Distance Sales Agreement

WARNING: As required by the relevant legislation, please print the agreement below in 12-point bold font and read it. In addition, every customer who registers on our website and makes a purchase is deemed to have read and accepted all articles of the sales agreement below, prepared by us, without the need for any further notice.

This agreement is made, for the licenses (hereinafter referred to as the LICENSE) of the InstaFly, XFly, InstaKlon and Sociclon software (hereinafter referred to as the SOFTWARE) offered for sale under the name Socifly, all rights of which belong to SOCIFLY YAZILIM TEKNOLOJİ TİCARET LİMİTED ŞİRKETİ, between SOCIFLY YAZILIM TEKNOLOJİ TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as the SELLER) and the natural or legal person whose identity details are given below and who purchases the software license (hereinafter referred to as the BUYER). It is protected by Law No. 556 on the Protection of Trademarks and international patent rights agreements. None of the programs offered for sale under the name Socifly may be used free of charge. Upon purchase, a license right (right of use) is granted for 1 (one) computer for the specified period.

ARTICLE 1 - SUBJECT

The subject of this agreement is to determine the rights and obligations of the parties, in accordance with Law No. 4077 on the Protection of Consumers, the Regulation on Distance Contracts and other relevant legal provisions, regarding the sale and delivery of the service whose characteristics and sales price are specified below and which the SELLER sells to the BUYER.

ARTICLE 2 - FORMATION OF THE AGREEMENT

2.1. The BUYER accepts that they have read and understood the agreement and are aware of their rights and obligations.

2.2. The SELLER and the BUYER accept that there is no disproportion between the obligations agreed in the agreement, that the mutual obligations are appropriate to the nature of the work, and that they have no inexperience regarding the transactions within the scope of the agreement.

2.3. The BUYER accepts that they are fully convinced that the transactions within the scope of the agreement are in their own interest, and that they will comply with all terms of their own free will, without any difficulty or hardship, deliberately, willingly and knowingly.

2.4. The SELLER and the BUYER accept that the provisions of the agreement do not have the characteristics of unfair terms and that there is no unfairness in terms of the balance of interests.

2.5. The provisions of this agreement do not contain any unfair terms under the provisions of the regulation on unfair terms in consumer contracts. The provisions do not violate the rules of honesty and good faith and have been prepared in accordance with consumer protection legislation.

2.6. The provisions of this agreement have also been prepared taking into account the provisions of the Turkish Code of Obligations No. 6098. The binding force and content review stipulated in Article 21 of the Turkish Code of Obligations has been carried out by the buyer. None of the provisions of this agreement is foreign to the nature of this agreement and the characteristics of the work (surprising terms). The provisions of this agreement are written clearly and comprehensibly and do not have more than one meaning.

ARTICLE 3 - SELLER INFORMATION

Title: SOCIFLY YAZILIM TEKNOLOJİ TİCARET LİMİTED ŞİRKETİ
Address: Şakirbey Küme Evleri, No: 8, Biga / Çanakkale / Türkiye
Tax Office / No: Biga / 7721770886
MERSIS No: 0772177088600001
E-mail: info@socifly.com
Phone: +90 (850) 241 1 444

ARTICLE 4 - BUYER (CONSUMER) INFORMATION

The BUYER information consists of the name and surname or title, address, Turkish ID or tax number and phone number registered in the BUYER's membership account at the time of the order.

ARTICLE 5 - INFORMATION ON THE SERVICE SUBJECT TO THE AGREEMENT

The type, duration, quantity and sales price of the service are as specified on the payment page during the order and in the issued invoice. The service is delivered electronically upon confirmation of the payment.

Type of Service: Software license belonging to SOCIFLY YAZILIM TEKNOLOJİ TİCARET LİMİTED ŞİRKETİ

ARTICLE 6 - GENERAL PROVISIONS

6.1. The BUYER declares that they have read and are informed of all preliminary information regarding the basic characteristics, sales price, payment method and delivery of the service subject to the agreement specified in Article 5, and that they have given the necessary confirmation electronically.

6.2. For the delivery of the service subject to the agreement, this agreement must be confirmed electronically and the price of the order subject to the agreement must be paid. If for any reason the product price is not paid or is cancelled in the bank records, the SELLER is deemed released from the obligation to deliver the service.

6.3. If the BUYER's payment obligation under this agreement is not fulfilled in any way, the SELLER may initiate enforcement proceedings, file a debt collection lawsuit and apply to other legal remedies in order to collect the uncollected service price, based on the price on the delivery date of the service and together with interest at the rates stipulated in the agreement.

6.4. The BUYER accepts that they purchased the service at the price shown on the site during the sales transaction. They cannot request the application of prices valid in other systems or the difference in case of a price change.

6.5. In case of misuse of the SOFTWARE, the SELLER and the SOFTWARE cannot be held responsible for any damage caused on the service provider websites (Instagram, Twitter).

6.6. In case the SOFTWARE subject to this agreement is changed, developed or renewed, the provisions of this agreement remain valid unless abolished by a new agreement concluded between the parties.

ARTICLE 7 - RIGHTS AND OBLIGATIONS OF THE BUYER

7.1. The BUYER accepts and undertakes to install the LICENSE on only one computer and to use it within the period determined by the BUYER.

7.2. The BUYER accepts and undertakes that they may copy the LICENSE to another computer or save it to a recording device only for the purpose of storing information.

7.3. The BUYER accepts and undertakes not to share the LICENSE between different computers or use it simultaneously.

7.4. The BUYER may not subject the SOFTWARE to reverse engineering.

7.5. The BUYER may not rent the SOFTWARE to third parties.

7.6. The BUYER may transfer the LICENSE provided that the SELLER is notified. However, if less than 7 days of the LICENSE usage period remain or if the BUYER purchased the LICENSE at a discount, the BUYER accepts and undertakes not to transfer the LICENSE. Otherwise, the SELLER reserves the right to cancel the LICENSE.

7.7. The BUYER will obtain updates of the SOFTWARE free of charge through the program.

ARTICLE 8 - RIGHTS AND OBLIGATIONS OF THE SELLER

8.1. The SELLER accepts to fulfil the BUYER's transfer request, except in the cases listed in the second sentence of Article 7.6.

8.2. The SELLER does not claim or undertake that the SOFTWARE it develops is error-free, flawless and perfect, or that it will fully meet the special requests of the user.

8.3. The SELLER is not responsible for any damage that may arise during the use of the SOFTWARE from obtaining support from any third natural/legal person other than the SELLER's authorized staff.

ARTICLE 9 - MANDATORY CHANGE OF INFRASTRUCTURE AND TERMINATION OF RESOURCES

9.1. The SOFTWARE uses the infrastructure of the site/application/website it serves (Instagram, Twitter, Facebook). The BUYER accepts and declares that there is always a risk of encountering an unresolvable change in the site/application/website whose infrastructure it uses (Instagram, Twitter, Facebook) (blocking of tools, blocking of logins, blocking of following, liking, commenting, private messaging, image uploading, image deletion and all other actions), the prevention of the use of its resources in various ways (site access ban, IP block, user blocking, banning of the user profile), or the termination of its resources (closure of the site/application, suspension of its service).

9.2. In the event that any of the situations listed in Article 9.1 occurs, the BUYER accepts, declares and undertakes that they will not claim any rights against the SELLER and will not request a refund.

ARTICLE 10 - RIGHT OF WITHDRAWAL

10.1. The BUYER cannot exercise the right of withdrawal after the activation of the license and/or additional licenses for software services purchased through www.socifly.com (installation of the license on any computer) or after the usage period of the software has expired.

Every BUYER who makes a purchase through SOCIFLY is deemed to have accepted this Distance Sales Agreement.

This English text is a translation provided for information purposes; in case of any discrepancy, the Turkish version shall prevail.