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Xplore Work Agreements

INTELLECTUAL PROPERTY POLICY

Effective Date:

This Intellectual Property Policy (the “Policy”) sets out the fundamental rules regarding the protection of intellectual property rights in connection with the XPLORE WORK (Xw) mobile application, internet services, and all related digital services (the “Platform”) operated by XPLORE WORK YAZILIM TİCARET LİMİTED ŞİRKETİ (“Xplore Work”).

Xplore Work reserves all rights in and to the software, designs, user interfaces, database structures, algorithms, brand elements, visual materials, graphics, icons, texts, technical systems, and other intellectual property elements that it owns or uses under license in connection with the Platform and Services.

The presence on the Platform of trademarks, logos, images, product content, or other intellectual property elements belonging to third parties does not mean that such rights belong to Xplore Work. Rights in such elements remain with their respective rights holders.

This Policy has been prepared taking into account, in particular, Turkish Law No. 5846 on Intellectual and Artistic Works (FSEK), Turkish Industrial Property Law No. 6769, the unfair competition provisions of Turkish Commercial Code No. 6102, and other applicable national and international intellectual property regulations.

All users, Sellers, and other commercial users of the Platform are required to comply with this Policy.

1. PURPOSE AND SCOPE

This Policy governs the principles relating to the protection of intellectual property elements used, created, published, hosted, or otherwise made available on or in connection with the Platform.

In particular, this Policy covers:

  • intellectual property rights belonging to Xplore Work,
  • use of trademarks and logos,
  • protection of software and technical infrastructure,
  • database and content protection,
  • user-uploaded content,
  • licenses relating to User Content,
  • third-party intellectual property rights,
  • infringement notices,
  • counter-notification procedures,
  • measures that may be taken in the event of infringement, and
  • international intellectual property protection.

By using the Platform, you are deemed to have agreed to comply with this Policy.

2. XPLORE WORK’S INTELLECTUAL PROPERTY RIGHTS

Intellectual property elements created by Xplore Work or licensed to Xplore Work, including but not limited to the following elements of the Platform, belong to Xplore Work or the relevant rights holder:

  • software and application code,
  • source code,
  • object code,
  • algorithms,
  • artificial intelligence-supported systems,
  • database structures,
  • data classification systems,
  • API structures,
  • user interfaces,
  • user experience designs,
  • graphic designs,
  • page layouts,
  • visual materials,
  • icons,
  • logos,
  • trademarks and service marks,
  • trade names,
  • domain name elements,
  • textual content,
  • technical documentation,
  • software architecture,
  • workflows,
  • system structures, and
  • technical or commercial information constituting trade secrets.

These elements may be protected under copyright, trademark, design, database, trade secret, unfair competition, and other applicable intellectual property laws and regulations.

Users are granted only a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Platform, linked to their personal or commercial account and solely for the purposes for which the Platform is provided.

This right of use does not constitute a transfer to the user of ownership of any intellectual property right.

3. USE OF TRADEMARKS, LOGOS, AND COMMERCIAL IDENTITY

The names and designations “Xplore Work,” “XPLORE WORK,” and “Xw,” together with their associated logos, commercial visuals, design elements, brand identifiers, and other distinctive commercial elements, belong to Xplore Work or the relevant rights holder.

Without Xplore Work’s prior written authorization, such elements may not be used in or as:

  • a company or trade name,
  • a domain name,
  • a subdomain,
  • an email address,
  • a social media username,
  • advertising or promotional material,
  • a product or service name,
  • a mobile application name,
  • commercial documents, or
  • any other manner that may create the impression to third parties of an official relationship with Xplore Work.

No user may represent themselves as an official partner, representative, distributor, employee, affiliate, or approved commercial partner of Xplore Work unless expressly authorized in writing by Xplore Work.

4. USER CONTENT AND OWNERSHIP

Users retain their rights in the content they upload to the Platform.

User Content may include, in particular:

  • listings,
  • company profiles,
  • product descriptions,
  • product images,
  • logos,
  • commercial documents,
  • certificates,
  • technical documents,
  • texts,
  • messages, and
  • other user-generated content.

The user represents that they possess all intellectual property rights, licenses, permissions, or other rights of use necessary for the content uploaded to the Platform.

Users may not upload content to the Platform that infringes any third party’s copyright, trademark, patent, design, trade secret, or other intellectual property rights.

5. CONTENT LICENSE GRANTED TO XPLORE WORK

By uploading content to the Platform, the user grants Xplore Work, solely to the extent necessary to provide, operate, technically process, display, develop, and promote the Platform and its services:

  • a worldwide,
  • non-exclusive,
  • royalty-free,
  • sublicensable to the extent necessary for the provision of the Platform services, and
  • usable by technical service providers to the extent necessary

license.

This license may, in particular, permit Xplore Work to:

  • host and store the content,
  • technically process the content,
  • adapt the content to different screen or device formats,
  • display the content,
  • distribute the content within the Platform,
  • index the content within search or classification systems,
  • reproduce the content as necessary for Platform features to function, and
  • use the content in a limited manner to promote the Platform or the user’s company/product profile.

This license does not constitute a transfer of ownership of User Content to Xplore Work.

Xplore Work does not sell User Content outside the Platform as an independent commercial product without the user’s separate express permission or another valid legal basis.

6. PROTECTION OF DATABASES AND PLATFORM DATA

Database structures, listing systems, classifications, product matching systems, company profiles, organization of commercial data, and other collections of data available on the Platform may be protected under applicable database rights, copyright, trade secret, or unfair competition laws.

Without Xplore Work’s prior written authorization, the following activities are prohibited:

  • systematically extracting Platform data,
  • copying data on a large scale,
  • republishing Platform data,
  • using the data in an independent commercial database,
  • reselling or licensing Platform content in bulk,
  • scraping,
  • using crawlers or bots,
  • using automated data collection tools,
  • systematic screen scraping, or
  • commercially reproducing the Platform’s data structure.

The user’s rights in relation to their own data on the Platform and information that they are legally entitled to use remain unaffected.

7. PROTECTION OF SOFTWARE AND TECHNOLOGY

Unless expressly authorized in writing by Xplore Work, the following activities are prohibited:

  • reverse engineering,
  • attempting to access or extract source code,
  • decompiling,
  • disassembling,
  • circumventing software security measures,
  • disabling technical access controls,
  • copying or reproducing algorithms,
  • reproducing Platform functionality without authorization,
  • systematically imitating the Platform’s design or user interface,
  • mirroring the Platform,
  • framing the Platform, or
  • creating unauthorized derivative systems based on Xplore Work’s software, infrastructure, or technical architecture.

Any activities expressly permitted by applicable law and which cannot lawfully be prohibited by contract remain unaffected.

8. TRADE SECRETS AND CONFIDENTIAL TECHNICAL INFORMATION

Non-public information relating to the Platform, including:

  • source code,
  • algorithms,
  • security architecture,
  • technical systems,
  • data models,
  • business processes,
  • commercial models,
  • pricing systems,
  • internal operational information, or
  • other confidential technical or commercial information,

may constitute trade secrets or confidential information.

Unauthorized access to, disclosure of, copying, commercial use of, or transfer to third parties of such information is prohibited.

9. THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS

Trademarks, logos, product images, documents, or other content provided on the Platform by users or third parties may belong to their respective rights holders.

The presence of such content on the Platform does not mean that Xplore Work claims ownership of that content.

Users are required to respect third-party rights and upload only content that they are legally authorized to use.

10. INTELLECTUAL PROPERTY INFRINGEMENT NOTICE

Xplore Work takes allegations of infringement of copyright, trademarks, patents, designs, trade secrets, and other intellectual property rights seriously.

If you believe that any content infringes your intellectual property rights, you may submit a written notice to Xplore Work.

To the extent possible, an infringement notice should include:

  • the name or legal name of the rights holder,
  • a statement demonstrating that the person submitting the notice is the rights holder or is authorized to act on behalf of the rights holder,
  • a description of the right alleged to have been infringed,
  • identification of the relevant work, trademark, design, patent, or other right,
  • the location, URL, listing number, or other identifying information of the allegedly infringing content on the Platform,
  • contact information, and
  • a statement that the notice is submitted in good faith and contains accurate information.

Incomplete or manifestly unfounded notices may not be processed, or additional information may be requested.

11. REVIEW OF INFRINGEMENT NOTICES

Upon receipt of a valid infringement notice, Xplore Work may review the relevant content in accordance with applicable law and the circumstances of the particular case.

Where Xplore Work considers it necessary, it may:

  • temporarily restrict access to the content,
  • remove the content,
  • request additional documents or explanations,
  • temporarily restrict the user’s account, or
  • suspend or terminate the account in cases of serious or repeated infringement.

Such measures do not mean that Xplore Work has made a final legal determination regarding the alleged infringement.

12. COUNTER-NOTIFICATION PROCEDURE

A user whose content has been removed or restricted may submit a counter-notification if they believe that the content is lawful or that they possess the necessary rights.

To the extent possible, the counter-notification should include:

  • the user’s identity and contact information,
  • identification of the removed or restricted content,
  • an explanation of the right or legal basis authorizing use of the content, and
  • a statement that the information provided is accurate and submitted in good faith.

Upon receiving a counter-notification, Xplore Work may reassess the information and documents submitted by the relevant parties.

Xplore Work does not act as a court, arbitrator, or mandatory mediator in ownership or intellectual property disputes between the parties.

The parties retain the right to pursue their legal rights before the competent authorities.

13. REPEATED INFRINGEMENTS

Users who seriously or repeatedly infringe intellectual property rights may be subject to enhanced Platform measures in accordance with applicable law.

Such measures may include, in particular:

  • removal of content,
  • removal of listings,
  • restriction of account features,
  • revocation of company verification status,
  • temporary suspension of the account,
  • termination of the subscription, or
  • permanent termination of the account.

In cases of serious or repeated infringement, the creation of new accounts may be restricted in accordance with applicable law and Platform security requirements.

14. INTERNATIONAL INTELLECTUAL PROPERTY PROTECTION

Intellectual property rights belonging to Xplore Work and Platform users may, to the extent applicable, be protected under the laws of the Republic of Türkiye and relevant international agreements.

These may include, in particular:

  • the Berne Convention for the Protection of Literary and Artistic Works,
  • the Paris Convention for the Protection of Industrial Property,
  • the TRIPS Agreement,
  • applicable intellectual property treaties administered within the framework of WIPO, and
  • other relevant international regulations.

Accessing the Platform from another country does not eliminate the geographic scope of Xplore Work’s intellectual property rights.

Users are also responsible for complying with applicable intellectual property laws in the countries from which they access the Platform or conduct commercial activities.

15. LEGAL REMEDIES IN THE EVENT OF INFRINGEMENT

If Xplore Work determines or alleges that its intellectual property rights have been infringed, Xplore Work reserves the right to pursue appropriate legal remedies in accordance with applicable law.

Such remedies may include, in particular:

  • seeking preliminary or injunctive relief,
  • removal of content,
  • restriction of access,
  • seeking cessation of the infringement,
  • recovery of material damages,
  • where applicable, claims for non-pecuniary damages,
  • recovery of legal expenses, and
  • applications or reports to competent authorities.

Depending on the nature of the infringement, legal proceedings may be initiated in different countries or before competent jurisdictions.

16. LEGAL CONSEQUENCES OF INFRINGEMENTS

A violation of this Policy may also constitute a violation of the User Agreement, Seller Agreement, or other Platform policies.

Depending on the nature and severity of the violation, Xplore Work may:

  • remove infringing content,
  • temporarily or permanently restrict access,
  • suspend the account,
  • terminate the subscription,
  • remove listings,
  • revoke verification status, or
  • permanently terminate the account.

Depending on the nature of the specific case and applicable law, intellectual property infringements may result in civil, administrative, or criminal consequences.

17. USER RESPONSIBILITY

The user is responsible for ensuring that content uploaded or used by them through the Platform does not infringe third-party intellectual property rights.

The user may be responsible under applicable law for the legal consequences of intellectual property infringements resulting from their own acts or omissions.

Circumstances resulting from Xplore Work’s own fault, gross negligence, intentional unlawful conduct, or liabilities imposed on Xplore Work by law are excluded from the scope of this provision.

18. INDEMNIFICATION AND HOLD HARMLESS

To the extent permitted by applicable law, the user agrees to reasonably indemnify and hold harmless Xplore Work, its affiliates, directors, employees, and representatives from third-party claims arising from the user’s own content or intellectual property infringements.

This obligation may include, in particular:

  • third-party intellectual property claims,
  • litigation and administrative proceedings,
  • applicable fines,
  • reasonable legal and attorneys’ fees, and
  • other reasonable costs directly resulting from the infringement.

This obligation applies only to the extent that the relevant claim or loss results from the user’s acts, omissions, or infringement.

19. RELATIONSHIP WITH OTHER AGREEMENTS AND POLICIES

This Policy shall be read together with:

  • the User Agreement,
  • the Seller Agreement,
  • the Terms and Conditions,
  • the Community Guidelines,
  • the Disclaimer,
  • the Privacy Policy, and
  • other applicable Platform policies.

With respect to a specific intellectual property matter, the specific provisions of this Policy shall prevail over general Platform provisions addressing the same matter.

Mandatory provisions of applicable law remain unaffected in all cases.

20. CHANGES TO THIS POLICY

Xplore Work may update this Policy from time to time due to changes in law, Platform features, technical developments, security requirements, or intellectual property protection needs.

Material changes may be communicated through the Platform or other appropriate communication channels before they take effect.

The updated Policy becomes effective upon its publication on the Platform or on the stated effective date.

21. CONTACT AND INTELLECTUAL PROPERTY REQUESTS

Notices, requests, or complaints concerning intellectual property rights may be submitted to Xplore Work using the following contact details:

XPLORE WORK YAZILIM TİCARET LİMİTED ŞİRKETİ

Güvenevler Mah. 1928 Sok. Ekinci Global İş Merkezi Sit. Floor: 14 No: 5/25 Yenişehir, Mersin / Türkiye

Email:support@xplorework.com

Xplore Work will evaluate submitted requests in accordance with applicable law and the circumstances of the particular case.