Terms and Conditions

Last updated: January 15, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Turkey

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to MIORA Software Solutions.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website and all services provided by MIORA, including but not limited to Shopify development, custom theme development, speed optimization, platform migration, and AI integration services.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to MIORA Software Solutions, accessible from https://miorasoft.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Services Provided

MIORA provides professional e-commerce development and optimization services, including:

  • Shopify store development and customization
  • Custom theme development
  • Shopify speed optimization
  • Platform migration services (WooCommerce, Magento, BigCommerce to Shopify)
  • AI integration and automation solutions
  • E-commerce consulting and strategy

All services are provided subject to these Terms and Conditions and any additional service agreements executed between You and the Company.

Project Terms

Service Delivery

  • Project timelines and deliverables will be outlined in separate project proposals or statements of work
  • The Company will make reasonable efforts to meet agreed-upon deadlines
  • Delays caused by client-side factors (delayed content, feedback, or approvals) may result in timeline adjustments

Client Responsibilities

  • Provide timely feedback and approvals
  • Supply necessary access credentials, content, and materials
  • Maintain backup of all existing data before migration or development work
  • Ensure compliance with third-party platform terms (Shopify, etc.)

Payment Terms

  • Payment terms will be specified in individual project proposals
  • Late payments may result in project suspension or termination
  • Refund policies, if applicable, will be outlined in service agreements

Intellectual Property

Client Content

You retain all rights to content, data, and materials you provide to us. By providing content, you grant us a license to use it solely for the purpose of delivering agreed services.

Developed Work

Upon full payment, you will own the custom code, designs, and materials specifically created for your project. However, we retain rights to:

  • Reusable code libraries and frameworks
  • General methodologies and processes
  • Portfolio rights to showcase completed work (unless specifically restricted by agreement)

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit, including but not limited to Shopify, payment processors, and third-party applications.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. Any outstanding payments for services rendered remain due and payable.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the specific service in question.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The Company is not responsible for any damages, losses, or issues arising from:

  • Third-party platforms (Shopify, payment processors, etc.)
  • Client-provided content or data
  • Acts beyond our reasonable control (hosting failures, third-party service outages)
  • Client’s failure to maintain proper backups

”AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Governing Law

The laws of Turkey, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at hello@miorasoft.com.

For any disputes that cannot be resolved informally, both parties agree to seek resolution through mediation or arbitration before pursuing litigation.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Data Protection and Privacy

MIORA is committed to protecting your personal data in accordance with applicable data protection laws, including GDPR and KVKK (Turkish Personal Data Protection Law).

  • We process personal data only as necessary to provide our services
  • We implement appropriate technical and organizational security measures
  • We do not sell or share personal data with third parties except as necessary to deliver services
  • You have rights to access, correct, or delete your personal data

For detailed information, please refer to our Privacy Policy.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: