1. Introduction

Please read these Terms of Use (“Terms”) carefully, as your use of all our websites and software applications that include or are linked to these Terms (collectively, the "roswise® Farm Management System Service")—including accessing them—is subject to these Terms.

Your use of the roswise® Farm Management System Service may be subject to additional terms or conditions provided by roswise® Farm Management System, which are hereby incorporated by reference into these Terms. By registering for or otherwise using the roswise® Farm Management System Service, you agree to these Terms. If you do not agree to these Terms, you must not use the roswise® Farm Management System 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® Farm Management System Service and access any Content, you must:
  (1)   be 13 years of age (or the equivalent minimum age in your country) or older;
  (2)   have permission from your parent or legal guardian if you are under the age of legal responsibility in your country;
  (3)   have the authority to enter into a binding contract 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® Farm Management System is true, accurate, and complete, and you agree to keep it that way at all times. If you are under the legal age of responsibility in your country, your parent or legal guardian must accept these Terms on your behalf. Additional information about minimum age requirements may be provided during the registration process. If you do not meet the minimum age requirements, roswise® Farm Management System cannot register you as a user.

2. The roswise® Farm Management System Service We Provide

roswise® Farm Management System Service Options

We offer a variety of roswise® Farm Management System Service options. Some 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 those involving third-party products and services. Such products and services provided by third parties are not our responsibility.

Trial Versions

From time to time, we may offer trial versions of Paid Subscriptions for a limited period either free of charge or at a discounted price ("Trial Version"). By using a roswise® Farm Management System Service through a Trial Version, you are deemed to have accepted the Terms.

Third-Party Applications, Devices, and Open-Source Software

The roswise® Farm Management System 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 by the applicable third party. roswise® Farm Management System does not guarantee that the Third-Party Applications and Devices will be compatible with the roswise® Farm Management System Service.

Service Limitations and Changes

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

  • Temporary interruptions may occur due to technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements.
  • We aim to continually improve and enhance our Services and may modify, suspend, or discontinue the roswise® Farm Management System Service (in whole or in part), including certain functions, features, subscription plans, and promotional offers (either temporarily or permanently).

If you have paid roswise® Farm Management System in advance for a Paid Subscription (this term is defined in the Payments and Cancellations section below) that roswise® Farm Management System terminates before the end of your Prepaid Period, roswise® Farm Management System will refund the prepaid fees for the unused portion of your current Paid Subscription after such termination. To complete the refund, your account and billing information must be up to date. roswise® Farm Management System is not obligated to issue refunds related to interruptions or failures of internet or other services caused by acts of authorities or third parties, or by circumstances beyond our control.

3. Your Use of the roswise® Farm Management System Service

Creating a roswise® Farm Management System Account

You may need to create a roswise® Farm Management System account to use all or part of the roswise® Farm Management System Service. Your username and password, etc., 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 notify our Customer Service team immediately. roswise® Farm Management System may reclaim or require you to change your username for any reason.

Your Rights to Use the roswise® Farm Management System Service

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

Payments and Cancellations

Billing

You can purchase a Paid Subscription from roswise® Farm Management System through the following methods:
  • By paying a subscription fee in advance on a monthly basis or another recurring interval disclosed to you prior to your purchase, or
  • By making a one-time upfront payment that grants you access to the roswise® Farm Management System Service for a specific 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® Farm Management System may change the fees for Paid Subscriptions, including recurring 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 time in advance. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use the roswise® Farm Management System Service after the price change takes effect, you accept the new price. If you do not agree to a price change, you may reject the change by canceling your Paid Subscription before the price change takes effect.
Tax rates are based on the rate applicable at the time of your monthly billing. These amounts may change over time based on tax requirements in your country, state, or city. Any changes to tax rates will be automatically applied based on the account information you provide.

Renewal and Cancellation

Except for a Paid Subscription for a Prepaid Period, any payment you make to roswise® Farm Management System will automatically renew at the end of the current subscription period unless you cancel your Paid Subscription before the end of that period. For instructions on how to cancel, you can contact our Customer Support team here. The cancellation will take effect the day after the current subscription period ends, and you will be downgraded to the passive version of the roswise® Farm Management System 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 have fourteen (14) days to exercise your right of withdrawal for any reason, and you agree that you must pay us for the services provided up until you notify us of your change of mind. You explicitly acknowledge that the service will be provided to you immediately after your purchase, that you will lose your right of withdrawal, and that you authorize roswise® Farm Management System to automatically charge you each month until you cancel.

4. Content and Intellectual Property Rights

Content You Post on the Service

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

You Are Solely Responsible for All User Content You Post

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

Monitoring of User Content

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

User Content

To the extent possible and permitted under applicable law, you also agree to waive and not to enforce any “moral rights” or equivalent rights you may have 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, including Feedback.

Feedback

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

5. Issues and Disputes

Suspending or Terminating roswise® Farm Management System Services

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

Sections 4 (Content and Intellectual Property Rights), 3 (Your Use of the roswise® Farm Management System Service), 2 (The roswise® Farm Management System Service We Provide), 5 (Issues and Disputes), and 6 (About These Terms), as well as any other provisions that by their nature should survive the termination of the Terms, will remain in effect even after the Terms have been terminated.

Disclaimer of Warranties

roswise® Farm Management System will continue to provide the roswise® Farm Management System Services with reasonable care and skill and in accordance with all features of the roswise® Farm Management System Service provided by roswise®. Subject to this, however, the roswise® Farm Management System Service is provided "as is" and "as available", without any express, implied, or statutory warranties of any kind. In addition, roswise® Farm Management System and all content providers expressly disclaim any and all warranties of satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement, whether express, implied, or statutory. Neither roswise® Farm Management System nor any content provider guarantees that the roswise® Farm Management System Service will be free of malware or other harmful components. Furthermore, roswise® Farm Management System makes no representation, warranty, or assumes any responsibility for any third-party application (or its content), user content, device, or any product or service advertised, promoted, or offered by a third party through or via the roswise® Farm Management System Service or any hyperlinked website, and roswise® Farm Management System is not responsible or liable for any transaction between you and third-party providers of the above. No advice or information, whether oral or written, obtained by you from roswise® Farm Management System shall create any warranty on behalf of roswise® Farm Management System. This section will be enforced to the fullest extent permitted by applicable law.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of consumers. In such cases, these exclusions and limitations may not apply to you, and nothing in this agreement shall affect your statutory rights.

Limitation of Liability and Time to File a Claim

You agree that your sole and exclusive remedy for any issue or dissatisfaction with the roswise® Farm Management System Service is to uninstall all roswise® Farm Management System software and stop using the roswise® Farm Management System Service. You acknowledge that roswise® Farm Management System has no liability or responsibility for any third-party applications or content made available through or in connection with the roswise® Farm Management System Services; and even though your relationship with such third parties may be governed by separate agreements with those third parties, your sole and exclusive remedy with respect to roswise® Farm Management System for any issues or dissatisfaction with third-party applications or content shall be to uninstall and/or stop using such third-party applications.

Indemnification

You agree to indemnify and hold harmless roswise® Farm Management System from and against any reasonably foreseeable damages, losses, and reasonable expenses (including reasonable attorney’s fees and costs) arising out of or in connection with:
   (1)   your violation of the Terms or any part thereof (including any additional roswise® Farm Management System 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® Farm Management System Service; and
   (4)   your violation of any law or the rights of a third party.

Governing Law, Mandatory Arbitration, and Jurisdiction

5.1 Applicable Law / Jurisdiction

Unless otherwise required by the mandatory laws of your country of residence, 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 choice or conflicts of law principles.

6. About These Terms

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

Changes

We may occasionally make changes to these Terms (including other roswise® Farm Management System terms and conditions incorporated herein by reference) by informing you of the relevant changes in a reasonable manner (such as by posting a revised Agreement through the current roswise® Farm Management System Service, and, for significant changes, by using additional methods like email, in-service pop-up notifications, or other means before the changes take effect). These changes will not apply to any dispute between you and us that arose prior to the date we published the revised Terms or notified you of the changes. By continuing to use the roswise® Farm Management System Service after any changes to these Terms, you accept the revised Terms. If you do not wish to continue using the roswise® Farm Management System Service under the updated Terms, you may contact us to terminate your account. The effective date listed at the beginning of this document indicates when these Terms were last modified.

Entire Agreement

Except as stated in this section or as explicitly agreed in writing between you and roswise® Farm Management System, these Terms constitute all the terms and conditions agreed upon between you and roswise® Farm Management System and supersede any prior agreements, whether written or oral, in relation 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 will remain in full force and effect, and the invalid or unenforceable provision will be enforced to the fullest extent permitted by law.

Any failure by roswise® Farm Management System or any third-party beneficiary to enforce these Terms or any provision thereof will not constitute a waiver of roswise® Farm Management System's or the applicable third-party beneficiary’s right to do so.

Assignment and Transfer

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