Business Service Agreement

xBarkod Business Service Agreement

This agreement is entered into between xBarkod Teknoloji A.Ş. ("xBarkod") and the business registered on the company panel ("Company"). The Company acknowledges that it purchases the services for commercial or professional purposes.

1. Subject

This agreement governs product verification, label creation, and management services, including GS1 DataMatrix/QR/barcode generation, verification infrastructure, label printing and management, panel-based product/order/label management, reporting and anomaly detection.

2. Authority to Accept

The person accepting this agreement on behalf of the Company declares that they are authorised to represent the Company and to enter into this agreement. Order confirmations given through the panel are also deemed given on behalf of the Company.

3. Obligations of the Parties

3.1 xBarkod

• Use best efforts to provide the panel and API services without interruption during the active license period
• Provide technical support (business days, 09:00-18:00)
• Ensure the security of Company data
• Announce planned maintenance at least 24 hours in advance
• Maintain the verification infrastructure for product labels

3.2 Company

• Keep registration details accurate and up to date
• Use labels only on its own genuine products
• Maintain account security and keep passwords confidential
• Pay license fees on time
• Respect xBarkod's intellectual property rights
• Comply with API usage limits
• Immediately report any counterfeiting or misuse

4. Account and Security

• You are responsible for your account credentials (password, OTP code).
• You must notify us immediately if you suspect unauthorized use of your account.
• xBarkod reserves the right to suspend accounts with suspicious activity.
• Company accounts must have individual login credentials for each representative. Shared accounts are prohibited.

5. Product and Label Usage Rules

• Labels must only be applied to your own products.
• Applying xBarkod labels to counterfeit or misleading products is strictly prohibited and will result in legal action.
• Label PIN codes must be kept confidential. The Company is responsible for PIN leaks.
• Transferring a label to another product is not supported.

6. License and Fees

• Services are charged according to the selected license package. Prices exclude VAT.
• Payments are securely processed through Kuveyt Türk 3D Secure infrastructure.
• Each license, point, and label purchase constitutes a separate order; order terms are confirmed before payment.
• If the license is not renewed, panel access is restricted; existing labels remain verifiable.
• The 14-day free trial creates no payment obligation. Paid use does not start automatically at the end of the trial; it begins only upon a new order placed by the Company.

7. Order Cancellation and Refunds

The Company acknowledges that the statutory right of withdrawal granted to consumers does not apply to this agreement. Orders confirmed by the Company and whose performance has begun are not cancelled and no refund is made, except in cases of xBarkod's non-performance or defective performance, duplicate or erroneous charges, and rights arising from mandatory law.

• License: After activation, no full or partial refund is made on the grounds that the license was unused or partially used. Cases where the license cannot be activated or permanently provided due to xBarkod are reserved.
• Points: After the point allowance is credited to the Company account, non-use does not create a right of cancellation or refund. No expiry period applies to unused allowance. In case of erroneous or duplicate crediting, or termination by xBarkod without the Company's fault, a refund or equivalent balance is provided for unused allowance.
• Labels: For labels produced with Company-specific QR/PIN, design or print specifications, the order cannot be cancelled after print preview approval or the start of production. For cancellations before production starts, documented preparation costs are deducted and the remainder refunded. Rights arising from defective, incomplete or non-conforming production are reserved.

8. Prohibited Uses

• System abuse, hacking attempts, or DDoS attacks
• Intentionally exceeding API rate limits
• Creating verification labels for counterfeit products
• Unauthorized access to other accounts
• Mass scanning using automated bots
• Sharing obtained data with third parties without xBarkod's permission

9. Limitation of Liability

xBarkod provides the service "as is" and does not guarantee uninterrupted operation. xBarkod's total liability under this agreement is limited to the total service fees paid by the Company in the 12 months preceding the event giving rise to the dispute. This limit does not apply to xBarkod's intent, gross negligence, or liability arising from data protection legislation.

10. Confidentiality

The parties shall not share trade secrets or confidential information learned within the business relationship. This obligation continues for 2 years after termination.

11. Data Ownership

• Product information, images, and label data uploaded by the Company belong to the Company.
• The xBarkod platform, software, and infrastructure belong to xBarkod. Unauthorized copying, distribution, or reverse engineering is prohibited.
• Scan statistics and anomaly reports may be used by xBarkod in anonymised form.

12. Termination

• Either party may terminate with 30 days' prior written notice.
• In case of serious breaches, xBarkod may terminate immediately.
• After termination, Company data may be exported within 30 days, then deleted or anonymised.

13. Amendments

xBarkod reserves the right to update this agreement. Material changes are announced and acceptance of the new version is requested. Changes apply prospectively only; confirmed orders continue to be governed by the version in force at the time of the order.

14. Force Majeure

Natural disasters, war, terrorism, epidemics, and internet infrastructure failures are deemed force majeure; obligations are suspended during such events.

15. Governing Law

This agreement is governed by the laws of the Republic of Turkey. Istanbul (Anadolu) Courts and Enforcement Offices have jurisdiction.