Terms of Service

The following expressions used in these Terms shall have the meanings set out opposite them:

• Company: Oquto.
• Platform: all web-based digital menu, ordering, waiter calling, management panel, integration and reporting software offered under the Oquto brand.
• Services: the Platform, installation, menu design and content preparation, QR and NFC hardware, integration and support services, taken as a whole.
• Customer: hotels, cafes, restaurants and similar businesses that establish a subscription relationship with the Company in order to benefit from the Services.
• User: any natural person who visits the website or uses the Management Panel on behalf of the Customer.
• Guest: any person who views and uses the Customer’s digital menu by means of a QR code or NFC tag.
• Content: all data, such as product names, prices, descriptions, images, allergen information and logos, uploaded to the Platform by the Customer or transmitted to the Company.
• Subscription Package: the service package whose scope and fee are specified on the website or in a quotation specific to the Customer.
• Management Panel: the online interface through which the Customer manages its menu, orders, users and reports.

The Company provides services such as the creation and publication of the digital menu, multilingual content support, waiter calling and bill requests, order transmission, POS and PMS integrations, the Management Panel and analytical reports, and the supply of QR and NFC table stands. The scope of the services provided to each Customer is determined by the selected Subscription Package and, where applicable, by a quotation or agreement specific to the Customer.

The promotional content, live demo, sample screens and performance indicators on the website are provided for information purposes. Results such as increases in sales and average check values depend on many factors, including the location, menu and operations of the business, and do not constitute a commitment to any particular result.

The Company may make changes to the features, design and technical infrastructure of the Platform in order to improve the operation of the services. If a core function included in the Subscription Package is removed, the Customer will be informed at least thirty days in advance.

• The Customer acknowledges that the information it provides when creating an account and requesting a quotation is accurate, up to date and complete, and that the person acting on behalf of the Customer is duly authorized to do so.
• The Customer is responsible for the confidentiality of the Management Panel usernames and passwords and for the actions of the users it authorizes.
• The Customer is obliged to notify ⁦destek@oquto.com⁩ immediately upon becoming aware that its account has been used by unauthorized persons.
• Where the Company detects a security risk, it may temporarily restrict access to the relevant account and shall inform the Customer without delay.

• The Services are provided on a subscription basis for monthly or annual periods. Fees are determined on the basis of the package prices announced on the website or the quotation communicated specifically to the Customer; whether taxes are included is indicated separately in the relevant quotation or order form.
• The Company does not charge any commission on the Customer’s orders, turnover or transaction volume.
• Subscription fees are payable in advance at the beginning of each subscription period. For annual payments, the discount specified on the website or in the quotation applies.
• Unless terminated by the Customer before the end of the period, the subscription renews automatically for the same duration and on the same terms.
• The Company reserves the right to change its fees. Changes are notified to the Customer at least thirty days in advance and do not apply until the end of the current subscription period.
• If payment is not made when due, the Company shall grant the Customer an additional period of seven days by written notice; if payment is still not made within that period, the Company may suspend the services until payment is made.
• Services outside the subscription, such as installation, custom design, on-site training, additional hardware and custom integrations, are quoted and charged separately.

A Customer starting a subscription for the first time may terminate its subscription within fourteen days from the start date of the subscription without giving any reason. In that case, the full subscription fee paid is refunded, using the same method by which payment was made, within fourteen days from the date on which the request reaches the Company.

The money-back guarantee covers the subscription fee. Unless otherwise agreed in writing, the price of services and products specifically ordered by and delivered to the Customer, such as personalized table stands, printed materials and on-site installation, is excluded from the refund. In campaigns offering a free trial period, the scope of the trial period and the conditions applicable at its end are specified in the campaign announcement.

• The sample kit is sent free of charge to enable businesses to evaluate stand and NFC products. The Company reserves the right to limit sample kit shipments to one per business and to assess requests subject to stock availability.
• Purchased QR and NFC stands and other hardware are delivered by courier to the address specified by the Customer. Ownership of the products passes to the Customer upon payment of the price in full.
• The Customer must inspect the products received without delay and notify the Company of any defects within the periods prescribed in Article 23 of Turkish Commercial Code No. 6102. Defective products notified in due time are repaired or replaced by the Company.
• Damage resulting from misuse, impact, unauthorized intervention or use for purposes other than those intended is excluded from the warranty.

• The Customer is solely responsible for ensuring that the product names, prices, ingredients, allergen and calorie information and campaigns published on the Platform are accurate and up to date. Content generated with automatic translation and AI-assisted tools must be reviewed by the Customer before publication.
• The Customer is obliged to comply with all legal regulations relating to its activities, in particular the legislation on price labelling, food labelling and consumer information, the sale and promotion of alcoholic beverages, and taxation.
• The Customer undertakes that it holds all necessary rights to the images, logos, texts and other content it uploads to the Platform, and that such content does not infringe the intellectual property, personality or other rights of third parties.
• The Customer is personally responsible for its relationship with its own Guests concerning orders, payments, service and service quality; the Company is not a party to that relationship.
• The Customer agrees to indemnify the Company for any losses incurred by the Company as a result of claims brought by third parties in connection with the Content.

When using the website and the Platform, Users and Customers may not engage in the following actions:

• Publishing content that is contrary to law, public morality or public order, misleading or insulting, or that infringes the rights of third parties;
• Attempting to access the source code of the Platform, reverse engineering, copying or reproducing it, or creating derivative works;
• Attempting to circumvent the security of the systems, gain unauthorized access or access the accounts of other users;
• Distributing malicious software, sending automated requests at a volume that disrupts the operation of the service, or placing excessive load on the infrastructure;
• Using the forms with false information, on behalf of another person or for the purpose of sending unsolicited messages;
• Renting, sublicensing or reselling the Platform to third parties without the written permission of the Company.

In the event of a breach of these prohibitions, the Company has the right to remove the relevant content, suspend access to the account and terminate the agreement for just cause.

The intellectual and industrial property rights in the software, designs, interfaces, texts and images of the website and the Platform, the Oquto trademark and logo, and all other elements belong to the Company or its licensors. The subscription grants the Customer a non-exclusive, non-transferable and non-sublicensable right of use for the duration of the subscription and solely for use in its own business.

Rights in the Content remain with the Customer. The Customer grants the Company a royalty-free permission to use the Content, limited to the duration of the subscription, to the extent necessary for publishing, translating and formatting the Content on the Platform and for providing the service. The Company shall not use the Customer’s name and logo as a reference without the Customer’s separate written consent.

Integrations with third-party software such as POS, billing, hotel management (PMS) and payment systems depend on the technical infrastructure and the terms of use of the respective providers. The Company makes reasonable efforts to establish and maintain integrations; however, it cannot be held liable for disruptions arising from outages, changes or errors in third-party systems. The Customer is responsible for holding the licences and authorizations required for the integration.

The Company takes the technical and administrative measures necessary for the Platform to operate without interruption and free of errors. Planned maintenance is carried out, as far as possible, at times when businesses are not busy and is announced in advance. Interruptions arising from internet infrastructure, hosting providers, Guest devices or other causes beyond the Company’s control are not deemed service interruptions.

Support services are provided by email, telephone and messaging applications, through the channels and within the time frames specified in the Subscription Package.

Information on the personal data processed by the Company in its capacity as data controller is provided in the Privacy Policy and the KVKK Privacy Notice. With respect to Guest data processed through the Customer’s digital menu, the Customer acts as the data controller and the Company acts as the data processor.

The Customer is obliged to inform its Guests pursuant to Law No. 6698 and the related legislation and, where necessary, to obtain their explicit consent. The Company processes Guest data solely in accordance with the Customer’s instructions and for the purpose of providing the service, takes appropriate security measures and informs the Customer without delay upon becoming aware of a data breach. The parties shall, where necessary, enter into a separate data processing agreement.

The parties agree to keep confidential any commercial, financial and technical information that they learn in the course of their contractual relationship and that is expressly designated as confidential or is confidential by its nature, to use such information solely for the purpose of performing the agreement, and not to disclose it to third parties without the written permission of the other party. This obligation shall continue for three years after the termination of the agreement. Information that is publicly available, obtained independently of the other party or required to be disclosed by law is excluded from this obligation.

To the extent permitted by law, the website and the Platform are provided “as is”. The Company is not liable for indirect damages, loss of profit, loss of reputation, loss of data or business interruption. The Company’s total liability arising for any reason is limited to the amount of subscription fees actually paid by the Customer to the Company in the twelve months preceding the event giving rise to the damage.

These limitations do not apply to damages arising from the Company’s wilful misconduct or gross negligence, or in other cases where limitation is not permitted by law.

Natural disasters, epidemics, war, terrorism, strikes, lockouts, fire, general power or internet outages, cyberattacks, decisions of public authorities and similar events beyond the control of the parties are deemed force majeure. The obligations of the parties are suspended for the duration of the force majeure event. If the force majeure event lasts longer than sixty days, either party may terminate the agreement without compensation.

• The subscription relationship remains in force for the selected subscription period and is renewed as set out in these Terms.
• The Customer may terminate its subscription at any time, with effect from the end of the period, via the Management Panel or by written notice to ⁦destek@oquto.com⁩. Fees paid in advance for a period are not refunded, except in cases covered by the 14-day money-back guarantee.
• Either party may terminate the agreement immediately for just cause if the other party breaches its material obligations under these Terms and the breach is not remedied within fourteen days of written notice.
• For thirty days following the termination of the agreement, the Customer may export its Content and reports. At the end of this period, Customer data are erased or anonymized, subject to statutory retention obligations.

The Company may update these Terms in line with changes in legislation, developments in the services or business requirements. The current Terms are published on this page. Material changes to the detriment of Customers are notified by email at least thirty days before they take effect. If the Customer does not accept the change, it may terminate its subscription before the effective date; in that case, the fee paid in advance for the unused period is refunded on a pro rata basis.

Notices between the parties are given by email to the email address registered in the Customer’s account and to the Company at ⁦destek@oquto.com⁩. Unless a change of email address is notified to the other party, notices sent to the previous address are deemed valid. Notices for which the law prescribes written form are given through a notary public, by registered mail with return receipt or by registered electronic mail (KEP).

The parties agree that, in any disputes that may arise from these Terms, the Company’s commercial books, server and system records, Management Panel activity logs and email correspondence shall constitute conclusive evidence pursuant to Article 193 of Code of Civil Procedure No. 6100. The right to submit counter-evidence is reserved.

These Terms are governed by the laws of the Republic of Türkiye. The Istanbul Central (Çağlayan) Courts and Enforcement Offices have jurisdiction over disputes arising from the Terms. For persons who benefit from the Services in the capacity of consumers, the provisions of Law No. 6502 on Consumer Protection and the jurisdiction of consumer arbitration committees and consumer courts are reserved.

• The invalidity of any provision of these Terms shall not affect the validity of the remaining provisions.
• The failure or delay of either party to exercise a right shall not constitute a waiver of that right.
• The Customer may not assign its rights and obligations under these Terms to third parties without the written consent of the Company.
• In the event of a conflict between an agreement or quotation executed specifically with the Customer and these Terms, the provisions of the Customer-specific agreement or quotation shall prevail.
• In the event of a conflict between the versions of these Terms in different languages, the Turkish text shall prevail.

For questions and notices regarding these Terms, you may contact us through the following channels: