Terms of Service

1. Parties and Definitions

These Terms of Service (the "Terms") govern the legal relationship between VodiSoft ("VodiSoft", "we") and any natural or legal person who visits the Site, uses the Applications or benefits from the Services ("User", "Customer", "you").

Term	Definition
Site	The website accessible at vodisoft.com and its subdomains
Applications	Mobile applications, games and digital products published by VodiSoft
Services	Software development, consulting, integration, maintenance and support services, together with all digital content and functionality offered through the Site and the Applications
Content	All text, images, code samples, blog posts, video, logos, designs and other materials on the Site and in the Applications
Project Agreement	A separate written agreement, proposal or statement of work (SOW) concluded between the parties for a specific software or consulting engagement
User Content	Any data, file or material uploaded, transmitted or shared by the User to the Site or the Services

2. Acceptance of the Terms

Visiting the Site, downloading or using an Application, creating an account, submitting the contact form or benefiting from any of the Services means that you have read, understood and accepted these Terms.

If you do not accept these Terms, you must not use the Site or the Applications.

If you act on behalf of a legal entity, you represent that you are authorised to bind that entity.

3. Scope

These Terms set out the conditions under which the Services are provided, the rights and obligations of the parties, and the general rules governing use of the Site and the Applications.

Where a separate Project Agreement is concluded for a specific software development, integration or consulting engagement, the provisions of that Project Agreement prevail on matters such as scope, delivery schedule, price, payment plan, acceptance criteria and transfer of intellectual property. These Terms apply as a supplement on matters not covered by the Project Agreement.

4. Scope of the Services

VodiSoft provides services in the following areas, without limitation:

Web application and corporate website development
Mobile application and game development (iOS, Android, cross-platform)
Desktop and backend software development
SaaS product development and architectural design
API development and third-party system integration
Technical consulting, code review and architectural assessment
Maintenance, update and technical support services
Publishing of our own mobile applications and games

VodiSoft reserves the right to change the scope, content and technical features of the Services upon prior notice. Ongoing Project Agreements are not affected by such changes.

5. User Account and Security

Creating an account may be required to make full use of certain Services and Applications. In that case:

You are obliged to provide accurate, current and complete information at registration.
You are solely responsible for the confidentiality of your account information.
All actions carried out through your account are deemed to be yours.
You must notify VodiSoft immediately upon detecting any unauthorised access.
Persons under 18 may not create an account without the consent of their legal guardian.

VodiSoft reserves the right to suspend or close accounts that it determines contain false information, pose a security risk or breach these Terms.

You may delete your account and your data at any time. See the Account and Data Deletion document for details.

6. Rules of Use and Prohibited Conduct

When using the Site, the Applications and the Services, you agree not to:

Use them in a way that breaches applicable law, public order or public morality
Infringe the intellectual property, personality or privacy rights of third parties
Distribute malware, viruses or similar code
Attempt unauthorised access to the infrastructure, run unauthorised security testing or apply reverse engineering
Modify the client side of the Applications, use cheat tools, or manipulate score or progress data
Collect data without permission using automated tools (bots, scrapers, crawlers)
Send excessive requests that place a disproportionate load on the server infrastructure
Submit misleading, insulting, discriminatory, obscene or spam content or usernames
Reproduce or republish the Content for commercial purposes without VodiSoft's written permission
Act on behalf of another person or organisation without authorisation

In the event of a breach, VodiSoft may restrict your access, delete your leaderboard records or terminate your account without notice, and reserves the right to pursue legal remedies for any resulting damage.

7. Pricing and Payment

Service fees are set out in the relevant proposal, Project Agreement or order form.
Unless stated otherwise, prices are exclusive of applicable taxes.
Payments are made in accordance with the agreed payment plan and due dates.
Default interest accrues on amounts not paid when due, pursuant to Turkish Law No. 3095 on Statutory Interest and Default Interest, and VodiSoft may suspend provision of the Services until payment is made.
Unless agreed otherwise in writing, third-party licence, hosting, domain, certificate and app store fees (App Store, Google Play, etc.) are not included in the service fee.

In-app purchases are processed through the relevant app store (App Store or Google Play) and are subject to that store's own terms of use, refund and invoicing policies. In-app virtual currency and digital content have no cash value, are non-transferable and cannot be redeemed for money.

8. Project Process, Delivery and Acceptance

The project scope, the deliverables and the schedule are defined in the Project Agreement.
Out-of-scope requests are subject to a separate proposal and additional fee.
If the Customer fails to provide the required content, access, approval or feedback on time, delivery dates are extended accordingly.
Deliverables are deemed accepted if no written objection is raised within 10 business days of delivery.
Defects attributable to VodiSoft and identified after acceptance are remedied free of charge within a 90-day warranty period. This warranty does not cover changes made by the Customer, issues originating from third-party services, infrastructure changes or requests for new features.

9. Intellectual Property Rights

9.1. Rights belonging to VodiSoft. The Site design, logo, brand, Applications, blog content, documentation and VodiSoft's general-purpose libraries, framework code and know-how belong to VodiSoft and are protected under Turkish Law No. 5846 on Intellectual and Artistic Works and Law No. 6769 on Industrial Property.

9.2. Rights transferred to the Customer. The economic rights in source code developed specifically for the Customer under a Project Agreement are transferred to the Customer, subject to payment in full and within the scope stated in the Project Agreement.

9.3. Reserved components. Tools, libraries and components that VodiSoft owned before the project or developed for general purposes are not subject to transfer; the Customer is granted a perpetual, non-exclusive and non-transferable licence to use them.

9.4. Open-source components. Open-source libraries used in projects remain subject to their own licence terms. Compliance with those licences after delivery is the Customer's responsibility.

9.5. Application licence. Downloading the Applications grants you a personal, non-commercial, non-exclusive, non-transferable and revocable licence to use them. Ownership of the Applications remains with VodiSoft.

9.6. Reference right. Unless agreed otherwise in writing, VodiSoft may use a completed project for reference and portfolio purposes (at the level of customer name, logo and general project description). The Customer may withdraw this right by written notice.

10. User Content

You retain the rights in the User Content you submit to the Site, the Applications or the Services. By submitting it, however, you grant VodiSoft the right to process, store and technically reproduce that content to the extent necessary to provide the Services.

The username and profile information you set inside the Applications may be visible to other users on leaderboards. We recommend that you do not enter personal information in those fields.

You are solely responsible for the lawfulness of your User Content and for ensuring it does not infringe third-party rights. VodiSoft reserves the right to remove content that breaches these Terms without notice.

11. Privacy and Protection of Personal Data

11.1. Your personal data is processed in accordance with Turkish Personal Data Protection Law No. 6698 ("KVKK") and related legislation. For details, see the Privacy Policy and the Data Processing Notice.

11.2. The parties agree to keep confidential any trade secrets, technical information, customer lists and similar confidential information learned during a project for 3 years after the agreement ends.

11.3. Where VodiSoft processes personal data on behalf of a customer, the parties conclude a separate Data Processing Agreement (DPA) where required.

11.4. For services directed at persons resident in the European Union, the provisions of the GDPR are reserved.

12. Third-Party Services and Links

The Site, the Applications and the projects we develop may include third-party services such as cloud providers, authentication providers, advertising networks, analytics tools and app stores.

Those services are subject to their own terms of use and privacy policies. VodiSoft is not responsible for the availability, continuity, price changes or policy updates of third-party services.

External links on the Site and in the Applications are provided for information only; VodiSoft cannot be held responsible for the content of linked sites.

13. Service Continuity and Maintenance

VodiSoft makes reasonable efforts to provide the Site, the Applications and the Services without interruption, but does not guarantee uninterrupted or error-free access.

Planned maintenance is announced in advance where possible. The Services may be temporarily suspended due to unexpected technical failure, an outage originating from an infrastructure provider, or for security reasons.

VodiSoft reserves the right to discontinue an Application or its online services. In that case users are informed a reasonable time in advance.

Where a separate Service Level Agreement (SLA) has been concluded, uptime and response times are governed by that agreement.

14. Disclaimer of Warranties

The Services, the Applications and the Content are provided “as is” and “as available” to the maximum extent permitted by applicable law.

VodiSoft gives no warranty, express or implied, as to fitness for a particular purpose, merchantability, uninterrupted operation or freedom from error.

Blog posts, code samples and technical content on the Site are provided for information only and do not substitute for professional advice.

15. Limitation of Liability

To the maximum extent permitted by applicable law, VodiSoft is not liable for:

Indirect damages, loss of profit, loss of business, loss of reputation, loss of data or failure to achieve expected savings,
Interruptions and damages originating from third-party services,
Damages arising from the User's incorrect use, inadequate backups or failure to take security measures.

In any event, VodiSoft's total liability is limited to the total service fees paid by the User in the 12 months preceding the event giving rise to the damage.

These limitations do not apply to damages caused by VodiSoft's intent or gross negligence, or to liabilities that cannot be limited under applicable law.

16. Indemnity

The User agrees to hold VodiSoft harmless from, and to indemnify it against, any claim, action or damage (including litigation costs and reasonable attorney's fees) asserted by third parties against VodiSoft as a result of the User's breach of these Terms, unlawful use or submitted User Content.

17. Force Majeure

Natural disaster, epidemic, war, terrorism, cyber attack, general strike, decisions of public authorities, electricity and internet infrastructure outages, cloud provider failures and similar events beyond the parties' control are deemed force majeure.

Performance of obligations is suspended for the duration of the force majeure event. If it lasts longer than 30 days, either party may terminate the agreement without compensation.

18. Term and Termination

These Terms remain in force for as long as you use the Site or the Applications.
The User may end the relationship by deleting their account, removing the Application or ceasing to use the Site.
VodiSoft may terminate access immediately and without notice in the event of a breach of these Terms.
Termination of Project Agreements is governed by the termination provisions of the relevant agreement.
On termination, fees for work completed up to the termination date become due.
Provisions on intellectual property, confidentiality, limitation of liability and governing law survive termination.

19. Consumer Rights and Right of Withdrawal

Where the User qualifies as a consumer under Turkish Law No. 6502 on Consumer Protection, the rights arising from that legislation are reserved.

Under the Regulation on Distance Contracts, there is no right of withdrawal for contracts concerning services performed instantly in electronic form, intangible goods delivered instantly to the consumer, or goods and services prepared to the consumer's own specifications. Custom software development services and in-app digital content purchases fall within this scope.

Refund requests relating to in-app purchases are subject to the refund policy of the app store where the purchase was made.

For disputes, the Consumer Arbitration Committees and Consumer Courts have jurisdiction according to the applicable monetary thresholds.

20. Changes to the Terms

VodiSoft reserves the right to amend these Terms unilaterally. The updated text takes effect on the date it is published on the Site.

Material changes are announced to registered users by email or in-app notice. Continuing to use the Site or the Applications after a change means you accept the new Terms.

21. Notices

Notices between the parties are made through the User's registered email address and VodiSoft's address [email protected]. Notices sent by email are deemed served at the moment of sending.

22. Assignment, Severability and Miscellaneous

The User may not assign rights and obligations arising from these Terms without VodiSoft's written consent. VodiSoft may assign the agreement in the event of a merger or transfer.
If any provision is held invalid, the validity of the remaining provisions is not affected.
VodiSoft's failure to exercise a right does not constitute a waiver of that right.
In the event of a conflict between these Terms and a Project Agreement, the Project Agreement prevails.

23. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Türkiye.

For disputes arising from these Terms, the competent courts and enforcement offices are determined according to the general jurisdiction rules of Turkish Code of Civil Procedure No. 6100. For users qualifying as consumers, the provisions of section 19 are reserved.

The parties shall make reasonable efforts to resolve disputes through good-faith negotiation before resorting to litigation.

24. Contact

For questions, requests and notices regarding these Terms:

VodiSoft
Email: [email protected]
Web: https://vodisoft.com

This document is published in Turkish and English. In the event of a conflict between the texts, the Turkish text prevails.