FORA Subscription Terms of Service

#1. Parties and scope

1.1. Parties:

• Service provider: the party that provides and operates FORA. Contact: info@forapp.online. Hereinafter "the Owner".
• Customer: the legal entity or merchant subscribing to the service.

1.2. Contract documents: these Terms, together with the following documents, form the agreement between the parties (the "Agreement"):

• The order form or quote signed with the Customer (the "Order Form").
• The Data Processing Agreement (the "DPA").
• The Privacy Policy and the Cookie Policy.

1.3. Order of precedence: if the documents conflict, the following prevail in this order:

1. The Order Form.
2. The DPA (for personal data matters).
3. These Terms.

1.4. Business customers only: the service is offered only to merchants and legal entities acting within their trade or profession. It is not offered to consumers. The Customer confirms it enters the Agreement in the course of its business. Turkish Consumer Protection Law No. 6502 and the consumer distance-selling rules do not apply.

#2. Definitions

• Service: the FORA Real Estate Management Platform at app.forapp.online. It covers:
  • The application and the connected WhatsApp assistant and notifications.
  • The document generation features.
  • Updates to all of these.
• User: an individual for whom an account is created to access the Service on the Customer's behalf.
• Customer Data: all data, files and documents that the Customer or its Users enter into or upload to the Service. This includes personal data processed on the Customer's behalf.
• Assistant: the WhatsApp question-and-answer feature, which uses a third-party AI model.
• Subscription Term: the service period stated in the Order Form.

#3. The Service

3.1. What the Service does: the Service lets construction and real estate development companies:

• Keep records of projects, units, buyers and agents.
• Manage sales contracts.
• Track payment plans, collections and agent commissions.
• Record multiple currencies and exchange rates.
• Run reports.
• Generate Word contracts, PDF statements and reports.
• Import and export Excel files.
• Keep an activity log.
• Use WhatsApp notifications and the Assistant.

The current features are listed in the Order Form or on the product page.

3.2. Changes: The Owner may change, add or remove features to improve the Service. If a change materially reduces the core functions the Customer subscribed to:

• The Owner gives reasonable prior notice.
• The Customer may terminate and receive a refund of prepaid fees for the remaining term.

3.3. A support tool only: the Service is a record-keeping and calculation tool. It does not replace:

• Accounting, tax, legal or financial advice.
• Statutory books and records.
• Title deed, notary or official contract procedures.

Contracts generated from templates depend on the template the Customer uploads and the data it enters. Their legal adequacy is the Customer's responsibility.

#4. Accounts, roles and Users

4.1. Account creation: The Owner creates, changes and deactivates User accounts on the Customer's written request. The Customer decides who receives an account and with which role:

• YONETICI (Manager): views everything; its only write permission is adding notes.
• FINANS (Finance): full read and write access.
• SATIS (Sales): creates sales and makes limited edits.

The roles and their permissions are described in the product documentation. The Customer assigns roles knowing what data each role can see. For example, the SATIS role can see commission, base price and IBAN details.

4.2. Account security: credentials are personal and must not be shared. The Customer is responsible for:

• Making sure its Users keep their passwords confidential.
• Notifying the Owner promptly so that accounts of departing staff can be deactivated.
• Making sure its Users comply with these Terms.

The Customer reports any suspected unauthorised use without delay to info@forapp.online.

4.3. Assistant numbers: at the Customer's request, phone numbers for the Assistant and notifications are registered with the YONETICI or FINANS role only. Notifications and answers sent to these numbers contain Customer Data. The Customer is responsible for keeping these numbers accurate and up to date.

4.4. Usage limits: the Order Form may set usage limits such as the number of Users, storage space or Assistant questions. These limits are contractual. The Service does not technically enforce them today; exceeding them does not automatically cut off access or create additional fees. If the limits are exceeded on an ongoing basis, the parties discuss moving to a suitable plan. The number of users (seats) is set out in the quote.

#5. Customer responsibilities

5.1. Lawfulness of data: the Customer is the controller of the personal data it enters into the Service. The Customer is responsible for:

• Collecting and processing that data lawfully.
• Giving home buyers, agents and other data subjects the notice required by KVKK Art. 10.
• Obtaining explicit consent where required.
• Meeting the conditions for transfers abroad.
• VERBIS registration.
• Answering data subject requests.

5.2. No excessive data: the Customer enters no more data than the business purpose requires. In particular, it does not enter:

• Special categories of personal data (health, religion, criminal convictions, biometrics, etc.), including in note fields and uploaded documents.
• Documents unrelated to the purpose.

5.3. Data accuracy: the Customer is responsible for the accuracy and currency of the data it enters, such as prices, exchange rates, collections, commissions and personal details. Reports, statements and contracts produced by the Service are based on that data.

5.4. Own devices and copies: the Customer is responsible for the security of Excel and PDF files it exports and documents it downloads. Once these files leave the Owner's systems, the Owner no longer controls them.

#6. Acceptable use

The Customer and its Users must not:

• Use the Service unlawfully or in a way that infringes third parties' rights.
• Attempt to access another customer's data.
• Attempt to bypass, test or disable security measures. Security testing with the Owner's written permission is excepted.
• Reverse engineer, decompile or copy the Service, except where mandatory law permits it.
• Overload or disrupt the Service with automated tools.
• Upload malware or unauthorised content.
• Share accounts with third parties, or rent or resell the Service to third parties.
• Attempt to use the Assistant for purposes outside the Agreement or from unauthorised numbers.

If this clause is breached, the Owner may temporarily suspend access to the Service. Unless there is a serious and urgent threat, the Owner gives notice before suspending.

#7. Fees and payment

7.1. Fees: subscription fees, plan contents and the billing period are set out in the Order Form or the quote.

7.2. Invoicing and payment: fees are invoiced in advance, monthly or annually as set out in the Order Form, and are payable within 15 days of the invoice date. Taxes (VAT etc.) are added.

7.3. Late payment: overdue amounts may bear statutory default interest. If payment is not made within 15 days of written notice, the Owner may suspend the Service. Customer Data is not deleted during suspension.

7.4. Fee changes: The Owner may change fees by giving at least 30 days' notice before a renewal date. The new fees apply from the next term.

7.5. Refunds: fees paid are non-refundable, except as provided by law or these Terms.

#8. Trials and demos

8.1. Trial period: The Owner may provide a free trial or demo account for 14 days. Trials are provided "as is", without any commitment.

8.2. No real data recommended: we recommend not entering real personal data in trial or demo accounts. If real data is entered, these Terms and the DPA apply.

8.3. End of trial: if the trial does not convert to a paid subscription, the account is closed and trial data is deleted.

#9. Availability and support

9.1. Availability: The Owner uses commercially reasonable efforts to keep the Service available. There is no uptime commitment (SLA) unless the Order Form specifies a service level.

9.2. Downtime: downtime may occur for maintenance, updates and emergency security work. Planned maintenance is announced in advance where possible.

9.3. Third-party infrastructure: the Service relies on third-party providers for hosting, storage, DNS, messaging and AI. Outages at these providers may affect the Service.

9.4. Backups: backups are kept for a limited period and are deleted regularly.

9.5. Support: support is available at info@forapp.online on weekdays, 09:00–18:00 (Turkey time).

#10. Ownership of Customer Data

10.1. Ownership: the Customer owns all rights in Customer Data. The Owner processes Customer Data only to:

• provide the Service,
• give support,
• keep the Service secure, and
• meet legal obligations,

in each case within the Agreement and the DPA.

10.2. Prohibited uses: The Owner does not sell Customer Data, does not use it for advertising, and does not use it, or let others use it, to train AI models.

10.3. Anonymous statistics: The Owner may create aggregated technical statistics that contain no personal data and do not identify the Customer, to monitor and improve the Service.

#11. Confidentiality

11.1. Confidential information: each party keeps confidential any information it learns under the Agreement that is marked confidential or should reasonably be considered confidential. Examples:

• Customer Data.
• Pricing.
• Technical information.
• Security information.

Such information is used only to perform the Agreement.

11.2. Exceptions: the confidentiality duty does not cover information that:

• Is public.
• The receiving party already knew lawfully.
• Was independently developed.
• Must be disclosed by law or by order of a competent authority. In that case the other party is informed in advance where possible.

11.3. Duration: the confidentiality duty survives for 3 years after the Agreement ends. For personal data and trade secrets, it survives indefinitely.

#12. Intellectual property

12.1. The Owner's rights: all rights in the Service, software, design, trademarks and documentation belong to the Owner or its licensors. During the Subscription Term, the Customer receives the right to use the Service for its internal business. This right is non-exclusive, non-transferable and non-sublicensable.

12.2. The Customer's rights: the Customer keeps the rights in the templates, logos and documents it uploads. It grants the Owner the permission needed to process them within the Service and confirms it is entitled to upload them.

12.3. Feedback: The Owner may use suggestions and feedback from the Customer to improve the product, without any obligation to the Customer.

#13. The Assistant (AI)

13.1. How it works: the Assistant uses a third-party AI model to answer questions. The model is provided by an AI service provider based in the US. The following data is passed to the model:

• The question text.
• Results from the Owner's read-only query tools. These may include buyer names and amounts.

Details are in the Privacy Policy and in Annex 4 to the DPA. The Assistant cannot change data.

13.2. Accuracy: answers are generated automatically. They may:

• Be incomplete, wrong or out of date.
• Misread the question.
• Reflect forecast tools that rely on simple calculations.

Answers are for information only and are not financial, legal or investment advice. The Customer verifies information against the records in the application before acting on it.

13.3. Conditions of use: the Assistant is enabled only at the Customer's request. The Customer:

• Must not type unnecessary personal data, especially special category data, into the Assistant.
• Makes sure its use of the Assistant is consistent with its own notice and transfer obligations.

The Customer may switch the Assistant off at any time by asking in writing for the registered numbers to be removed.

13.4. Change of provider: The Owner may change the AI provider. The change is notified under the DPA's sub-processor change procedure.

#14. Third-party services

14.1. Dependencies: the Service uses Railway (hosting and database), Cloudflare (DNS, file storage, e-mail routing), Twilio and Meta/WhatsApp (messaging) and an AI service provider (US). The current list is in Annex 3 to the DPA.

14.2. Meta and WhatsApp terms: use of the WhatsApp channel is also subject to Meta's and Twilio's own terms. The Owner is not responsible for restrictions caused by changes to those providers' terms or policies. In that case the Owner will try to offer a reasonable alternative.

14.3. Test environment: if the WhatsApp channel temporarily runs on Twilio's test environment (Sandbox):

• Participation expires after a period of inactivity.
• The Sandbox is not a production channel.

#15. Disclaimer

Except as expressly stated in these Terms, the Service is provided "as is" and "as available". The Owner does not warrant that:

• The Service will be uninterrupted or error-free.
• It is fit for a particular purpose.
• The Assistant's answers are accurate.

Mandatory law is unaffected.

#16. Limitation of liability

16.1. Overall cap: The Owner's total liability under the Agreement is limited to the fees the Customer paid the Owner in the 12 months before the event giving rise to the claim.

16.2. Excluded losses: The Owner is not liable for:

• Indirect damage.
• Loss of profit.
• Loss of reputation.
• Consequential damage from data loss.
• Damage caused by inaccurate data entered by the Customer.

16.3. Exceptions: the limits do not apply to:

• The Owner's intent or gross negligence (Turkish Code of Obligations Art. 115).
• Personal injury.
• Other liability that cannot be limited by law.
• The Owner's serious breach of the DPA.

16.4. Customer indemnity: the Customer indemnifies the Owner against third-party claims arising from:

• Unlawful data entered into the Service.
• A breach of Section 5.

#17. Term, termination and return of data

17.1. Term and renewal: the Agreement runs for the Subscription Term in the Order Form. It renews for the same period unless either party gives notice at least 30 days before the end of the term.

17.2. Termination for material breach: if a party materially breaches the Agreement and does not cure the breach within 30 days of written notice, the other party may terminate. Non-payment is a material breach.

17.3. Return of data after termination: within a reasonable period after the end of the Agreement, the Customer may request a copy of Customer Data. The Owner provides it in a common machine-readable format (e.g. CSV/JSON for records, ZIP for files). The copy includes:

• The database records.
• The stored files: photos, passport files, contracts, signed documents.

At the end of that period, the Owner deletes Customer Data from live systems and storage, subject to legal retention duties. Copies in backups are deleted within the backup cycle; backups are kept for a limited period and are deleted regularly. Deletion is confirmed in writing on request.

17.4. Survival: confidentiality, intellectual property, liability, unpaid fees and dispute resolution survive termination.

#18. Force majeure

Events beyond a party's control that reasonable measures could not prevent are force majeure. Examples:

• Natural disaster, epidemic, war, terrorism.
• Strikes.
• General internet or power outages.
• Decisions of public authorities.
• Widespread outages at major infrastructure providers.

Performance of affected obligations is suspended for the duration. Payment obligations are excepted. If force majeure lasts more than 60 days, either party may terminate.

#19. Changes to these Terms

19.1. Notice of changes: The Owner may change these Terms. Material changes that disadvantage the Customer are announced by e-mail or in-app notice at least 30 days before they take effect.

19.2. Accept or terminate: if the Customer does not accept a change, it may terminate before the effective date. Prepaid fees for the unused period are then refunded.

19.3. Current term: material changes that disadvantage the Customer do not apply during the current Subscription Term unless the Customer accepts them in writing. Changes required by law are excepted.

#20. Notices

Notices to the Owner are sent by e-mail to info@forapp.online. Notices to the Customer are sent to the e-mail address stated in the Order Form or to any other notice address the Customer provides (e.g. KEP, registered mail, notary).

#21. Governing law and jurisdiction

21.1. Governing law: the Agreement is governed by the laws of the Republic of Türkiye. Conflict of law rules do not apply.

21.2. Jurisdiction: the Antalya (Central) Courts and Enforcement Offices have jurisdiction. This jurisdiction clause is valid because both parties are merchants (Code of Civil Procedure No. 6100, Art. 17).

21.3. Mediation: mandatory commercial mediation rules remain applicable (Turkish Commercial Code Art. 5/A).

#22. Miscellaneous

• Assignment: the Customer may not assign the Agreement without the Owner's written consent. The Owner may assign it to a successor in a merger or transfer of business.
• Severability: if a provision is invalid, the remaining provisions stay in force.
• No waiver: not exercising a right does not waive it.
• Entire agreement: the Agreement is the entire agreement between the parties.
• Evidence: The Owner's system and activity logs are conclusive evidence under Code of Civil Procedure Art. 193, without prejudice to the right to submit counter-evidence.
• Language: these Terms are prepared in Turkish and English. If they conflict, the Turkish text prevails.