These Terms of Use and End-User License Agreement (together, the “Agreement”) form a legally binding contract between you (the “User” or “you”) and Xeplin Yazılım Hizmetleri Anonim Şirketi (“Xeplin,” “we,” “our,” or “us”) governing your access to and use of the mobile application “Scanner App: PDF Docs & Sign” (the “App”) and all related features, content, and services (collectively, the “Services”).
1. About Us
- Legal name: Xeplin Yazılım Hizmetleri Anonim Şirketi
- Address: Fulya Mah. Büyükdere Cad. Torun Center D Blok No: 74D, İç Kapı No: 43, 34394 Şişli/İstanbul, Türkiye
- Trade Registry No: 1058219
- MERSIS No: 0839126685400001
- Tax Office / Tax No: Mecidiyeköy / 8391266854
- Contact: [email protected]
2. Eligibility and Parental Consent
By using the App, you represent that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you may use the App only with the prior consent and supervision of a parent or legal guardian, who must accept this Agreement on your behalf.
The App is not directed to and is not intended for use by children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are a parent or legal guardian and believe your child has provided us with information, please contact us at [email protected] and we will take reasonable steps to delete such information.
3. License Grant
Subject to your continuous compliance with this Agreement, Xeplin grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a single copy of the App on an iOS device that you own or control, solely for your personal, non-commercial purposes. All rights not expressly granted to you are reserved by Xeplin.
4. Restrictions
You agree that you will not, and will not permit any third party to:
- copy, modify, adapt, translate, or create derivative works of the App;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying ideas of the App, except to the extent such restriction is prohibited by applicable law;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the App available to any third party;
- remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the App;
- use any automated means (including bots, scrapers, or spiders) to access or interfere with the App;
- circumvent, disable, or otherwise interfere with security-related or technical limitation features of the App;
- use the App to violate any applicable law, regulation, or third-party right, including any privacy, publicity, or intellectual property right;
- upload or transmit through the App any virus, malware, or other malicious code;
- use the App to scan, store, sign, share, or otherwise process any content that you do not have the right to possess or process.
5. Updates and Changes to the App
We may release updates, patches, bug fixes, or new versions of the App from time to time. We may, but are not obligated to, add, modify, or remove features and functionalities at our sole discretion. Some updates may be required for the App to function correctly. You agree to receive such updates automatically, where applicable. We may also discontinue the App or any part of the Services at any time without prior notice. Continued use of the App after an update or change constitutes your acceptance of such update or change.
6. User Content
The App allows you to scan, edit, store, sign, and share documents, photos, and other materials (collectively, “User Content”). User Content is stored locally on your device and is not transmitted to or stored on Xeplin’s servers. You retain all rights, title, and interest in and to your User Content, subject to the license you grant in this section.
You are solely responsible for your User Content and for ensuring that you have all necessary rights, permissions, and consents required to scan, sign, store, and share such content. You represent and warrant that your User Content does not infringe, misappropriate, or violate any third-party intellectual property right, privacy right, publicity right, or any applicable law.
You acknowledge that because User Content remains on your device, you alone are responsible for backing it up, securing it, and preventing its loss. Xeplin shall have no liability for any loss, corruption, or unauthorized access to your User Content.
7. Intellectual Property
The App, including all software, source code, design, graphics, user interface, text, logos, trademarks, trade dress, audio, video, and all other content and materials made available through the App (excluding User Content), and all intellectual property rights therein, are and shall remain the exclusive property of Xeplin and its licensors. The App is protected by Turkish and international copyright, trademark, patent, trade secret, and other intellectual property laws and treaties, including without limitation the Law on Intellectual and Artistic Works No. 5846 of the Republic of Türkiye.
Nothing in this Agreement transfers to you any ownership of or rights in any intellectual property of Xeplin, except for the limited license expressly granted under Section 3. You shall not use any of Xeplin’s trademarks, logos, or trade names without our prior written consent.
8. Feedback
If you submit any suggestions, ideas, feedback, comments, or proposals to us regarding the App (collectively, “Feedback”), you hereby grant Xeplin a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, modify, reproduce, distribute, and exploit such Feedback for any purpose, without compensation or attribution to you.
9. Subscriptions, Payments and Auto-Renewal
The App is free to download. Certain features and content are available only to subscribers (“Premium Features”). Subscriptions are offered through Apple’s App Store on the following basis:
- Weekly subscription with an optional 3-day free trial for eligible new subscribers; and
- Yearly subscription.
Pricing is displayed in the App and on the App Store prior to purchase and may vary by country, currency, and applicable taxes. Prices are subject to change; any price change will be communicated through the App Store in accordance with Apple’s policies.
9.1 Apple as Payment Processor
All payments, billing, refunds, and transaction processing are handled exclusively by Apple Inc. through the App Store, pursuant to the terms governing your Apple ID. Xeplin does not receive, store, or process your payment card or bank account information.
9.2 Auto-Renewal
Subscriptions automatically renew at the end of each billing period at the then-current price, unless you cancel auto-renewal at least 24 hours before the end of the current period. Payment will be charged to your Apple ID at confirmation of purchase and upon each renewal. You can manage and cancel your subscription at any time by going to your Apple ID account settings on your iOS device.
9.3 Free Trial
If you start the weekly subscription with a 3-day free trial, your subscription will automatically convert into a paid weekly subscription at the end of the trial period unless you cancel at least 24 hours before the trial ends. Free trials are available only to eligible new subscribers as determined by Apple and may not be available in all regions.
9.4 Refunds
All refund requests must be submitted to Apple. Xeplin does not have the ability to issue refunds directly. You may request a refund through the App Store or by visiting reportaproblem.apple.com, subject to Apple’s refund policies.
9.5 EU Right of Withdrawal Waiver
If you are a consumer residing in the European Union, the European Economic Area, or the United Kingdom, you would ordinarily have the right to withdraw from a distance contract within 14 days. By purchasing or starting a subscription (including a free trial) and by accessing the Premium Features immediately, you expressly request that performance of the contract begin during the withdrawal period and you acknowledge that you waive your right of withdrawal in accordance with applicable law once digital content delivery has commenced.
9.6 No Lifetime or Perpetual Purchases
The App does not offer lifetime or one-time perpetual purchases for Premium Features. Access to Premium Features requires an active subscription.
10. Third-Party Services
The App uses or interacts with services provided by third parties, including but not limited to Apple (App Store and in-app purchase), analytics providers, attribution providers, crash reporting providers, and subscription management providers. Your use of such third-party services is subject to those third parties’ own terms of service and privacy policies, and Xeplin is not responsible for the acts or omissions of third parties. For details on the third-party services integrated into the App, please review our Privacy Policy.
11. Privacy
Your privacy is important to us. Our collection, use, and disclosure of information in connection with the App is described in our Privacy Policy, which is incorporated into this Agreement by reference.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. XEPLIN, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the foregoing, Xeplin does not warrant that: (a) the App will meet your requirements or expectations; (b) the App will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components; (c) any results or output obtained through the App (including OCR results, scan quality, signatures, edited images, or any other processing output) will be accurate, complete, or reliable; or (d) any defects or errors will be corrected.
You assume the entire risk of using the App. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XEPLIN, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XEPLIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, XEPLIN’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO XEPLIN THROUGH THE APP STORE FOR THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE U.S. DOLLARS (USD 5.00).
The limitations in this Section 13 apply even if any limited remedy fails of its essential purpose. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, or willful misconduct.
14. Indemnification
You agree to defend, indemnify, and hold harmless Xeplin and its affiliates and its and their respective officers, directors, employees, agents, licensors, and service providers (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the App; (b) your User Content; (c) your violation of this Agreement; (d) your violation of any applicable law or any right of any third party; or (e) any dispute between you and any third party. Xeplin reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Xeplin in asserting any available defenses.
15. Term and Termination
This Agreement becomes effective when you first install or use the App and remains in effect until terminated. You may terminate this Agreement at any time by uninstalling the App and ceasing all use of the Services. We may suspend or terminate your access to the App at any time, with or without notice, if we believe you have breached this Agreement, if required by law, or for any other reason at our sole discretion. Upon termination, all rights granted to you under this Agreement will immediately cease, and you must stop all use of the App and delete all copies in your possession. Sections that by their nature should survive termination (including, without limitation, intellectual property, disclaimers, limitations of liability, indemnification, and governing law) shall survive.
16. Force Majeure
Xeplin shall not be liable for any failure or delay in performance of its obligations under this Agreement resulting from any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, war, terrorism, riots, civil unrest, government action, epidemics or pandemics, labor disputes, power or internet failures, telecommunications interruptions, or failures of third-party services or infrastructure.
17. Apple-Specific Terms
You acknowledge and agree that this Agreement is concluded between you and Xeplin only, and not with Apple Inc. (“Apple”). Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
18. Changes to this Agreement
We may modify this Agreement from time to time. If we make material changes, we will notify you by posting the updated Agreement at xeplin.ai/apps/scanner/terms-of-use and updating the “Effective date” above, and, where appropriate, by in-app notice. Your continued use of the App after the effective date of the revised Agreement constitutes your acceptance of the changes. If you do not agree to the changes, you must stop using the App.
19. Governing Law and Jurisdiction
This Agreement and any dispute arising out of or in connection with it (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to its conflict-of-laws principles. The Istanbul Courts and Enforcement Offices (İstanbul Mahkemeleri ve İcra Daireleri) shall have exclusive jurisdiction. Nothing in this section limits any mandatory consumer rights you may have under the laws of your country of residence.
20. Severability and Entire Agreement
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if not capable of such modification, shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Xeplin with respect to the App and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Xeplin. No waiver of any provision shall be deemed a continuing waiver of such provision or any other provision.
21. Assignment
You may not assign or transfer this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice or consent.
22. Language
This Agreement is drafted in English. Any translation provided for convenience does not constitute a binding version, and in the event of any discrepancy, the English version prevails to the maximum extent permitted by applicable law.
23. Contact
If you have any questions, complaints, or requests regarding this Agreement, please contact us at:
- Email: [email protected]
- Postal address: Xeplin Yazılım Hizmetleri Anonim Şirketi, Fulya Mah. Büyükdere Cad. Torun Center D Blok No: 74D, İç Kapı No: 43, 34394 Şişli/İstanbul, Türkiye