This agreement is a contract between the individual or entity (hereinafter referred to as the "USER") who has registered their information on the system by creating a new user account on www.socifly.com, which is a service provider (hereinafter referred to as "SOCIFLY").
1 - SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the provision of the specified paid service between the service provider SOCIFLY and the USER
2 - SOCIFLY INFORMATION
Title: SOCIFLY SOFTWARE LTD.
Address: SERBEST LIMAN VE BOLGE P.O. Box: 1388 - FAMAGUSTA / CYPRUS (TRNC)
Phone: 0850 241 1 444
3 - USER INFORMATION
The USER undertakes to ensure the accuracy of the information provided during the registration to SOCIFLY. The USER is obliged to update the information provided during registration upon SOCIFLY's request.
4 - DESCRIPTION OF THE SERVICE
SOCIFLY will provide a license service for the use of the InstaFly, InstaKlon, and XFly software applications within its scope.
InstaFly is a software developed to automate actions on the Instagram platform. The USER performs actions such as likes, follows, comments, and post sharing on Instagram automatically using InstaFly. The InstaFly license service is provided in monthly, quarterly, semi-annual, and annual license packages.
InstaKlon is software developed to automatically repost shared posts on the Instagram platform to other accounts. The InstaKlon license service is provided in monthly, quarterly, semi-annual, and annual license packages.
XFly is software developed to automate actions on the X (Twitter) platform. The USER performs actions such as likes, follows, comments, and post sharing on X (Twitter) automatically using XFly. The X (Twitter) license service is provided in monthly, quarterly, semi-annual, and annual license packages.
ThsFly is a software developed to automate actions on the Threads platform. The USER performs actions such as likes, follows, comments, and post sharing on Threads automatically using ThsFly. The ThsFly license service is provided in monthly, quarterly, semi-annual, and annual license packages.
5 - OBLIGATIONS OF THE PARTIES
5.1- SOCIFLY will primarily use the billing address and email address in the USER's membership profile on SOCIFLY for all kinds of communication. The responsibility for the validity of these addresses belongs to the USER. In case of the USER's email or billing address being outdated or not used, the USER will be responsible for all material and moral damages, including damages that may be suffered by third parties.
5.2- The USER declares that the information provided to SOCIFLY is accurate, up-to-date, and in use. In case of any harm arising from incorrect, incomplete, or outdated information, the USER is responsible.
5.3- Confirmation of this agreement in electronic form and payment of the service fee are required for the provision of the contracted service. In case the service fee is not paid for any reason or is canceled in the bank records, SOCIFLY will be considered relieved of the obligation to provide the service.
5.4- SOCIFLY undertakes that all information provided to it within the scope of this agreement is confidential information, and it will not disclose these confidential pieces of information to third parties or allow their use by any third party other than the authorities authorized by law, and it will take the necessary care to keep this information confidential.
5.5- SOCIFLY will not be held responsible for any problems such as crashes, access restrictions, account closure, account suspension, etc., that may occur on the Instagram or X (Twitter) application or website due to the social media-based nature of the service provided.
5.6- The USER acknowledges and declares that they will prepare the content of the social media account they manage, that the content and actions will not violate the current laws, will not target private or public institutions, will not violate the rights of third parties/entities, and that, in any case, they are solely responsible for all aspects of account management.
5.8- SOCIFLY is obliged to provide the service content purchased by the USER in full. In the presence of problems such as follow issues, like issues, comment posting issues, private message sending issues, and posting issues on the Instagram or X (Twitter) application or website, it cannot be claimed that the service is incomplete.
5.9- The limit clause in the service plans published on SOCIFLY indicates the quota on the SOCIFLY side. It cannot be claimed that the service is incomplete due to limit issues on the Instagram or X (Twitter) application or website.
5.10- The USER cannot lease or transfer the right to use the service. Otherwise, without the need for any legal warning or notice, the USER accepts, declares, and undertakes that they may be obliged to pay a penalty equal to the minimum contract fee.
5.11- The USER agrees not to engage in behaviors that will damage SOCIFLY, SOCIFLY users, commercial reputation, and respectability. In such cases, SOCIFLY reserves the right to unilaterally terminate the agreement.
5.12- The security and use of the information that the USER must have are the responsibility of the USER. The USER is obliged to immediately inform SOCIFLY if these information is stolen or changed in any way, and the USER accepts and declares in advance that SOCIFLY cannot be held responsible for any damages arising from the delay or negligence in notification.
5.13- SOCIFLY will inform the subscriber by e-mail 2 (two) days in advance of the maintenance/repair work it will perform on its systems.
5.14- SOCIFLY is obligated to keep the information it has acquired from the USER within the scope of this agreement and is subject to all obligations in accordance with the Personal Data Protection Law (KVKK).
6 - SERVICE START DATE
6.1- The start date of the service is the date the USER makes the payment. The duration of the service is as long as the period selected by the USER when making the payment.
6.2- If one of the parties does not notify the other party of the termination request at least 15 (fifteen) days before, or if the payment continues to be made without the need for notification to SOCIFLY by the USER, the contract will automatically extend under the same conditions for the period selected when making the payment. SOCIFLY reserves the right to change the terms and conditions of the contract and reflect any changes in fees that may occur to the new period.
6.3- The USER is obliged to notify SOCIFLY by e-mail within 10 (ten) days of the notification of SOCIFLY's request for a change in the contract terms. Otherwise, the contract will automatically extend for 1 (one) month on the basis of SOCIFLY's new terms. The customer accepts and undertakes that after this period, the customer cannot claim that he was not informed of the changes made by SOCIFLY or that he did not
7 - PAYMENT
7.1- SOCIFLY reserves the right to change prices without prior notice. The USER accepts and undertakes any changes that may arise regarding these changes.
7.2- In the case of payments made by wire transfer, after the USER has notified SOCIFLY of the transfer, SOCIFLY will activate the service as soon as possible and inform the USER.
7.3- SOCIFLY receives credit card payment and card storage services from PARAM (TURK Elektronik Para A.S.). SOCIFLY is not responsible for any issues the USER may experience with credit card payments and card storage. The USER must immediately report any issues to SOCIFLY, and SOCIFLY must inform PARAM (URK Elektronik Para A.S.) on behalf of the USER.
7.4- SOCIFLY reserves the right to terminate the service covered by the contract immediately, without notice, without any additional obligations, and without any warning or notice, unilaterally and without compensation, until the USER completes the payment process.
7.5- All taxes and fees arising from this agreement are the responsibility of the USER.
8 - FORCE MAJEURE
8.1- Events beyond the control and will of the Parties, preventing or delaying the fulfillment of obligations under this contract, unforeseeable in advance and beyond reasonable control, including but not limited to;
a. Earthquakes, fires, floods, natural disasters, etc.
b. War, civil war, terrorist acts, etc.
c. Possible electronic failures (Hardware failures)
d. Periodic maintenance or improvement works (Periodic maintenance is carried out by announcing at least 4 days in advance, and emergency interventions or situations posing a security problem may be implemented without notice)
e. Interruptions or failures in telecommunication lines, network attacks, network density, or other failures
f. The cessation of Instagram service by the main service provider META company, or the cessation of X (Twitter) service by X Corp company, will be considered as force majeure.
8.2- In the event of force majeure, the party experiencing such an event must immediately notify the other party without delay. If such a situation arises, the parties will jointly assess and determine the measures to be taken and implement them together. The parties will not be held responsible for the inability to fulfill their obligations in full or on time due to force majeure. If the force majeure persists for 1 (one) week and the parties do not decide otherwise, each party will have the right to terminate the contract.
9 - CONFIDENTIALITY
9.1- The parties agree not to disclose each other's information to any third party or organization without the knowledge of the other party, both in writing and verbally, and not to use this information in any way outside the contract.
9.2- The parties undertake, declare, and commit not to violate the relevant confidentiality provisions in any way after the termination of this agreement, regardless of how it ends.
9.3- The information mentioned above will not be considered within the scope of this article if it has been previously disclosed to the public or if it has been requested by official authorities.
10 - OTHER RIGHTS AND LIMITATIONS
Reverse Engineering Process: The USER cannot subject all services offered under the name SOCIFLY to the reverse engineering process, disassemble them, or access the source codes used. The USER is responsible for all damages arising from this.
Separation into Parts: All programs offered under the name SOCIFLY are licensed as a single product on this site. Unless otherwise specified in the service contract, the USER cannot use the service purchased under the name SOCIFLY on multiple computers.
Transfer of the Program and License: The USER can transfer the service purchased on SOCIFLY to another SOCIFLY user through the license panel.
Transfer Restriction: Services with less than 7 days of usage and services purchased at a discounted rate cannot be transferred to another user. Services where the transfer of the license number or USER account is detected will be permanently suspended without notifying the USER.
Termination: If the USER acts contrary to the terms of this agreement, SOCIFLY can terminate this agreement without causing any harm to any other rights. In this case, the USER will destroy all copies of all programs sold under the name SOCIFLY, along with all other parts.
11 - COPYRIGHT
In case of any violation of the terms of this agreement regarding all services and tools offered under the name SOCIFLY, the user will bear legal and penal responsibilities. However;.
a. The USER can copy only a backup or archive copy of all tools offered under the name SOCIFLY, or
b. The USER can copy all tools offered under the name SOCIFLY to a single computer and keep the original for backup or archival purposes.
12 - REFUND AND EXCHANGE
SOCIFLY will not refund the license fee for services purchased by the USER and software downloaded to the USER's computer under any circumstances (including the termination and/or blocking of the websites whose source/infrastructure it uses), and will not exchange it for another software license.
SOCIFLY will only process the USER's refund request if the USER has not downloaded the software associated with the service after the purchase.
Since downloaded software to the USER's computer falls under services that occur instantly in the electronic environment, the right of withdrawal is not considered valid by the Consumer Arbitration Board.
13 - CRACK AND HACK ATTEMPTS
It is prohibited to crack all services offered under the name SOCIFLY, or to illegally access or attempt to access the website or database. In case of detecting such attempts, SOCIFLY reserves the right to resort to legal and penal measures.
14 - SUPPORT AND ASSISTANCE
SOCIFLY will provide support for all services and products purchased by the USER through the SUPPORT REQUESTS section on the website (www.socifly.com). Support will not be provided via phone, email, or different websites.
SOCIFLY will respond to support requests from the USER as soon as possible. SOCIFLY does not commit to a specific response time for support requests.
The USER acknowledges that SOCIFLY has no responsibility if they can be reached under any name or title outside the SOCIFLY website and share personal information, password, or information considered private.
15 - SOFTWARE LIABILITY AND USAGE VIOLATION
The responsibility for the use of all services and software offered under the name SOCIFLY belongs to the USER who makes the purchase. SOCIFLY and the software it uses cannot be held responsible for any damage caused by the misuse of SOCIFLY tools on service provider websites. By purchasing any service or software under the name SOCIFLY, the USER is considered to have accepted this article.
16 - STORAGE OF INFORMATION AND SECURITY
15.1- The USER makes payments for all products purchased through SOCIFLY using the bank transfer, wire transfer or credit card payment system.
15.2- SOCIFLY commits not to store any payment information (IBAN number, credit card details) belonging to the USER.
15.3- SOCIFLY issues an invoice for all payments made by the USER, based on the invoice information recorded by the USER, within a maximum of 7 business days and sends it digitally to the registered email address.
15.4- SOCIFLY securely stores the invoice information of the USER in the database and does not share it with third parties except for legal authorities.
17 - MANDATORY CHANGES IN INFRASTRUCTURE AND TERMINATION OF RESOURCES
All services and software sold under the name SOCIFLY use the infrastructure of the site/application/webpage (Instagram or X (Twitter)) they serve. In case of the irreversible change of the site's/application's/webpage's infrastructure (blocking tools, blocking entries, blocking actions such as following, liking, commenting, private messaging, uploading images, and deleting images), preventing various uses of resources (site access restriction, IP blocking, user blocking, user profile banning), and termination of resources (closing the site/application, stopping the service, blocking within the country), the USER cannot claim any rights or request a refund.
SOCIFLY cannot be held responsible for the mandatory changes in the infrastructure and termination of resources of the site/application/webpage it serves (Instagram or X (Twitter)).
18 - RIGHT OF WITHDRAWAL
Since this agreement is within the scope of the Distance Sales Contract Regulation for services performed instantly in the electronic environment, the USER cannot exercise the right of withdrawal.
19 - FINAL PROVISION
This Agreement consists of 19 (nineteen) articles and subheadings and has been read, understood, and signed by the parties.
Every user using the SOCIFLY website and services is deemed to have accepted this User Agreement.