DEFINITIONS
İşbank : Türkiye İş Bankası A.Ş.,
API : Application Programming Interface,
API Portal : The API Portal of İşbank,
User : The user who wants to benefit from the API Portal of İşbank
End User : Real persons/legal entities that shall use the service provided through the software created by İşbank APIs
Product : One of the various services offered by İşbank to its customers on API Portal.
Terms of Use : İşbank API Portal Terms of Use
Content : All kinds of data, visual/auditory contents, writings, designs, videos, graphics, photographs, software, codes, brands, trade names and without being limited to these, all kinds of applications, all versions of such applications and all kinds of related works and other contents, included in the content of API Portal and the web site,
API Portal is a service which provides the opportunity to have access to and to use APIs of İşbank, which offers the means of information and documentation, which may be accessed free of charge and/or for a fee, on limited and/or limitless basis, terms and conditions of which are determined by İşbank. These Terms of Use set out the provisions and conditions required to be complied with by the User in order to benefit from API Portal.
1) API Portal Usage
1.1. A User who wants to benefit from API Portal shall be registered to API Portal by reading Notice on the Protection and Processing of Personal Data and reading and approving the text of the Terms of Use.
1.2. Upon use of API Portal, the Account shall be activated.
1.3. All kinds of changes to be made in the API Portal, shall become effective at the time when they are published, unless there is any indication to the contrary by İşbank and upon entry by the User to API Portal, shall be deemed to have been accepted by the User.
2) Rights and Obligations of the User
2.1. User agrees, declares and undertakes that, upon entry by it to the API Portal, it shall be obliged to comply with all rules and restrictions regarding use of API Portal.
2.2. User agrees that it shall have the rights and powers specified in these Terms of Use, provided that the powers of İşbank, are reserved.
2.3. User agrees that, at the time of communicating via “contact us” menu, it shall provide correct, complete and up-to-date information.
2.4. User shall be allowed to use the Content included in the API Portal, only for the purposes and within the limits set forth in these Terms of Use. İşbank hereby grants User a right of use of API Portal, which is limited, non-transferable, non-sublicensable, non-exclusive and revocable solely for the limited purpose of as set forth in these Terms of Use. User shall not have the right to distribute, disseminate, transfer, transfer the right to use the Content included in the API Portal or give any sublicense to third persons.
2.5. User demands to use API Portal and APIs, at its free will and in line with its own interests.
2.6. User agrees and declares that it understands the fact that APIs may be offered by İşbank in limited manner at the testing and production phases, and that aid limit and usage shall be determined by İşbank.
2.7. User agrees that it shall inform İşbank regarding the media through which it shall offer APIs to End User; that the APIs may be offered to End User only by the media which is/are notified to İşbank and approved in writing.
2.8. User agrees that they shall not impair, change the content of APIs obtained by them from the API Portal, and they shall offer API contents to the End User, in the form they are offered by İşbank and with the latest edition thereof.
2.9. User declares, agrees and undertakes that İşbank shall be entitled to make its own product developments, not being limited to the issues included in the content and may also purchase Product from third persons, from a different User; that such Products may be similar/identical to the software contained in API Portal, and that, in such case, it shall not raise any right, claim, proposal or demand against İşbank.
2.10. User agrees and declares that, when offering API to End User, it shall not demand from the End User any information relating to authentication mechanisms of İşbank and/or relating to card/product details and at the phase of forming an account, it shall not demand from the End User to define such information before or after use. In the software developed by using İşbank APIs, User shall not by any means access to and use İşbank authentication references (one-time password, single password, smart phone) card numbers and information.
2.11. User accepts and represents that it duly holds all economic rights on the software subject to all transactions it shall conduct on API Portal (Right of Adaptation, Right of Reproduction, Right of Distribution, Right of Performance, Right to Communicate a Work to Public by Devices Enabling the Transmission of Signs, Sounds and/or Images) and the right and power to transfer economic rights for an unlimited period of time; that, as the author and/or within the scope of the powers granted by the author, it hereby grants İşbank all economic rights of the software subject to these Terms of Use, right to use and benefit from them, including the Right of Adaptation, Right of Reproduction, Right of Distribution, Right of Performance, Right to Communicate a Work to Public by Devices Enabling the Transmission of Signs, Sounds and/or Images (the “License”), without being subject to any time limitation.
User agrees, declares, undertakes that it has the right to use, in a legally valid manner, the products and software subject to the Agreement, which originate from API Portal contents; that it is not subject to any restriction, under any name whatsoever, with regards to exercising and/or re-exercising the rights and that it is not in violation of any intellectual and industrial property rights that belong to third persons; that, regarding claims arising from violation of third party intellectual property rights, all responsibility shall be borne by itself exclusively and it shall hold İşbank harmless against any claims of right and loss to be raised in this regard; that, in case İşbank suffers any loss, makes any payment including administrative fine, due to aforesaid violations, it shall compensate losses of, and the payments made by, İşbank, together with all kinds of subsidiaries thereof, upon first written demand of İşbank.
User agrees that, since it shall personally be responsible according to criminal and civil law, upon its violation of its obligations set forth in the Terms of Use, İşbank reserves the right to apply to all kinds of legal ways/to claim compensation. User agrees to compensate all kinds of direct and indirect, pecuniary and non-pecuniary damages of the End User and/or İşbank arising from its failure to comply with these Terms of Use. In case the obligations specified in these Terms of Use are breached by the User; İşbank shall be entitled to close the User’s Profile at any time at its discretion without need for any warning or notice.
3) Rights and Powers of İşbank
3.1. All rights on the Content included in API Portal, arising from national and international intellectual and industrial property law, shall directly belong to İşbank and/or are used by İşbank based on license.
3.2. İşbank shall be authorised to change the Terms of Use unilaterally at any time, to make available the API and API Portal for a free and/or free of charge. İşbank, at any time at its discretion, may change or close related services and/or APIs, without being obliged to make any notice. İşbank shall be entitled to offer the APIs and the Content free of charge, for a fee, based on a limit/as limitless, with accurate or fictitious data, through any media, at any time without being obliged to obtain any permission.
3.3. İşbank shall be authorised to monitor, observe all kinds of content offered at API Portal and to supervise compliance thereof with the ethical principles set by İşbank.
3.4. İşbank shall record the material information such as when related system is utilised during use of API Portal services, size and frequency of data transfers, etc., automatically on API Portal servers and shall be authorised to keep such information. İşbank shall have the right to record automatically on API Portal, the IP address of the User, details of the date and time of connection to API Portal and the address and/or web pages to which any demand is sent through API Portal. According to Türkiye İş Bankası A.Ş. Information Regarding the Protection of Personal Data, İşbank shall have the right to share said data recorded automatically on API Portal, with related third persons, within the scope of legal requirements, security and performance evaluations.
3.5. İşbank reserves the right to change and/or abolish the use of the API Portal structure, operation, content, use at the time of recording to API Portal and any kinds of services and products which may be accessed via API Portal, without making any prior notice and without assuming any obligation.
3.6. İşbank shall have the right to complete change Terms of Use of API Portal and APIs and the operation and principles thereof, to stop publication thereof. Furthermore, in cases required by related laws and regulations, may require the Terms of Use of API and API Portal to different and additional processes, including but not limited to termination of the cooperation between the parties, to be subject to internal approval mechanisms and the User shall not be entitled to raise any claim arising from said changes.
İşbank shall have the right to determine utilisation limits and prices of the APIs in API Portal. İşbank shall be entitled to demand additional information, documents and conditions from the User for use of API Portal and all kinds of works, products and process prototype, API to be formed by using İşbank APIs, for use of API and if İşbank decides to commence production phase, by agreeing with the User, jointly with the User; then a separate agreement shall be made. Demanding additional information, document and conditions from the User or any provision contained in these Terms of Use, may not be construed as agreement of İşbank to commence production phase jointly with the User. İşbank, when it decides to start production phase jointly with the User, it shall set the agreement to be made by it with the User, existence and terms and conditions of the agreement regarding production phase.
3.7. In case İşbank demands to purchase the rights of all kinds of works, products and process prototypes formed by the User by using İşbank APIs/to start production phase to be deemed appropriate by it such as partnership etc.; first proposal shall be made to İşbank by the User. User may also give proposals to other banks or institutions. (User shall not be obliged to declare the names of other banks and institutions to which it gives an offer, to İşbank). In case the proposal given by other banks or institutions, is higher than the proposal of İşbank; İşbank increases its proposal to the same level with other banks and institutions, İşbank shall have the right to purchase the rights relating to the Product.
3.8. İşbank provides API Portal and API services on “as is” basis and does not give any warranty with regards to following elements;
a) services offered through API,
b) all kinds of content, data, products, software, information and other services, generally offered via internet,
c) other elements that occur upon processing of those specified in paragraph (b) above,
d) İşbank does not give any warranty that services or the content or information included in services, are free of any failure, error, mistake, virus, or free of any kinds of elements that may change, damage, delete your device, data, computer programs.
3.9. İşbank shall not have any responsibility with regards to any disruption, failure, negligence, deletion, outage in API Portal and any kinds of services and products, services, that may be accessed together with it, or any delay in a transaction or communication, computer virus, communication failure, cyber theft, destruction or unauthorised access to, amendment or use of, records. İşbank shall not have any responsibility for any direct or indirect losses arising from use, or inability to use, API Portal and/or API and/or the services and contents arising from them, by Users (including but not limited to business / interest / reputation / data / program losses).
Use of an API and/or API Content is subject to reasonable information security policies and procedures, which may not be fully disclosed and may vary from time to time.
When accessing or using an API and/or API Content under this Terms of Use, you, your End Users may not:
a) Modify, obscure, circumvent, or disable any element of an API and/or API Content, or their access control features;
b) Disrupt, interfere with, or adversely impact the access or use of an API and/or API Content by Us or others;
c) Infringe, misuse, or claim ownership of Our intellectual property;
d) Transmit any viruses, worms, defects, Trojan horses, or any other malware through your Application or your access to or use of an API and/or API Content;
e) Use it in connection with other websites or software applications that offers, permits or promotes gambling within the Application;
f) Use it in connection with other websites or software applications that is offensive, abusive, libelous, harassing, threatening, discriminatory, vulgar, pornographic, unethical, unlawful (or that promotes unlawful behavior), or that is otherwise inappropriate as determined by Us in Our sole discretion;
g) Except as expressly authorized by Us, use any robot, spider, retrieval application, or other automated functionality to retrieve or index any portion of Our data, products, or services for any unauthorized purpose
3.10. İşbank shall have the right to delete and change the User account and profile in case of any failure to comply with these Terms of Use. Furthermore, İşbank shall also have the right to take the measures set forth in these Terms of Use, upon any violation of the Terms of Use by the User. Additionally, due to any breach of the Terms of Use by the User, if any dispute with the User or with third persons is brought before judicial authorities, İşbank reserves the right to claim all kinds of compensation from the User and to have recourse to the User.
3.11. If it is determined by İşbank that the API Portal is used by the User in breach of the conditions set out in these Terms of Use and related laws and regulations; İşbank shall have the right to declare that situation to competent authorities and to take all kinds of legal measures in that regard.
3.12. İşbank shall have the right to produce/conceive all kinds of Products and Services relating to its activities, including the Contents included in the API Portal, and/or to purchase others from the User or third persons, to establish partnership with the User or third persons.
4) Information Security and Confidentiality
User agrees and undertakes that it shall keep confidential all information and documents, trade secrets, which come to its knowledge relating to İşbank, during use of API Portal and thereafter, it shall keep them against third persons and shall not disclose, give them to third persons by any means, unless there is a legal requirement, and shall not use them for any purpose other than fulfilment of the obligations arising from the cooperation between them.
As a principle, personal information shared by the User, may not be disclosed. Legal obligations of İşbank, shall be considered out of this obligation.
5) Applicable Law and Jurisdiction
By using the API Portal, the User shall be deemed to have accepted that, in case any dispute occurs in relation to the API Portal, such dispute shall be subject to the Laws of the Republic of Turkey and shall be resolved according to said laws; that İstanbul Central (Çağlayan) Courts and Execution Offices shall have jurisdiction.
I have read, understood the İşbank API Portal Terms of Use and the Processing of Personal Data Information Form and I accept the İşbank API Portal Terms of Use.