1. Introduction

Your use of all our websites and software applications that include or refer to these Terms (collectively, the "roswise® Service"), including access to them, is subject to these Terms, so please read these Terms of Use ("Terms") carefully.

The use of the roswise® Service may be subject to additional terms or conditions to be provided by roswise® and incorporated by reference into these Terms. By registering for or otherwise using the roswise® Service, you agree to these Terms. If you do not agree to these Terms, you must not use the roswise® Service.

Service Provider

These Terms are between you and ROSWISE INFORMATION TECHNOLOGIES CONSULTANCY SERVICES INDUSTRY AND TRADE LIMITED COMPANY.

Age and eligibility requirements

To use the roswise® Service and access any Content, you must:
  (1)   be at least 13 years old (or the equivalent minimum age in your country);
  (2)   if you are under the age of legal responsibility in your country, have obtained permission from your parent or guardian;
  (3)   have the power to enter into a binding agreement with us and not be barred from doing so under applicable laws; and
  (4)   reside in a country where the Service is available. You also promise that any registration information you submit to roswise® is true, accurate, and complete, and you agree to keep it that way at all times. If you are under the age of legal responsibility in your country, your parent or guardian must enter into these Terms on your behalf. You can find more information about minimum age requirements during the registration process. If you do not meet the minimum age requirements, roswise® cannot register you as a user.

2. The roswise® Service We Provide

roswise® Service Options

We offer a variety of roswise® Service options. Some roswise® Service options are provided free of charge, while others require payment before access ("Paid Subscriptions"). In addition, we may offer special promotional plans, subscriptions, or services, including offerings of third-party products and services. These third-party products and services are not our responsibility.

Trial Versions

From time to time, we may offer trial versions of Paid Subscriptions for a specified period without payment or at a discounted rate ("Trial Version"). By using a roswise® Service through a Trial Version, you agree to these Terms.

Third-Party Applications, Devices, and Open Source Software

The roswise® Service may be integrated with or otherwise interact with third-party applications, websites, and services ("Third-Party Applications"), as well as third-party personal computers, mobile phones, tablets, wearable devices, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the respective third party. roswise® does not guarantee that Third-Party Applications and Devices will be compatible with the roswise® Service.

Service Limitations and Changes

We strive to keep the roswise® Service operational and to provide you with a personalized experience. However, our services and their availability may change from time to time and, subject to applicable law, without liability to you; for example:

  • Temporary interruptions in the roswise® Services may occur due to technical issues, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements.
  • We aim to continuously improve and enhance our Services, and we may modify, suspend, or discontinue all or part of the roswise® Service (including specific functions, features, subscription plans, and promotional offers), temporarily or permanently.

If roswise® terminates a Paid Subscription before the end of your Prepaid Period (this term is defined in the Payments and Cancellations section below) and you have made a prior payment directly to roswise® for that Paid Subscription, roswise® will refund the unused portion of your Paid Subscription for the remaining Prepaid Period following such termination. Your account and billing information must be up-to-date in order for us to issue the refund. roswise® is not obligated to issue refunds in connection with internet or other service interruptions or outages caused by actions of public authorities or other third parties, or by circumstances beyond our control.

3. Your Use of the roswise® Service

Creating a roswise® Account

You may need to create a roswise® account to use all or part of the roswise® Service. Your username, password, and similar credentials are for your personal use only and must be kept confidential. You understand that you are responsible for all use of your username and password (including any unauthorized use). If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account, please immediately notify our Customer Support team. roswise® may reclaim or require you to change your username for any reason.

Your Rights to Use the roswise® Service

Subject to your compliance with these Terms (including all applicable terms and conditions), we grant you a limited, non-exclusive, revocable license to access and use the roswise® Service and Content for personal, non-commercial purposes (collectively, "Access"). This Access shall remain in effect until terminated by you or roswise®. The roswise® software applications and Content are licensed, not sold or transferred to you, and all copies of the roswise® software applications and Content remain the property of roswise®.

Payments and Cancellation

Billing

You may purchase a Paid Subscription from roswise® through one of the following methods:
  • By paying a subscription fee in advance on a monthly basis or at another regular interval disclosed to you prior to your purchase, or
  • By making a prepayment giving you access to the roswise® Service for a specific time period ("Prepaid Period").
Tax rates are calculated based on the information you provide and the rate applicable at the time of your monthly billing.

Price and Tax Changes

roswise® may change the fees for Paid Subscriptions, including regular subscription fees and the Prepaid Period (for periods not yet paid), from time to time, and will notify you of any price changes within a reasonable timeframe in advance. Price changes will take effect at the beginning of the next subscription period following the date of the price change. Subject to applicable laws, by continuing to use the roswise® Service after the price change takes effect, you accept the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription before the change becomes effective. Tax rates are based on the applicable rates at the time of your monthly billing. These amounts may vary over time based on the tax requirements in your country, state, or even city. Any changes in tax rates will be automatically applied based on the account information you provide.

Renewal and Cancellation

Except for a Paid Subscription with a Prepaid Period, your payment to roswise® will automatically renew your Paid Subscription at the end of the applicable subscription period unless you cancel your subscription before the end of the current subscription period. For instructions on how to cancel, you can contact our Customer Support team here. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the roswise® Service (you will no longer be able to use the Services, but we will continue to store your data during this period). Unless otherwise stated in these Terms, we do not provide refunds or credits for partial subscription periods.

Right of Withdrawal

If you purchase a Paid Subscription, you acknowledge that you have fourteen (14) days to exercise your right of withdrawal for any reason, and that you must pay us for the services provided up until the point you notify us of your decision to withdraw. You expressly agree that we will begin providing the service to you immediately after your purchase, that you will lose your right of withdrawal, and that you authorize roswise® to charge you automatically each month until you cancel.

4. Content and Intellectual Property Rights

Content You Post on the Service

roswise® users may upload, post, or otherwise contribute content to the roswise® Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials, and other content added, created, uploaded, submitted, distributed, or posted to the roswise® Service.

You are solely responsible for all User Content you post.

With respect to any User Content you post on roswise®, you represent and warrant that (1) you either own the User Content or have the right to post it; (2) the use of such User Content (i) does not violate these Terms, applicable laws, or any third party’s intellectual property rights, or (ii) does not imply any association with or endorsement by roswise® or any group, organization, or individual without their express written consent. roswise® is not responsible for any content posted or shared by you or others via the roswise® Service.

Monitoring User Content

roswise® may, but is not obligated to, monitor or review User Content. roswise® reserves the right to remove or restrict access to any User Content for any or no reason. roswise® may take such actions without prior notice to you.

User Content

To the extent possible and permitted by applicable laws, you agree to waive and not to assert any “moral rights” or equivalent rights in any User Content, including the right to be identified as the author of such User Content and the right to object to derogatory treatment of such User Content.

Feedback

If you provide feedback, ideas, or suggestions in connection with the roswise® Service or any Content ("Feedback"), such Feedback will not be considered confidential, and roswise® may use it without restriction and without payment to you. For the purposes of these Terms, Feedback is considered a type of User Content.

5. Issues and Disputes

Suspending or Terminating roswise® Services

These Terms will remain in effect for you until terminated by either you or roswise®. If we believe you have violated these Terms, or if we stop providing the roswise® Service or any essential component of it to you with reasonable prior notice, or if we consider it necessary to comply with applicable laws, roswise® may terminate these Terms (including any additional roswise® terms and conditions incorporated herein) or suspend your access to the roswise® Service at any time. If you or roswise® violate these Terms or roswise® suspends your access to the roswise® Service, you agree that (unless otherwise stated in these Terms) roswise® will have no liability or obligation to you under applicable laws and will not refund any payments already made. You may terminate these Terms at any time, in which case you must no longer access or use the roswise® Service. To learn how to terminate your roswise® account, please log in and consult our Customer Support resources on the settings page.

Sections 4 (Content and Intellectual Property Rights), 3 (Your Use of the roswise® Service), 2 (roswise® Service We Provide), 5 (Issues and Disputes), and 6 (About These Terms), along with any other sections which by their nature should survive termination, will remain in effect even after termination of these Terms.

Disclaimer of Warranties

roswise® will continue to provide the roswise® Services with reasonable care and skill and in accordance with all features of the roswise® Service provided by roswise®. Subject to this, the roswise® Service is provided "as is" and "as available," without any express, implied, or statutory warranties of any kind. Furthermore, roswise® and all content owners disclaim any express, implied, and statutory warranties regarding satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither roswise® nor any content owner guarantees that the roswise® Service is free of malware or other harmful components. In addition, roswise® makes no representation and disclaims any warranty or liability related to: any third-party applications (or their content), user content, devices, or any product or service advertised, promoted, or offered by a third party on or through the roswise® Service or any linked website. roswise® is not responsible or liable for any transaction between you and third-party providers of the aforementioned services. No advice or information, whether oral or written, obtained by you from roswise®, shall create any warranty on behalf of roswise®. This section will be applied to the maximum extent permitted by applicable law.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or consumer statutory rights, so the above exclusions and limitations may not apply to you and nothing shall affect your statutory rights.

Limitation of Liability and Time Limit for Filing Claims

You agree that your sole and exclusive remedy for any issue or dissatisfaction with the roswise® Service is to uninstall all roswise® software and stop using the roswise® Service. You acknowledge that roswise® has no liability or responsibility for third-party applications or content made available through or in connection with the roswise® Services, and even if your relationship with such third parties is governed by separate agreements, as far as roswise® is concerned, your sole and exclusive remedy for any problems or dissatisfaction with any such third-party applications or content is to uninstall and/or stop using them.

Indemnification

You agree to indemnify and hold harmless roswise® from any reasonably foreseeable damage, loss, and reasonable expense (including reasonable attorneys' fees and costs) arising out of or in connection with the following:
   (1)   your violation of the Terms or any part thereof (including additional roswise® terms and conditions incorporated herein);
   (2)   any User Content you post or otherwise contribute;
   (3)   any activity in which you engage on or through the roswise® Service; and
   (4)   your violation of any law or the rights of a third party.

Governing Law, Mandatory Arbitration, and Jurisdiction

5.1 Governing Law / Jurisdiction

Unless otherwise required under the mandatory laws of the country in which you reside, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) shall be governed by the laws of the Republic of Turkey, without regard to its choice of law or conflict of law principles.

6. About These Terms

You may have certain rights under applicable law that cannot be limited by a contract. These Terms are not intended to restrict those rights in any way.

Changes

We may make changes to these Terms (including other roswise® terms and conditions incorporated by reference herein) from time to time by notifying you of the relevant changes through reasonable means (such as by posting a revised Agreement via the applicable roswise® Service before the changes become effective), and for significant changes, we will attempt to notify you by email, in-service pop-ups, or other methods. The relevant changes will not apply to any dispute between you and us that arose before the date we posted the revised Terms, incorporated the changes, or informed you of the relevant changes. Your continued use of the roswise® Service after any changes to these Terms constitutes your acceptance of the changes. If you do not wish to continue using the roswise® Service under the updated Terms, you may contact us to terminate your account. The effective date listed at the top of this document indicates the last time these Terms were modified.

Entire Agreement

Except as stated in this section or as explicitly agreed upon in writing between you and roswise®, these Terms constitute all the terms and conditions agreed upon between you and roswise® and supersede any prior agreements, whether written or oral, relating to the subject matter of these Terms.

Severability and Waiver

Unless otherwise stated in these Terms, if any provision of these Terms is held to be invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

roswise®'s or any third-party beneficiary's failure to enforce these Terms or any provision thereof shall not constitute a waiver of roswise®'s or the applicable third-party beneficiary's right to do so.

Assignment

roswise® may assign these Terms or any of its rights under these Terms, in whole or in part, and may delegate any of its obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.