TERMS OF SERVICE

This Terms of Use was last updated on September 26, 2023.

Fax Scan´s Terms of Use explains the terms and conditions under which Users are able to use the Fax Scan Platform and other services provided by Fax Scan. Please read carefully this Terms of Use document and keep a copy of it for your reference.

BY REGISTERING FOR Fax Scan SERVICES USERS AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS STATED IN THIS DOCUMENT. USERS ARE ADVISED TO READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS THESE TERMS REPRESENT A BINDING CONTRACT WITH CODEBAKER BİLİŞİM HİZMETLERİ VE TİCARET LİMİTED ŞİRKETİ, Visnezade Mah. Suleyman Seba Cad. No: 79 Ic Kapi No: 1 Besiktas/Istanbul - Turkiye, Fax Scan. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.

Table of Contents

1. DEFINITIONS

2. GENERAL PROVISIONS

3. CONSENT

4. CHANGING OUR TERMS

5. LICENSE, OWNERSHIP AND RULE OF CONDUCT

6. REGISTRATION, SERVICES, AND BILLING

7. CONFIDENTIAL INFORMATION

8. THIRD - PARTY CONTENT

9 . PRIVACY

10. GOVERNING LAWS

11. INDEMNITY

12. STATUTE OF LIMITATIONS

13. DISCLAIMER

14. FINAL PROVISIONS

15. CONTACT

1. DEFINITIONS

1.  ‘Terms’ refers to the latest version of these Terms of Service document.

2. ‘Site/Platform/App’ refers to the ‘Fax Scan’ website or mobile phone application available at www.faxscan.net

3. ‘User/You’ refers to any person, downloading, visiting, using or in any other way interacting with the Platform/Site/App or its respectful Materials regardless of the activities taken.

4. ‘We/Us’ refers to ‘CodeBaker Bilişim Hizmetleri ve Ticaret Limited Şirketi’, ‘Fax Scan’, the App or the Site and their affiliates.

5. ‘Privacy Policy’ refers to the Privacy Policy document governing the rules of collecting, using and storing information provided by the User. This document is available on the Site.

6. ‘Outside sources’ refers to any application, website, natural or legal entity other than ‘CodeBaker Bilişim Hizmetleri ve Ticaret Limited Şirketi’, ‘Fax Scan’, the App or the Site and their affiliates.

7. ‘Materials’ refers to all images, text, audio and video data or any other information located on the App and the Site. Materials also refer to images, text, audio and video data or any other information located on any other place provided that there is information that said material originated from the App or the Site.

8. ‘Services’ refers to all services offered through the usage of the Platform, the App or the Site including but not limited to sending and receiving faxes and obtaining fax phone numbers.

2. GENERAL PROVISIONS

1.  These Terms govern the use of the App, the Site, the Platform and Materials. Insofar whereCodeBaker Bilişim Hizmetleri ve Ticaret Limited Şirketi, registered in Turkey, Visnezade Mah. Suleyman Seba Cad. No: 79 Ic Kapi No: 1 Besiktas/Istanbul, Turkey, (“Fax Scan”) is requested to process personally identifiable information about EU data subject on your behalf, such processing is regulated by our Data Processing Agreement ("DPA") attached herein as Addendum 1. DPA is executed together with these Terms and represents an integral part of the Terms.

2. Terms apply to all Users regardless of the capacity, way, purpose or instruments used in accessing the App, the Site or Materials.

3. By accessing the App or the Site you confirm that you have read, understood and agreed to be bound by these Terms, Privacy Policy, applicable laws, and other applicable internet policies. If you do not agree with any part or all of the Terms, you are forbidden to use the App.

4. If you do not comply with the Terms we reserve the right to cancel or terminate your access to the App or any part thereof. We can, in our sole discretion, suspend or terminate access to all or parts of the App and Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time.

5. The Terms together with Privacy Policy represent a legally binding agreement between you and us.

3. CONSENT

1. By accessing the Site you confirm that you are at least 13 years of age, or at least of the age of legal consent in your jurisdiction. If you are younger than 13 you are able to access our Services provided that you have a guardian present. We may request proper and satisfactory proof of evidence to verify your age, identity, and capacity of your guardian.

2. By using our Services, or by providing your information for other purposes, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you have available funds necessary for the requested Service, (iv) that you will not use Services contrary to these Terms or applicable laws.

4. CHANGING OUR TERMS

1. We reserve the right to update and change the Terms periodically without notifying the Users. The current version of the Terms is available on the Site indicating the effective date. Users are encouraged to periodically review Terms in order to stay informed on any changes.

2. Users are bound by any changes to the Terms regardless of their knowledge about them, provided that changes were published and available for review.

5. LICENSE, OWNERSHIP AND RULE OF CONDUCT

1.  Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download and use the App. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the App; distribute, transfer, sublicense, lease, lend or rent the App to any third party; reverse engineer, decompile or disassemble the App; or make the functionality of the App available to multiple users through any means.

2. All content on the App, including but not limited to text, images, video, information, applications, software, music, sound and other files are the property of Fax Scan. Materials on the App are available for fair use to Users. Usage of the Materials is governed by appropriate laws of the city of Istanbul, Turkey country. The app is Copyright © 2023 faxscan.net, all rights reserved. The User must reference the app, its respectful owners, and authors of the Materials where available if they are using Materials for non-commercial use. The user must obtain our written permission for usage of Materials for commercial purposes.

3. Users are forbidden to misuse Services. A misuse constitutes any usage, access or interference with the App or Service contrary to Terms, Privacy Policy and applicable laws and regulations. We may suspend or stop providing a User with the Service should we find or suspect that Services are being misused. If any part of our Services is in violation of any laws in your country of residence, you agree not to use or access such Services.

4. Any unauthorized use of the Service is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under Your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

• Use the Service in connection with chain letters, junk email, pyramid schemes, illegal or unethical testimonials, cross soliciting, money games, spamming or any duplicative or unsolicited faxes (commercial or otherwise), including, without limitation, unsolicited faxes as set forth under the Privacy and Electronic Communications Regulations (PECR);
• Harvest or otherwise collect information about others, including email addresses or fax numbers, without their consent;
• Create a false identity or forged email, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
• Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
• Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
• Libel, defame or slander any person, or infringe upon any person's privacy rights;
• Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
• Violate any local law regarding the transmission of technical data or software exported from your country through the Service;
• Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
• Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
• Interfere with another Subscriber’s use and enjoyment of the Service or another entity's use and enjoyment of similar services;
• Engage in any other activity that we believe could subject it to criminal liability or civil penalty or judgment;
• Transmit unsolicited fax advertisements through the Service in violation of the Privacy and Electronic Communications Regulations (PECR). Faxing unsolicited fax advertisements is illegal under the PECR as well as in the European Union and other countries, states, and provinces. Distribution of unsolicited fax advertisements through the Service is prohibited and doing so will result in termination of your account; or
• Use the Service to fax-blast, or otherwise attempt to broadcast a single unsolicited document to many fax numbers at once, whether in violation or compliance with the PECR.

5. We may at any time, at our sole discretion, revoke, replace or reassign any telephone number provided to the User.

6. Due to the fact that Fax Scan is only a facilitator of communication services, we may not guarantee or warrant that the content transmitted through the Services will not involve unsolicited commercial communication. You may occasionally receive unsolicited content. We will use our best effort to keep any unsolicited material from third parties to a bare minimum. By using our services you expressly agree and understand that you may receive unsolicited content.

7. You agree that you will not harvest, collect, steal or otherwise keep a record of the phone numbers owned by the Platform, including temporary phone numbers assigned to you through the Service. You agree that you will not send faxes, either by broadcast or otherwise, including without limitation unsolicited fax advertisements in violation of federal law, to any number(s) owned by the Platform and that you have harvested, collected, stolen or otherwise kept in violation of this Agreement. YOU UNDERSTAND THAT WE ARE THE HOLDERS OF ALL TELEPHONE NUMBERS PROVIDED AS PART OF THE SERVICE AND, THEREFORE, WE HAVE CERTAIN RIGHTS WITH RESPECT TO THE NUMBERS. IN THE EVENT YOU VIOLATE THIS PROVISION, WE WILL PURSUE ALL LEGAL AND EQUITABLE REMEDIES, INCLUDING CIVIL AND CRIMINAL DAMAGES AND PENALTIES, DAMAGES FOR LOSS OF BUSINESS AND/OR USE, AND INJUNCTIVE RELIEF.

6. SERVICES AND BILLING

1.  SERVICES

• Full list of our services and pricing is available through the App. We reserve the right to change and update our prices and Service plans periodically at any time and without notification. All changes become effective from the day of publishing.
• By subscribing on our Platform you are able to use Services as described by the selected subscription plan.
• If you subscribe to our Services, subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. No refund o f the current subscription is allowed during active subscription period.

2. FAX STORAGE

• While your Fax Scan account is active, sent and received fax messages will be stored and displayed in your account. You acknowledge that we may change our practices and limitations concerning storage of fax messages, including, without limitation, the maximum storage space that will be allotted on the servers on your behalf, at any time, as provided for herein. You further agree that this feature is provided as a convenience only for Subscribers and that we have no liability or responsibility whatsoever for the storage, deletion of, or failure to store any fax messages and/or other communications maintained and/or transmitted by the Service.
• All information stored on our servers is encrypted and guarded in accordance with our Privacy Policy. In case you lose the control of your account (for example you lose your device) you can remotely delete all faxes stored in the App and on the servers by contacting our customer support.

3. BILLING

• You are able to pay for our services directly through the App, the Site and the Platform. Depending on the device you are using we may accept payments through different payment methods such as Google Wallet, iTunes, or PayPal.
• We may, at our own discretion, limit the number of available Services or refuse to provide the Service without the need to deliberate on the reasons for such action. We may especially refuse to accept your order if:

1. The billing information you provided is incorrect, or invalid, or we are otherwise unable to process the payment,
2. We suspect that the order is fraudulent. We reserve the right to refuse any order which we, in our sole discretion, find to have been placed as a result of fraudulent activity,
3. Your order is placed pursuant to a previous credit card dispute.

• By subscribing for paid Services you authorize us or our payment provider to charge the amount of the Service fee, together with the applicable taxes including VAT, to your billing method provided without any further consent or instruction required. If there are any changes in the provided payment method you understand and agree to inform us on the changes and update the payment method. If we are not able to charge the payment method provided we reserve the right to collect due payments through other means or to terminate your account immediately.

4. REFUND, CANCELATION AND WITHDRAWAL POLICY

• To the furthest extent under the law all payments for the Fax Scan services are final and non-refundable. Subscription is paid in advance of each subscription period. No refund will be provided for discontinuation of the use of the Service prior to the expiry of the active subscription period.
• Except as otherwise provided for in the law or in this Agreement you may cancel your active subscription for any reason either by requesting cancellation from within the app or by contacting our customer support directly at faxscan@troophy.zendesk.com. 
• At our sole discretion, we may decide that there are compelling reasons for awarding a refund. This may be in the event that the services were not available to you for a significant amount of time or that the services did not perform as advertised due to the cause that we could have reasonably avoided. If you are not satisfied with the Services received you may contact our customer support team with the process described earlier and request a refund. Refund is provided at our sole and exclusive discretion after assessing the reasons for refund. Refunds may be provided as a service credit.

5. NUMBER PORTING

• We comply with the applicable communications regulation and allow Users to port their numbers to and from other service providers at any time and without charge. In the event that you decide to cancel your service with Fax Scan and desire to port your number to a new provider, you will be required to contact them and request that they initiate the port. Upon written request from the recipient service provider and when the appropriate procedural conditions are met, we will transfer the number to the new service provider. For more information on how you can request number porting please contact us at faxscan@troophy.zendesk.com
• If at any time during your use of our Services, Fax Scan ceases it’s services, you will be given appropriate notice and the option to port your number to another service provider. If you do not port your number within the time stipulated, your number will be unable to be ported.

7. CONFIDENTIAL INFORMATION

1.  Through use of the Service, You may have access to certain information that is confidential and proprietary (''Confidential Information''). You agree to protect all Confidential Information by using a reasonable degree of care to prevent the unauthorized use, dissemination, or publication of the Confidential Information.

2. You agree that a breach of the confidentiality provisions of this Agreement will breach the security of the Service and thus would cause irreparable harm to the Platform for which no adequate remedy at law exists. You therefore agree that in addition to any other remedies available, we shall be entitled to injunctive relief to enforce the terms of this Agreement.

8. THIRD - PARTY CONTENT

We may provide Users with content belonging to the Outside Sources or links leading to the Outside Sources. We are not responsible for the content provided by the Outside Sources. Outside sources are not under our control, and they may have different terms of use and policies. The Site is not responsible for the availability and content of the Outside Sources.

9. PRIVACY

Please review our Privacy Policy to learn more about how we collect and use information about you via the Service.

10. GOVERNING LAWS

This Agreement shall be governed by and construed under Turkish law, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Turkey by the Turkey residents. You also agree and hereby submit to the non-exclusive jurisdiction of the courts of Turkey, for the resolution of any conflict arising out of or in connection with these Terms,  the Service.

11. INDEMNITY

You will indemnify and hold harmless Fax Scan, and its employees, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the App and its Services, content which you provide, or your violation of these Terms.

12. STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the App, Services or the Terms must be filed within one

(1) year after such claim or cause of action arose or be forever barred.

13. DISCLAIMER

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PROVIDED BY LAW, THE APP  AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE SERVICES, THE APP AND THE SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING THE SITE OR THROUGH YOUR DOWNLOADING OF MATERIALS FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS. IN NO EVENT WILL FAX SCAN OR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE ANY MATERIALS ON APP.

14. FINAL PROVISIONS

If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.

15. CONTACT

If you have any questions regarding our Privacy Policy and how we handle your information, please feel free to contact Codebaker LTD at the following email address: faxscan@troophy.zendesk.com

Fax Scan Website: https://www.faxscan.net/

©2023 CODEBAKER BİLİŞİM HİZMETLERİ VE TİCARET LİMİTED ŞİRKETİ

Visnezade Mah. Suleyman Seba Cad. No: 79

Ic Kapi No: 1 Besiktas/Istanbul - Turkiye

https://www.faxscan.net/

t: +90 2124000519