1. Parties:

Offensify is a web store established by Barikat İnternet Güvenliği Bilişim Tic. A.Ş., and provision of the produced goods, products and services of this store by Barikat İnternet Güvenliği Bilişim Tic. A.Ş. and/or other companies shall only be subject to these General Conditions of Sale, unless otherwise agreed by a written agreement. In the event that you hereby agree to this agreement on Conditions of Sale, you will have concluded a contract with Barikat İnternet Güvenliği Bilişim Ticaret A.Ş., residing at Mustafa Kemal Mah. Dumlupınar Bul.No:164 Kent Park Ofis, Kat:4 D:06 06510, Çankaya/ ANKARA.

2. Definitions:

“Seller”: means Barikat İnternet Güvenliği Bilişim Ticaret A.Ş.

“Buyer or User”: means the person, company, entity that places an order;

“Store” means online and retail platforms providing you with the opportunity to review, view, purchase, rate and evaluate contents, applications, cyber security software products, services and more;

“Products”, Goods defined in the offer of the Seller;

“Services” means Offensify services defined in the offer of the Seller;

“GCoS”: means the text of “General Conditions of Sales”. GCS may be amended and updated by the seller anytime to be effective in the future. A valid copy of GCS is published at the home page of the Seller at any time.

3. Subject of Agreement:

These General Conditions of Sales (GCoS) include the use of Offensify Store and other services included in these conditions of sale. Offensify Store provides the users with various downloading platforms, software, hardware, coding and design as well as access to various sources regarding a number of services and commercial products. The majority of the contents, applications and products provided in the Offensify Store are products offered by legal entities outside Offensify. Buyer represents, agrees and undertakes to accept products and services purchased or provided from the Store and the general conditions of sales, as well as Privacy Statement of Offensify and the relevant terms and conditions at the Store and legal warnings, briefly “Store Policies”.

4. Creating Membership Account:

In the event that the Store requires creating a membership account, the buyer shall be obliged to register by filling in the registration form fully and accurately. Another condition of signing up is to accept the service agreement of terms of use. Logging in to access the Store and the contents and applications purchased from the Store shall be subject to the applicable conditions for Offensify account. The user shall be exclusively responsible for confidentiality of the account information and password as well as any activity performed under the account.

5. Products and Services Provided by the Users to Offensify:

. The Users may provide Offensify with suggestions and feedback, and another Store with contents and applications to be reviewed by the others. Offensify cannot claim property on such data provided by the users. However; Offensify shall have the right to use, publish, process, adapt, reproduce ad distribute any Content of User on a media, including your name, irrevocably and perpetually throughout the world on a royalty-free basis with the right to grant sub-license.

6. Contents of Third Parties and Links to the Websites:

Offensify may contain links and directions to the websites of third parties in order to facilitate the activities in the Store and to offer access options. Such linked sites are not controlled by Offensify, and inclusion of a link shall not mean its approval by Offensify. Offensify shall not have any liability regarding its use of the content in the abovementioned links.

7. Payment Methods and Invoice

The payment shall be made as follows, without any set-off, counter claim and deductions (when and to the extent non-excluded as per the applicable laws) and unless otherwise stated by the Finance Department of the Seller:

• The authority to use the method of payment must be justified, and it must be declared that the payment information provided are complete and accurate.

7.1. For payment and invoice; You must be fully state your account information, e-mail address along with your credit card information. You can thereby complete your transaction quickly, and you may be contacted with regard to your transaction when required. Applicable products and services may vary depending on your area or device. In order to complete the purchase, you must have a geographically valid invoice and delivery address in the country or the area where the Store in question is located.

The method of application for the price may be subject to the following solutions upon request of the users; “cash payment” or “payment during the transaction of purchase”, “after the transaction of purchase” or during receipt of the payment via subscription system or, to facilitate your transaction, “in recurring payments” in periodical collections.

The users may choose automatic renewal of products and services at the end of a fixed service terms provided that such option is allowed in their country, region, city or state. When the automatic renewal option of the product or the service provided is chosen, such product and service shall be automatically extended until the end of the applicable service term unless the user cancels the product or service, and you shall be demanded the price applied at that tat regarding the term of agreement of renewal. Whether registered at the date of renewal or provided afterwards, the user shall be issued and delivered an invoice based on the payment method chosen for the renewal. You may cancel the product or services before the date of renewal. If you want to prevent invoicing for the renewal, you must cancel before the date of renewal.

In the event that you benefit from a trial period, you must cancel the subscription at the end of the trial period. Unless otherwise stated, charging fees over the payment method for the subscription service shall be authorized.

7.2. Recurring Payments:

The users may make their payments without a delay by identifying their card via the recurring payments service. Then the user is enabled to ensure collection of the payment regularly in certain periods (for example; weekly, monthly or annually). The authorization to recurring payments shall be confirmed when products, services or a content based on subscription are purchased, which shall indicate that the user agrees to this payment method. The payments and subscriptions shall be made to Offensify on the method and in recurring intervals preferred by the user until duly terminated by Offensify or the user. The user shall be considered to have authorized Offensify to process electronic payment orders (in cases of Automated Clearing House (AHC) or similar payments) or fees from your designated account (in cases of credit card or similar payments) (collectively “Electronic Payment”) for conversion of such payments into electronic debiting, fund transfers or consumer payments into electronic debiting with regard to the recurring payments. Subscription fees are invoiced and charged before the applicable subscription period. Offensify cannot be held responsible for any reason for any failure of due confirmation from the users or lack of information regarding the confirmation. Upon confirmation by the users, the payment shall be collected at the same amounts in the following months of payment.

8. Avoiding Wrongful Use:

Upon registering to the Store or creating account in order to use the services, Offensify Users shall be deemed to agree not to use them for illegal purposes or act in breach of the Store Principles and Generals Conditions of Sale (GCoS). The User agrees, declares and undertakes not to use the Store for any purposes prohibited by the applicable and other conditions, not to use the Store in a way that would damage the servers and network of Offensify, or deactivate or overburden such servers and networks and for any purposes that are illegal or prohibited by these terms and conditions.

You cannot have unauthorized access to the user accounts at the Store, any server of Offensify of the interconnected computer or network at the Store through piracy attacks, decoding of passwords or any other method. You cannot obtain or attempt to obtain any material or information by any means except for those offered as free content through the system of the Store. The Store and any of the products sold at the Store cannot be used in breach of the third party rights and/or to conduct a criminal act, including intentions to harm an organization including a person or Offensify. No product, information or service provided from the Store can be distributed, published or sold for commercial purposes.

9. End User Account:

The buyer, being the end users who use the final version of a software or hardware to purchase applicable products and services from the Store, shall have obligations under the terms and conditions of this agreement. In the event that End User provides wrong or noncurrent and imperfect information or Offensify, on reasonable grounds, doubt the accuracy and currency and entirety of such information, Offensify may terminate or block end user’s account to access temporarily or permanently.

10. Offensify Updates:

Offensify may automatically check and download updates in the applications even if the users are not logged in. If the Users do not prefers automated updating, they may set their personal settings. However, due to the fact that certain Offensify Store applications are hosted online in part or in whole, they may be updated by the application developer without permission from the users.

11. Product, Quantity and Order Limits:

Offensify may change the service fees at any time and without notification in terms of availability of contents and products. Offensify may limit the quantities available for purchase per order, per account, per credit card, per person or per household. If the products or services you have ordered are not available, the user may be contacted to offer an alternative product. Offensify may decline or not accept any order at any time by refunding the amount you have paid for reasons including, but not limited to, your failure to comply with the conditions specified at the time of the order, inability to receive your payment, non-availability of the products or services ordered or failures in pricing or any other failure. In the event of failure in pricing or any other failure, the following rights shall be reserved;

(a) the right to cancel your order or purchase,

(b) the right to contact you for instructions.

In the event of cancellation, your access to the content in question shall be deactivated. The games, applications, contents or services on your device may be canceled out or deactivated in order to protect the Store or users that may be potentially affected. Some of the contents and applications may be unserviceable or may be serviced for a limited period from time to time due to the location. Therefore, if you move your account or device to another location, you may not be able to download the content or application you have purchased again or transfer certain contents by reflowing; hence, you may have to re-purchase the contents or applications you have paid for in your previous location. We have no obligation to re-download or replace any content or application you have purchased expect to the extent required by law. The users agree and declare to comply with all national and international laws and regulation as the products and services purchased from the Store are subject to laws and regulations on customs and export control.

12. Restriction regarding Content License

Except for the limited rights expressly entitled under these Terms and Conditions, all rights, property rights and interests regarding the software and other digital media contents made available via Store shall belong to Offensify, and the users shall only be entitled to the license rights. The applications downloaded directly from the Store shall be subject to Standard Application License Terms (“SALT”) available at https://gooffensify.com/fwlink/p/?linkid=838610&clcid=0x041f], unless different license terms are granted by the application. (The application downloaded from Offensify Store shall not be subject to SALT but to a separate license terms.) The applications and other digital contents acquired via Offensify Store shall be subject to the rules of use at https://go.offensify.com/fwlink/p/?LinkId=723143 . The users agrees and declare that their right regarding such digital goods are limited to the terms of sale, copyright laws and the abovementioned rules of use. The licenses of software purchased from Offensify Retail Store shall be subject to the license agreement attached to the software, and the license agreement shall be agreed upon installation of the software. The users shall have no right to license, republish, distribute, copy, assign, sublicense, transfer, sell any content produce works reproduced from such content or otherwise use such content for non-personal purposes without limitation within the scope of the services. In the event any act that is in breach of the license agreement, rules of use and applicable laws regarding the software or the commercial product is discovered, the rights to enforce legal and penal sanctions are reserved.

IF YOU WANT A COPY OF THE LICENSE AGREEMENT FREE OF CHARGE FOR A PACKED SOFTWARE BEFORE OPENING THE PACKAGE OF A SOFTWARE, PLEASE CONTACT THE Offensify RETAIL STORE (AS EXPLAINED IN THE FOLLOWING SECTION OF NOTIFICATIONS AND CONTACT).

13. Terms of Downloading Software and Content:

By clicking on the checkbox stating that you have read and agree to these terms and conditions or downloading, installing, using the services offered by Offensify and delivered under this agreement and accessing to such services, you shall be bound by the this agreement. In the event that you disagree to the provisions of this Agreement, Offensify will not grant you no right to use these services or to access these services. In such case, you cannot download, install, use and access to these services. Offensify stores the download link at your account and the digital key, content, materials and information regarding the purchase for 3 years as of the date of purchase. You may be offered different conditions and storage rights that you may review and accept during the period of your subscription. We reserve our right to change and correct the digital key, content, materials and content viewed under or with regard to the services or to terminate such services, including these Terms and Conditions, at any time without notifying your party. If your program is canceled or changed in a way that disables you from accessing the download link or digital keys at your account, you will be contacted through the contact information specified for the Offensify account in question no later than 90 days in advance. Any change or adjustment to be made shall be effective as of the time of their publication. If you continue to use the service after the abovementioned changes, then you shall be deemed to have agreed to such changes.

14. Store Pricing:

If there is an Offensify Retail Store in your country or region, the prices, product options and promotions may be different from those offered at the online Store. Offensify, to the extent allowed by law, does not guarantee that any price, product or promotion offered online will be based on the same pricing as the Offensify Retail Store.

While the Store does not guarantee matchup regarding the prices, the prices are not matched with the prices offered by the retail sellers for the same products.

Unless otherwise stated, the prices displayed in the Store are exclusive of the taxes or fees (“Taxes”) for your purchase. The prices displayed at the Store are also exclusive of delivery fees. The taxes and delivery fees will be (duly) added on the sales price and displayed payment page. The users shall be exclusively responsible for such taxes and costs.

Some of the transactions may require the currency to be converted or processed in another country depending on your location. The bank you cooperate with may demand additional fee for such services when you use a credit card or bankcard. Please contact your bank for details.

15. Terms of Cancellation and Return, Right of Withdrawal:

The users may return or change the contents, applications or materials they purchase within 14 days after the date of the purchase within the terms of return. In order for the return of the products to be accepted within the scope of the right of withdrawal, the product purchased must be in its original box with the contained packaging undamaged, along with all the parts and components originally included as well as the operation manual and documents intact and in good condition. The software packages, as an exception, may be returned provided that you have not agreed to the license agreement, not made a copy of or use the product.

Unless otherwise evidenced by law or a special offer for a product, the following cannot be returned within the scope of right of withdrawal; purchased digital applications, programs and software that may be directly downloaded and installed online, the services performed instantly and electronically such as digital contents and/or online services provided immaterially or the intangible goods submitted to the consumer instantly, inapp contents, contents, music, movies and TV shows, the products the gift and service / subscription cars of which are prepared in line with the consumer’s requests and personal requirements, the services the performance of which are initiated before expiry of the period of right of withdrawal, end of line products, “, products labelled as “nonreturnable”, the software and/or game CD and the software and/or game CD inside the product packages provided therewith, if opened. You must keep in mind that the purchases for the abovementioned services and products are final, and the refunds are not applicable in case of online performance of such content and services. The users shall not be entitled to any right regarding the waiting period or claim refund by no means.

The refund for the returns conducted within the scope of the right of withdrawal shall be made within 3 to 5 days, short of the initial delivery and handling costs. The refund shall be paid to the user’s account used for placement of the order without changing the payment method.

For all the details on how to return the product available for exercise of right of withdrawal, please view our Returns and Refunds page.

https://go. Offensify.com/fwlink/p/?linkid=723276&clcid=0x041f.

16. Customer Services:

If you have not been able to find an answer to your question or need further assistance, you can visit our following page of Sales and Support for more information on options of Customer services.

https://go. Offensify.com/fwlink/p/?linkid=824761&clcid=0x041f

17. Refunds Receivable by Your Party

In the event that the payment is made via credit card or a similar payment card, Offensify may refund the purchase pursuant to the refund policies in case of misappropriation of the credit card without the consent of the user or for any other reason. Users agree and declare to share any information required in full and on time in order to facilitate the payment in the event of any payment to be made. The lability of the taxes and the costs arising from such payment shall belong to the users. Any conditions stipulated by Offensify must be complied in order to qualify for a payment to the extent allowed by the applicable law. In case of a wrong / improper payment, the payment may be withdrawn or we may demand refund of the payment. You agree, declare and undertake to cooperate with us in performance of the abovementioned transaction. Moreover, in order compensate any extra payment previously made, the payment to the users may be deducted without notification.

18. Amendment of Conditions of Sale:

Offensify may change or update the Conditions of Sale at any time without notifying the users. The Conditions of Sale that are applicable at the time of placement of the order according to this agreement shall regulate the procedure of purchase and serve as a purchase agreement between the users and Offensify. Offensify may update the conditions of sale without notifying the user before the next transaction of purchase. Users must review the conditions of sale each time they visit the Store. You are advised to keep a copy of the conditions of sale for the applications in the future due to the fact that the conditions of sale applicable at the time of the purchase shall be effective at that time.

19. Liability and Age Limit:

Offensify does not declare or guarantee the accuracy, authenticity, validity or entirety of the personal data transferred on your behalf. In order to use Offensify Services or to access to any content, you must fulfill the requirements of age limit.

20. Protection and Privacy of Personal Data:

The personal data obtained by the users shall be used to run and provide the Store. Your personal information shall be kept by Offensify, and you shall agree that such Personal Information will be recorded and stored by Offensify in data centers owned or rented by Offensify pursuant to the “Offensify’s Privacy Statement” standards. Please read Offensify’s Privacy Statement that explains the types of data collected from you and your device (“Data”) and how we use your Data. The Privacy Statement also explains communication of Offensify with the other parties, the posts or feedback provided to Offensify by the users via the Store or how it uses the content (“Your Content”) meaning the files, photographs, documents, audio files, digital works and videos you upload, store in or share from your device. By using the Store as a User, you expressly agree and consent to Offensify’s collecting, using and disclosing your content and information as described in the Privacy Statement www.

21. Store Updates:

Offensify regularly offers updated versions in order for safe and proper operation of the Store and to publish the contained information accurately. Offensify reserves the right to change the Store, including the prices of the products, technical properties, offers and availability, against the probability of the Store content not being accurate and updated.

22. Use of the Store and Termination of Access:

Offensify may terminate the account and use of the Store at any time for any reason, including but not limited to breach of the obligation under this Agreement and cease of operation of the Store by Offensify. By using the Store, the Users agree and declare to be liable for the orders placed and charges incurred before such termination.

23. Guarantees and Nonliability Agreement:

Offensify, its suppliers, distributors, corporate branches and content suppliers do not provide any express, implicit or legal guarantee, commitment or conditions, regarding marketability, satisfactory quality, compliance with a purpose, labor, property or non-violation, to the extent allowed within the scope of local law. Even though the products and services sold in the Store are not guaranteed, they shall be within the scope of the accompanying license agreement or the manufacturer’s guarantee. Except for the provision under the license agreement or manufacturer’s guarantee and subject to your legal right, Offensify provides the services on the basis of “as is”, “inclusive of all error” and “as available”, and the risk of purchase and use, risks of quality and performance and all required service and repair costs belong to the user.

Offensify does not guarantee that the information provided via the store and the services will be accurate and up-to-date. Users agree and declare that their computer and communication systems are not perfect, and that they may suffer interruptions from time to time. Offensify does not guarantee that access to the Store and its services will be uninterrupted, on time, safe or free of error or does not guarantee that there will not by loss of content.

Despite these Conditions of Sale, if you have any reason for compensation of damages arising from or in connection to the Store, Services or a product or service provided within the scope of your exclusive of right of claim TO THE EXTENT ALLOWED BY THE APPLICABLE LAW, Offensify and its suppliers, corporate branches, distributors and content providers shall cover the total damage up to the following amount: (1) up to the monthly price or fee of any service, subscription or similar fees (exclusive of the purchase price of hardware, software, support or extended guarantee) or (2) in the absence of a service fee, subscription fee or similar fee, up to 2% ıf the cost of product.

Users agree and declare that they shall not receive any indemnification for any other damage or loss including consequential, special, indirect, positive or punitive loss or lost profit, to the extent applicable by law. The restriction and exclusion in the articles of this agreement shall be valid even in the event that you suffer a loss or possibility of such loss is known or unknown. The information you shall receive from Offensify via services shall not bear the consequences of a guarantee that are not expressly stated in these terms and conditions. Offensify does not guarantee, without limitations, regarding serviceability of the service, error-free functioning of the service, accuracy of the information, recovery of the failures or non-exclusion of viruses and other harmful elements in the service. You shall assume the risk to the use of the services, any content downloaded or otherwise obtained shall be provided at your own risk, and the user shall be exclusively responsible for any damage to be caused on the operating system or loss of any data arising from the use of the services including, but not limited to, damages arising from viruses.

24. Assignment and Transfer:

While Offensify can assign and transfer its rights and obligations under these Terms and Conditions of Sale, in part or in whole, to the extent allowed by the applicable law, at any time without notification to the users , such Terms and Conditions of Sale cannot be assigned or transferred by the End User.

25. Breach and Notification of User Content

The content of the services are protected by applicable laws on intellectual property, and Offensify owns the property to the entire content. You cannot copy, reverse edit, disassembly, modify, resend to other websites, adapt for certain use, link, modify or otherwise distribute, redistribute, license, sublicense or otherwise transfer the contents and applications of the Store.

If you believe that any of the Contents breaches your intellectual property rights or any other rights, including the claims of breach of copyright, you may use Offensify’s procedure of Sending Notification of Breach.

Offensify published delivered complaints on copyright. Moreover, Offensify services may deactivate or terminate the user accounts that are likely to be in recurring breach.

Barikat İnternet Güvenliği Bilişim Ticaret A.Ş. owns the Copyright to the entire content of the Store and the Services. All rights reserved. Our party, our suppliers and the other third party suppliers own the property to, copyright ant other intellectual property rights of the Store, Services and the contents. The names, logos and signs of Offensify and all the products and services of Offensify may be trademarks or registered trademarks of Offensify in Turkey, in the European Continent, the United Stated of America, Canada and/or other countries. The real company and product names may be brands of their corresponding proprietors. All rights that are not expressly stated in these Terms of Sales are reserved.

26. Settlement of Disputes

If you live in a country other than Turkey (or the head office of your business is located in these areas), any claim arising from interpretation and violation of these General Conditions of Sales and any other claims (consumer protection, unfair competition or wrongful act requests) shall be subject to Turkish Law regardless of the provisions of conflict of law. In case of any dispute, the Consumer Arbitration Boards and Consumer Courts and Execution Offices established in Ankara, Turkey shall be competent.

In case of disputes arising from General Conditions of Sales, the complaints and objections for the people residing in Turkey shall be brought to the arbitration board regarding consumer problems or consumer courts where the residence of the consumer is located or where the transaction of the consumer has been processed within the following monetary limits. The following are the monetary limits.

To be effective of 01/01/2020, the following boards have been assigned for the following amounts of applications to be made to the consumer arbitration board for 2020:

a) District consumer arbitration boards for the disputes lower than TRY 6.920 ,00- (six thousand nine hundred and twenty) Turkish Liras,

b) Provincial consumer arbitration boards for the disputes between 6.920 (six thousand nine hundred and twenty) Turkish Liras and 10.390 (Ten thousand three hundred and ninety) Turkish Liras in the cities that are qualified as municipalities,

c) Provincial consumer arbitration boards for the disputes lower than 10.390 (Ten thousand three hundred and ninety) Turkish Liras in the cities that are not qualified as municipality,

d) Provincial consumer arbitration boards for the disputes between 6.920 (six thousand nine hundred and twenty) Turkish Liras and 10.390 (Ten thousand three hundred and ninety) Turkish Liras in the districts that are not managed by the cities that are not qualified as municipality.

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