Terms of Service & Distance Sales Contract

    FORSICO DISTANCE SALES CONTRACT

    1. PARTIES

    1.1. This Distance Sales Contract ("Contract") has been arranged between the Seller, whose information is given below, and the Buyer who purchased digital products/services from the forsico.io website, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation.

    1.2. Seller Information:

    • Trade Name: FORSICO YAZILIM HİZMETLERİ
    • Address: YENİ BATI MAH. 2386 CAD. HIPODROM ORAY SITESI Kapı No:1A Daire No:2 YENİMAHALLE/ANKARA
    • Telephone: +905545494111
    • Email: info@forsico.io
    • Tax Office and No: ULUS VERGİ DAİRESİ - 9990377505

    1.3. Buyer Information:

    The Buyer is the natural or legal person who makes a transaction and/or purchases the digital service by creating a membership through the forsico.io platform. The information entered by the Buyer into the system will be taken as basis.

    2. DEFINITIONS

    In the application and interpretation of this Agreement, the terms listed below shall have the meanings set forth opposite them:

    • Agreement: This refers to this Distant Sales Agreement.
    • Seller: FORSICO YAZILIM HİZMETLERİ whose information is specified in Article 1.2 of the Agreement.
    • Buyer: Refers to the natural or legal person who makes transactions and/or purchases digital services by creating a membership on the Forsico.io platform.
    • Consumer: A natural person who does not act for commercial or professional purposes.
    • Non-Consumer Buyer: It refers to merchants, tradesmen, public legal entities or natural or legal persons acting for commercial/professional purposes.
    • Digital Service/Product: Digital plans such as Free, Basic, Plus, Business and related software services offered through Forsico.io.
    • Website/Platform: It refers to the website and/or mobile application with the address “forsico.io” belonging to the Seller and used for the sale of digital products/services.
    • Membership/Subscription Plan: Refers to digital service packages such as Free, Basic, Plus, Business, etc. offered by the Seller to the Buyer with certain features and usage periods.
    • VAT: Refers to Value Added Tax.
    • Force Majeure: Refers to events beyond the Seller’s control and unforeseeable in nature, such as natural disasters (e.g., earthquakes, floods, storms), war, acts of terrorism, civil unrest, pandemics, strikes, lockouts, cyberattacks, cybersecurity breaches, internet infrastructure failures, and power outages.
    • Distance Contracts Regulation: Refers to the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and No. 29188.
    • Consumer Protection Law: Refers to the Consumer Protection Law No. 6502 dated 7.11.2013.

    3. SUBJECT MATTER OF THE CONTRACT

    This agreement sets out the principles and procedures regarding the sale and provision of digital service plans (Free, Basic, Plus, Business) offered through forsico.io.

    4. PRODUCT/SERVICE INFORMATION

    The digital plans offered by Forsico.io are as follows, including VAT:

    • Free Plan: Free, 1 editable workspace, 3 users, AI-powered project management
    • Basic Plan: 6 USD per month, 3 workspaces, 30 user limit
    • Plus Plan: 10 USD per month, 20 workspaces, 50 user limit, timeline
    • Business Plan: Custom pricing, on-site installation, 50+ users, 24/7 support

    In the event that these prices and features are updated on the forsico.io website, the prices and features on the website are valid.

    5. DELIVERY AND USE

    5.1. The delivery of digital products/services is realized by identifying them to the user's account following the completion of the payment transaction.

    5.2. The Services are allocated only to the registered user and may not be shared with third parties.

    6. PAYMENT AND INVOICING

    6.1. The payment is made via credit card, debit card and third party payment providers. If payment is made by third-party payment providers, the security of the information is the responsibility of these providers, and no liability shall be attributed to the Seller.

    6.2. When payment is made, the invoice will be generated based on the information provided by the user and will be sent to the e-mail address registered in the Buyer's user account.

    6.3. The selling prices of software subscription plans offered by the Seller are clearly stated on the relevant pages and include all taxes, fees and other legal obligations, including Value Added Tax (VAT) where applicable. If there are any additional costs or charges to be added to the subscription price, such amounts will be clearly and conspicuously notified to the Buyer prior to the payment process.

    7. RIGHT OF WITHDRAWAL AND EXCEPTIONS TO THIS RIGHT

    7.1 he Buyer has the right to withdraw from the subscription service contract concluded within the scope of distance contracts without giving any reason and without incurring any penalty, within 14 (fourteen) days from the date the contract was concluded, pursuant to Article 48 of the Law No. 6502 on the Consumer Protection Law and Articles 10 and 11 of the Distance Contracts Regulation. However, the digital software service subject to this Agreement, provided by the Seller as a digital content provider, is an intangible content service offered through a subscription model, performed instantly in an electronic environment, and initiated immediately upon the Buyer’s explicit consent. In this context, pursuant to Article 15(1)(ğ) of the Distance Contracts Regulation, the Buyer shall not be entitled to exercise the right of withdrawal once the performance of the service has commenced.

    7.2 Before completing the order process, the Buyer declares that he/she expressly and in writing accepts that the performance of the digital service in question will commence immediately and that he/she will therefore lose the right of withdrawal. This declaration is received electronically by checking the box and kept as an integral part of this Agreement. The Buyer accepts and declares that he/she has been informed about this before the order and that he/she has given his/her consent to the service.

    7.3 In order for the Buyer to exercise the right of withdrawal, it is mandatory that access to the service has never been provided, no digital content has been viewed and no use has been started. The Seller reserves the right to examine and evaluate this situation with its technical records upon withdrawal request.

    7.4 In the event that the right of withdrawal is exercised duly and in due time, the refund shall be made, to the extent possible, by the payment method and to the same account used by the user at the time of the order. In cases where a refund cannot be made by the same method due to technical or legal limitations of payment service providers, the Seller may determine an alternative method by contacting the Buyer.

    8. SUPPORT AND UPDATES

    8.1. Technical support may be provided to the Buyer if it is covered by the subscription plan purchased by the Seller. Technical support is limited only to technical problems related to the operation of the platform and does not include intervention in problems arising from improper use of the software.

    8.2. The Seller reserves the right to make enhancements, performance improvements, bug fixes, security updates and new feature additions to the software from time to time. Such updates may be applied with prior notice to the user or automatically on the system.

    8.3 Due to updates being carried out on the system, the support for user requests related to older versions is not guaranteed. The Seller cannot be held responsible for any compatibility problems that may occur after updates.

    8.4 The Buyer is obliged to apply the updates provided by the Seller in a timely manner and to provide accurate and complete information in support requests.

    8.5 Situations excluded from the scope of support are listed below:

    • Problems caused by the Buyer's own infrastructure (hardware, network, third party software, etc.),
    • Problems arising from unlicensed use of the software,
    • Interference or modifications to the Software by the Buyer or unauthorized persons.

    9. LICENSE AND TERMS OF USE

    9.1. The software offered by the Seller is protected under the Law No. 5846 on Intellectual and Artistic Works, and pursuant to this Agreement, the Buyer is granted only a personal, non-exclusive, non-transferable, non-sublicensable and time-limited right of use (simple license). This license is intended solely for the use of the software within the scope of the Buyer's own commercial or organizational activities.

    9.2. The Buyer agrees and undertakes to use the software only within the scope and duration specified in the contract, and not to engage in any actions to the contrary. In this context, the Buyer shall not:

    • Rent, transfer, sell, or lend the software, in whole or in part, to third parties;
    • Copy, reproduce, publicly disclose, or distribute the software;
    • Attempt to analyze the software through reverse engineering, decompilation, disassembly, or similar methods;
    • Engage in any technical intervention that may threaten the security of the software or result in unauthorized access.

    9.3. The Buyer declares that access to the software shall be limited solely to their own account and for individual use, and that no direct or indirect access shall be granted to third parties.

    9.4. Any breach by the Buyer of the above-mentioned obligations shall constitute an infringement of the Seller’s intellectual property rights. In such case, the Seller reserves the right to unilaterally suspend or terminate the license usage.

    9.5. The Buyer accepts, declares, and undertakes to immediately and fully compensate, in cash, any and all, direct or indirect, material or moral damages, including legal expenses and attorney fees, suffered by the Seller due to the Buyer’s violation of the provisions of this Agreement, the applicable legislation, or the license terms. In this context, all rights of the Seller to initiate lawsuits, legal proceedings, and make claims under general provisions are reserved.

    10. TERMINATION OF CONTRACT

    10.1. The Buyer may terminate this Agreement by canceling his/her membership through the account panel at any time, but as stated in Article 7 of this Agreement, no refund of any fee for that period will be made, except in exceptional cases, since the purchased service is digital in nature and is an instantly performed content. The right to use continues until the end of the subscription period.

    10.2. If the Seller determines that the Buyer is using the service in violation of this Agreement, the terms of use, or applicable laws and regulations, the Seller shall have the right to immediately and unilaterally suspend, restrict, or terminate access to the service, or to terminate the Agreement for just cause. In such case, no refund shall be made to the Buyer.

    10.3. Requests for termination of the Agreement shall only be valid if made in writing or through digital cancellation mechanisms provided by the Seller. The Buyer accepts that access to the service will end as of the date the termination request is made, and that no compensation or claim may be made regarding any remaining usage period.

    10.4. The Seller may terminate the Agreement in the event of full discontinuation of the service or a major system-related change by providing the Buyer with reasonable prior notice. In such case, any amount corresponding to the unused period shall be refunded proportionally.

    11. FORCE MAJEURE

    11.1. The Seller shall not be held liable for any failure or delay in the performance of its obligations under this Agreement due to force majeure events (“Force Majeure”), including but not limited to natural disasters (earthquakes, floods, storms, etc.), war, acts of terrorism, civil unrest, pandemics, strikes, lockouts, cyberattacks, cybersecurity breaches, internet infrastructure issues, or power outages—provided such events are beyond the Seller’s control and could not have been reasonably foreseen.

    11.2. During the continuation of a Force Majeure event, the obligations of both parties shall be suspended. If the Force Majeure event persists for more than 30 (thirty) days, the parties may mutually agree to terminate the Agreement.

    12. DISPUTE RESOLUTION

    12.1. Turkish Law shall apply to the resolution of any disputes arising from this Distance Sales Agreement.

    12.2. For Buyers who qualify as consumers (natural persons acting for purposes outside their trade, business, or profession), if the dispute falls within the monetary limits set annually by the Ministry of Trade pursuant to Law No. 6502 on the Protection of Consumers and relevant legislation, the Consumer Arbitration Committees located in the Buyer’s place of residence or the place where the transaction was conducted shall have jurisdiction. If the dispute exceeds these monetary limits, the Consumer Courts in the Buyer’s place of residence or where the transaction was conducted shall have jurisdiction.

    12.3. For Buyers who do not qualify as consumers (such as merchants, tradespeople, public legal entities, or natural/legal persons acting for commercial or professional purposes), the Courts and Enforcement Offices of Ankara shall have exclusive jurisdiction over any disputes arising from this Agreement.

    13. EFFECTIVE DATE

    13.1. The Buyer shall be deemed to have unconditionally accepted all provisions of this Agreement at the moment it is electronically approved on the Seller’s website or mobile application, and the Agreement shall enter into force accordingly.

    13.2. This Agreement shall remain in effect for the duration of the Buyer’s subscription period. In the event that the subscription period expires or the Agreement is terminated for any reason, the parties’ accrued and continuing rights and obligations shall remain in force.

    14. MISCELLANEOUS AND GENERAL PROVISIONS

    14.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements.

    14.2. The Seller reserves the right to unilaterally change the terms of this Agreement. The amendments shall enter into force on the date of their publication on the Seller's website or mobile application. The Buyer is obliged to regularly check the current terms of the Agreement. The Buyer who continues to use the service after the changes enter into force is deemed to have accepted the changes.

    14.3. The Buyer may not transfer its rights and obligations arising from this Agreement to third parties without the written consent of the Seller.

    14.4. The addresses of the Parties specified in Article 1 of the Agreement are the legal notification addresses and notifications made to these addresses shall be deemed valid unless a change of address is notified in writing. Notifications made via electronic mail shall be deemed to have been notified within 24 hours following the date of sending.

    14.5. If any of the provisions of this Agreement is found invalid or unenforceable, this shall not affect the validity and enforceability of the other provisions of the Agreement. The invalid or unenforceable provision shall be amended by interpreting it in the manner most appropriate to the relevant legal regulation and closest to the purpose of the parties.

    14.6. The parties agree that the books and records and computer records of the Seller (e-mail correspondence, system records, website visit records, etc.) shall constitute conclusive evidence in accordance with the Civil Courts Law No. 6100 in disputes that may arise from this Agreement.