, in this context, an internal tool and cannot be directly controlled by the User.
  7. ACCOUNT CREATION AND AUTHORISATION 7.1. The User creates an Account by providing the necessary information accurately and in an up-to-date manner in order to access WorkyField. The definition of the roles and authorisations of the employees within its organisation, and the determination of the limits of such persons’ authorisations on the Platform, are the responsibility of the User. 7.2. The User is responsible for the security of the Account access information. Servissoft must be informed without delay upon detection or suspicion of unauthorised access. 7.3. Servissoft may temporarily suspend or permanently close accounts in respect of which it detects a security breach, use in breach of legislation or a manifest breach of the Agreement. 7.4. The User is responsible for the transactions of the persons accessing the Platform on behalf of its organisation. All transactions carried out by authorised users shall be deemed to have been carried out by the User.
  8. OBLIGATIONS OF THE USER 8.1. The User undertakes to use the Platform in compliance with the applicable legislation, this Agreement and the principles of good faith. 8.2. With respect to Field Technician location tracking, digital forms supported by photographs and signatures, and the transfer of End Customer personal data to the Platform, conducting all the necessary information and explicit consent processes under the KVKK is the sole responsibility of the User. 8.3. The User is responsible for the accuracy of the work order, device inventory, customer, cost and stock data it transfers to the Platform and for having the authority to share such data. 8.4. The User may not decompile the source code of the Platform, reverse engineer, copy it or create derivative works from it; nor may it engage in any activity aimed at infecting the Platform with malicious software or disrupting its normal operation. 8.5. The User is solely responsible for the content of the service provided to End Customers via Workfix, for meeting End Customer expectations, for fulfilling legal obligations and for responding to requests from End Customers. 8.6. The User may use the API, integration or data transfer tools provided by Servissoft only for lawful purposes and in accordance with the documentation. It may not engage in excessive querying adversely affecting system performance, automated data scraping, introducing robotic or artificial intelligence tools into the system, or unauthorised integration activities. The determination of excessive use, automated data scraping and the other matters listed rests with Servissoft, and such determination shall likewise be measured and made by Servissoft itself; the Parties have irrevocably agreed on this matter and accepted its terms.
  9. OBLIGATIONS OF SERVISSOFT 9.1. Servissoft makes the software of all of its products available for the User’s use in accordance with the scope and characteristics set out in the Agreement and exercises the necessary care to ensure reasonable continuity. 9.2. Servissoft reserves the right to carry out changes, updates and maintenance work in order to improve the functionality of the Platform, enhance its security or meet technical requirements. Prior to significant changes, the User shall be notified through appropriate channels. 9.3. Servissoft may temporarily suspend the Platform where scheduled maintenance, hardware renewal or security intervention is necessary; periods of low usage shall be preferred wherever possible. 9.4. Industry-standard technical and administrative measures are taken to ensure data security.
  10. FEES AND PAYMENT 10.1. The Subscription fees, additional module fees and additional per-user Workfix fees to be collected in consideration for the use of the Platform shall be as agreed between Servissoft and the party acquiring the right to use the Platform. 10.2. Changes to the price tariff shall be notified to the User by e-mail at least thirty (30) days before they take effect. If the User does not accept the change, it may terminate the Agreement within the framework of Article 17; otherwise, the new tariff shall apply in the renewed Subscription period. 10.3. Fees shall be paid on the invoice due date. In the event of late payment, Servissoft reserves the right to claim default interest and/or to suspend access to the Platform. 10.4. Prices do not include value added tax or other applicable taxes, duties and charges; such obligations shall be borne by the User. 10.5. The User declares that it knows and accepts that it selected the Subscription term when commencing use, and that at the end of the term the subscription will automatically renew for the same term and on the basis of the then-current pricing.
  11. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS 11.1. All intellectual and industrial property rights in WorkyField, Workfix and Nexus, including their source code, interface design, visual elements, database structure, algorithms and documentation, belong to Servissoft. This Agreement does not constitute a transfer of such rights to the User. 11.2. The User is granted a non-exclusive, non-transferable and non-sublicensable right of use enabling it to use the Platform during the term of the Agreement and within the limits of the Agreement. Workfix access shall be used solely for the purpose of being offered to the User’s End Customers, as configured by the User. 11.3. The “WorkyField”, “Workfix”, “Nexus” and “Servissoft” trademarks and the related logos may not be used without Servissoft’s prior written consent.
  12. DATA OWNERSHIP AND CONFIDENTIALITY 12.1. Ownership of the work order, customer, device, cost, stock and similar operational data transferred to the Platform by the User (“User Data”) belongs to the User. Servissoft processes such data solely for the purposes of providing, improving and securing the Service. 12.2. The Parties agree to keep confidential, during the term of the Agreement and indefinitely following its termination, all trade secrets, technical information and customer information of any kind that they share with each other. 12.3. Servissoft reserves the right to use data that does not contain personal data, or that has been anonymised or aggregated, in the statistical analysis of the Platform, in product development processes and in performance comparisons. 12.4. Servissoft may take regular system backups in order to preserve data integrity. However, the User is also responsible for separately backing up its critical data on its own systems.
  13. PROTECTION OF PERSONAL DATA 13.1. The Parties agree to act in compliance with the applicable legislation, in particular the KVKK, with respect to personal data processed within the framework of the performance of the Agreement. 13.2. The User acts as data controller under the KVKK with respect to the personal data of its own employees, Field Technicians and End Customers that it transfers to the Platform. With respect to such data, Servissoft acts as technical infrastructure provider in line with the User’s instructions. 13.3. Details regarding the personal data processed by Servissoft, including the purposes, legal grounds, transfer conditions and data subject rights, are set out in the “Information Notice on the Protection and Processing of Personal Data”, which constitutes an annex to this Agreement, and in the texts on the platform containing information and mandatory acceptances; by using the platform and approving these texts, the User is deemed to have accepted in advance, irrevocably and incontestably, all such matters and to have been informed of and to have approved them. 13.4. The User is obliged to prepare its own KVKK information notices addressed to its End Customers and Field Technicians, to enable the relevant persons to exercise their rights, and to ensure that KVKK applications that may be submitted by End Customers are directed to itself. If such applications are forwarded to Servissoft, Servissoft shall redirect them to the User.
  14. SERVICE LEVEL AND LIMITATION OF LIABILITY 14.1. Servissoft shall use reasonable efforts to ensure that the Platform operates with the highest possible availability. Due to the nature of the internet infrastructure, it is not guaranteed that the Platform will operate uninterrupted, error-free or fully in line with the User’s expectations under all circumstances. 14.2. Servissoft cannot be held liable for the commercial relationship between the User and its End Customers, for the content and quality of the service provided by the User to its End Customers, for the field performance of Field Technicians, or for the User’s own SLA commitments. 14.3. Servissoft’s total liability under this Agreement shall in any event be limited to the net Subscription fee actually paid by the User in the last twelve (12) months preceding the date of the claim. Indirect damages, loss of profit, loss of data, loss of reputation and third-party claims fall outside the scope of this liability cap and shall not be subject to compensation. 14.4. The limitations set out in this Article shall not apply to damages caused by Servissoft’s wilful misconduct or gross negligence.
  15. THIRD-PARTY CLAIMS AND INDEMNIFICATION The User accepts and undertakes to hold Servissoft harmless against any claim, lawsuit, complaint or administrative sanction that may be initiated against Servissoft by third parties arising from the services it provides to its End Customers through the Platform, the operations carried out by its Field Technicians or the data it transfers to the Platform, and, within this framework, to cover, upon Servissoft’s first demand, the litigation costs, reasonable attorneys’ fees and compensation liabilities that Servissoft is compelled to bear.
  16. FORCE MAJEURE Extraordinary events beyond the reasonable control of the Parties, such as natural disasters, epidemics, war, civil unrest, acts of terrorism, cyber attacks, general outages in electricity and internet infrastructure, decisions of competent authorities, strikes and lockouts, shall be deemed force majeure. For the duration of the force majeure, the performance obligations of the relevant Party shall be suspended. If the force majeure period exceeds sixty (60) days, either Party may terminate the Agreement without compensation.
  17. TERM AND TERMINATION 17.1. The Agreement enters into force on the date on which the User registers on the Platform and/or electronically approves the Agreement, and remains valid throughout the Subscription. Unless terminated by either Party, the Subscription shall automatically renew on the basis of the preferred period. 17.2. The User may unilaterally terminate the Agreement without stating any reason by giving written notice or notice by e-mail to Servissoft at least thirty (30) days prior to the termination date. Termination shall take effect upon expiry of the thirty-day period running from the service of the notice. Fees relating to services performed up to the termination date shall not be refunded; fees collected in advance but relating to periods not yet performed shall be refunded to the User on a pro rata basis. 17.3. Servissoft may terminate the Agreement unilaterally, with immediate effect and without compensation, where the User breaches the material provisions of this Agreement, fails to fulfil its payment obligation for a period exceeding thirty (30) days, or is found to be using the Platform in breach of the applicable legislation. 17.4. Upon termination of the Agreement, the User’s access to the Platform shall be terminated. The access open to End Customers via Workfix shall also be terminated at the same time; within this framework, informing the End Customers is the obligation of the User. User Data shall be retained in an exportable form for thirty (30) days from the termination date; at the end of this period, subject to statutory retention periods, it shall be deleted, destroyed or anonymised. 17.5. Upon the User’s request, the data shall be delivered within 30 days in one of the technically feasible standard export formats. Servissoft reserves the right to charge a separate fee for this operation.
  18. TRANSFER AND ASSIGNMENT The User may not transfer its rights and obligations arising from this Agreement to third parties without Servissoft’s prior written consent. Servissoft may transfer the Agreement to its successor within the framework of structural transactions such as merger, demerger, change of legal form and transfer of business.
  19. NOTICES AND SERVICE 19.1. Without prejudice to official notifications under the Notification Law No. 7201, notices between the Parties may be made via the e-mail address registered in the User’s Account. 19.2. Official notifications to Servissoft shall be made via the registered electronic mail (KEP) address servissoft@hs01.kep.tr. The address info@servissoft.net may be used for routine correspondence. 19.3. The User is obliged to keep its contact details up to date.
  20. EVIDENCE AGREEMENT In disputes arising from the Agreement, Servissoft’s books and records, the work order and transaction records on the Platform, session and login logs, and electronic correspondence shall constitute conclusive evidence within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
  21. GOVERNING LAW AND JURISDICTION The laws of the Republic of Türkiye shall apply to the interpretation and implementation of the Agreement. The Istanbul (Çağlayan) Courts and Enforcement Offices shall have exclusive jurisdiction over disputes arising from the Agreement.
  22. MISCELLANEOUS 22.1. The invalidity of any provision of the Agreement shall not affect the validity of the remaining provisions; the invalid provision shall be deemed to have been replaced by the closest provision that reflects the common intention of the Parties and complies with the legislation. 22.2. Servissoft’s failure to exercise any right arising from the Agreement shall not mean that it has waived that right. 22.3. Servissoft reserves its right to update the Platform and the provisions of the Agreement. Material changes shall be announced to the User through appropriate channels before they take effect. 22.4. This Agreement has been concluded electronically, and the electronic approval records, time stamps, log records and the entire electronic transaction history shall constitute valid evidence regarding the formation of the Agreement and the use of the platform. 22.5. This Agreement has been prepared in Turkish and English. In the event of any conflict or discrepancy in interpretation between the two versions, the Turkish version shall prevail.
  23. ENTRY INTO FORCE This Agreement, consisting of twenty-three (23) main articles, shall enter into force between the Parties after it has been read and approved electronically by the User. The Parties declare that they have read all provisions of the Agreement, have understood its content and accept it unconditionally. SERVICE PROVIDER SERVİSSOFT ARAŞTIRMA GELİŞTİRME DANIŞMANLIK YAZILIM HİZMETLERİ ANONİM ŞİRKETİ Address: Çobançeşme Mahallesi Can Sokak 12/1 Kat: 3 Daire: 5 Bahçelievler/İstanbul KEP: servissoft@hs01.kep.tr E-mail: info@servissoft.net USER This information may also have been collected when you registered in the system; in that case, the information below shall be deemed to be the information you provided to the system. Upon acceptance of the Agreement, the registered information shall be deemed to belong to you and shall have legal effect. Name – Surname / Trade Name: Address: E-mail: Date of Approval: The day that document is accepted.