Updated on 25 May 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY FORMSOFT YAZILIM HIZMETLERI A.S. (“TDSMAKER, WE, US, OUR, any reference to “TDSmaker”, “WE”, “US”, or “OUR” shall mean Formsoft Yazılım Hizmetleri A.S. and its successors and assigns.). BY VISITING THE WEBSITE OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH SUPPLEMENTAL TERMS NOTIFIED TO YOU FROM TIME TO TIME THAT APPLY TO SPECIFIC SERVICES SELECTED BY YOU (TOGETHER THE “AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF TDSMAKER’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU HAVE ANY QUESTİONS ABOUT THESE TERMS, PLEASE CONTACT US AT info@tdsmaker.com 

Acceptance of Terms

By using the TDSmaker website, products and/or services (collectively, the “Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Your use of this website (the "Site") and the services made available on the Site ("Services") is subject to these Terms of Service (these "Terms"). These Terms apply between you (“User,” "Users," "you," or "your") as the user of the Site and Services and Formsoft Yazilim Hizmetleri A.S. which is the owner of TDSmaker ("TDSmaker," "we," "our," or "us").

Formsoft Yazilim Hizmetleri A.S. (“TDSmaker”) reserves the right to update and change these Terms of Service without notice. Violation of any of the terms below may result in the termination of your account. 

These Terms do not apply to TDSmaker Enterprise Package Subscriptions which are governed by written agreements between TDSmaker and the customer.

To use and/or register for the Service you must be (i) of legal age to form a binding contract with TDSmaker, and (ii) must not be a person barred from receiving the Service under the laws of the Republic of Turkey or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these Terms you represent that you understand and agree to the foregoing.

Privacy and Communications

You acknowledge and agree that TDSmaker may occasionally send you communications regarding your account or the Service via email.

Please refer to the Privacy Policy, which is incorporated into these Terms of Service by reference, for information on how we collect, use and disclose information from our users.

Intellectual property and acceptable use

All Content included on this Site, unless uploaded by Users, is the property of TDSmaker, our affiliates or other relevant third parties. In these Terms, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Site, including any such content uploaded by Users.

By continuing to use the Site you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

You may temporarily download one copy of the materials (information or software) on this Site for personal, non-commercial transitory viewing only. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of TDSmaker.

Site and Service is made available to you, your company, and/or your customers only for personal or commercial use, which use must not infringe or violate third party rights and must be in compliance with all applicable laws, rules and regulations, including laws governing the privacy, security, and cross-border transfers of personal data (including, but not limited to, compliance with the General Data Protection (EU 2016/679) (the “GDPR”) applicable to your business and operations and your use of the Service. Where required, you shall be responsible for collecting verifiable consent (as defined under the GDPR) related to any personal data collected, used, maintained, and shared with TDSmaker, and otherwise have any and all rights required to provide such data to TDSmaker, and ensure that any such data was properly obtained. Any unauthorized use of any TDSmaker Service is a violation of these Terms of Service and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

Prohibited use

You are responsible for all of your activity in connection with Site and Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of Site and Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

You acknowledge that all TDSmaker Content and Your Content (together, “Content”) accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will TDSmaker be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, including without limitation reports generated by the Services, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. You, not TDSmaker, remain solely responsible for all Content, including messages, that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. 

TDSmaker reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed, without refund.

Accounts, Passwords, and Security

You are responsible for maintaining the security of your account and password. TDSmaker cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these Terms.

You may cancel your registration at any time by contacting us. If you do so, you must immediately stop using the Site and Services. Cancellation or suspension of your registration does not affect any statutory rights.

Links to other websites

This Site may contain links to other websites. Unless expressly stated, these sites are not under the control of TDSmaker or that of our affiliates.

We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another website on this Site does not imply any endorsement of the websites themselves or of those in control of them.

Privacy Policy and Cookie Policy

Use of the Site and Services is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these Tems by this reference and which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by TDSmaker’s Privacy Policy.

Fees

TDSmaker will not issue refunds for unused service at any times. Users or customers are able to opt-in to recurring billing at a level set by the user. At the end of the contract term, the contract can be automatically renew indefinitely until explicitly cancelled by the user or can be ended until users or customers upgrade or renew their contract, subscription. Services invoices will not be transmitted automatically, but will be provided in PDF format upon request from our support department.

Cancellation must be issued via the Service.

Availability of the Site and disclaimers

Any online facilities, tools, services or information that TDSmaker makes available through the Site is provided "as is" and on an "as available" basis. We give no warranty that the Site and Services will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. TDSmaker is under no obligation to update information on the Site. Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you.

Whilst TDSmaker uses reasonable endeavours to ensure that the Site and Services are secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers. TDSmaker accepts no liability for any disruption or non-availability of the Site or Services.

TDSmaker reserves the right to alter, suspend or discontinue any part (or the whole of) the Site including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.

Limitation of liability

Nothing in these Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, TDSmaker accepts no liability for any of the following:

  • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
  • loss or corruption of any data, database or software;
  • any special, indirect or consequential loss or damage.

Termination of Service

We reserve the right to terminate your account at any time. You also have the option of canceling your account at any time without penalty. In the event of account cancellation you will lose all data related to your account.

Conditions

We may modify or terminate our Service at any time, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice. Please review these Terms of Service on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party's intellectual property or these Terms of Service. An account terminated by TDSmaker will not be backed-up for any reason and will be immediately deleted from our servers.

General

You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms where we reasonably believe your rights will not be affected.

These Terms may be varied by us from time to time. Such revised terms will apply to the Site and Services from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.

These Terms together with the Privacy Policy and Cookie Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms.

This Agreement shall be governed by and interpreted according to the law of Turkey and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Turkey courts.

Formsoft Yazilim Hizmetleri A.S. Company details

Formsoft Yazilim Hizmetleri A.S. is a company incorporated in Turkey and USA (Delaware) whose registered address is Baris Mah.Dr Zeki Acar Cad. TUBITAK Gebze/ Turkey and 2035 Sunset Lake Road Suit B-219702 Newark Delaware USA and it operates the website www.tdsmaker.com. 

Users with questions about this Agreement or the Privacy Policy may contact TDSmaker at info@tdsmaker.com .

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