Distance Subscription Agreement
1. Parties
Seller
| Item | Details |
|---|---|
| Trade name | Ajansify (Limited Şirketi) |
| MERSİS number | 1234567890765432 |
| Tax office and number | Şişli / 2153495690 |
| Address | Adres Adres Adres Adres Adres Adres |
| Phone | +902125055555 |
| [email protected] | |
| Registered electronic mail (KEP) | ajans,[email protected] |
Buyer: the person or business in whose Ajansify account the order is placed. The Buyer's name or trade name, address, e-mail address and phone number are as entered in the billing profile and shown in the order summary.
2. Definitions
Terms used in this Agreement have the meaning given in the Terms of Service. In addition:
- Order Summary: the page shown before payment, listing the Plan, the Billing Period, the total price for each Billing Period including taxes, the currency, the trial end date and the date and amount of the first payment.
- Consumer: a Buyer who is a natural person acting for purposes outside their trade, business or profession.
- Business Buyer: a Buyer acting for trade, business or professional purposes.
3. Subject
This Agreement sets out the rights and obligations of the parties for the Ajansify subscription that the Buyer orders electronically. For Consumers, it is made in line with Consumer Protection Law No. 6502, the Distance Contracts Regulation and the Subscription Contracts Regulation. The Terms of Service, the AI & Acceptable Use Policy and the Data Processing Agreement apply to the use of the Service and form part of this Agreement. If they conflict, this Agreement prevails on payment and subscription matters, and for Consumers the provision more favourable to the Consumer prevails.
4. Order details
The Plan with its features and Credits, the Billing Period, the total price for each Billing Period including taxes, the currency, the trial end date and the date and amount of the first payment are shown in the Order Summary. The Order Summary forms an integral part of this Agreement, and a copy is sent to the Buyer's e-mail address.
5. Pre-contract information
The Buyer confirms that, before placing the order, they read the Pre-Contract Information and were informed of the Seller's identity, the main characteristics of the Service, the price including taxes, payment, duration, renewal, cancellation, the right of withdrawal and complaint procedures.
6. Price and payment
- The price for each Billing Period is shown in the Order Summary. Prices for Consumers include VAT and other applicable taxes.
- The Buyer pays by card through the Seller's payment institution, İyzico. The Seller does not store card details.
- The fee for each Billing Period is charged to the registered card at the start of that period.
- To verify the card, a small amount may be charged or reserved and is then refunded or released.
- Extra Credit packs and add-ons are charged only with the Buyer's separate, explicit approval.
- The Seller notifies price changes at least 30 days in advance. Changes apply from the next Billing Period and never during a period already paid for. The Buyer can cancel before a change takes effect.
- If a payment fails, the Seller informs the Buyer and may try again. Paid features may be restricted until payment is made.
- Invoices are issued based on the billing profile and delivered electronically.
7. Free trial
- New customers receive a 7-day free trial, once per person and business. A payment card is required.
- The Seller sends a reminder before the trial ends.
- If the Buyer cancels before the trial ends, no fee is charged.
- If the Buyer does not cancel, the selected Plan starts automatically when the trial ends, and the first fee is charged on the date and for the amount shown in the Order Summary.
- Trial Credits expire when the trial ends.
8. Duration and renewal
- Monthly Plans renew automatically for one month at a time until cancelled.
- Yearly Plans for Business Buyers renew automatically for one year at a time until cancelled. The Seller sends a reminder before renewal.
- Yearly Plans for Consumers are fixed-term contracts of one year. In line with Article 13 of the Subscription Contracts Regulation, a fixed-term subscription does not renew without the Consumer's approval obtained before the term ends. Before the year ends, the Seller asks the Consumer whether they want to renew, stating the price for the new term. If the Consumer approves, the subscription continues for another year. If not, it ends at the end of the term and no fee is charged for a new term.
- Upgrades take effect immediately, and the amount due is shown before confirmation. Downgrades take effect at the end of the current Billing Period.
9. Performance
- The Service is provided electronically. Access starts immediately after the order, or when the free trial starts.
- The Seller provides the Service in line with this Agreement, the Terms of Service and the Plan, with reasonable care. Plan Credits are made available for each Billing Period.
- Maintenance, outages at providers or high demand may cause temporary interruptions. The Seller tries to announce planned maintenance in advance.
10. Right of withdrawal
Business Buyers have no statutory right of withdrawal.
Consumers in Turkey: the Consumer may withdraw within 14 days of the conclusion of the contract without giving a reason. Under Article 15(1)(ğ) and (h) of the Distance Contracts Regulation, there is no right of withdrawal for services performed instantly in electronic form or for services whose performance starts with the Consumer's approval before the withdrawal period ends. The Consumer gives this approval at checkout, so the right of withdrawal cannot be used once the Service has started. The Consumer can still end the contract without any charge by cancelling during the free trial.
Consumers in the EU and the United Kingdom: the Consumer may withdraw within 14 days of the conclusion of the contract (the day the free trial starts) without giving a reason. As the Consumer asked for the Service to start immediately, they pay a proportionate amount only for the paid days used until the withdrawal; trial days are free. The Seller refunds all other amounts within 14 days of receiving the withdrawal, using the same payment method, at no cost to the Consumer.
Consumers in other countries: the mandatory consumer rights of their country of residence, such as the 7-day right of withdrawal in Brazil, are not affected.
How to withdraw: by a clear statement sent by e-mail to [email protected], or through the withdrawal option in the account where available. The model withdrawal form in the Pre-Contract Information may be used. The Seller confirms receipt without delay.
11. Cancellation and termination
- The Buyer can cancel the subscription at any time online, on the Subscription page of the account. Cancellation is no more difficult than subscribing. It takes effect at the end of the current Billing Period, and access continues until then.
- Consumers in Turkey can terminate the subscription at any time, without giving a reason and without penalty, whether it is monthly or yearly. If the Consumer wants the termination to take effect before the end of the current period, they can notify the Seller by e-mail to [email protected]. The Seller carries out the termination within 7 days at the latest. Any amount that must be refunded to the Consumer under the Subscription Contracts Regulation is refunded within 15 days of termination without any deduction.
- The Seller may suspend or terminate the subscription in the cases set out in the Terms of Service, such as a serious breach, non-payment or a legal requirement.
- After termination, the Buyer's data is handled as described in the Terms of Service (export, 30-day retrieval period, deletion).
12. Refunds
- Fees paid are not refunded. This includes partly used Billing Periods, the remaining months of a yearly Plan, unused Credits and extra Credit packs.
- This rule applies in full to Business Buyers. For Consumers, it applies only to the extent the law allows. Consumers' statutory rights, including the rights of withdrawal and termination, refund rights under the Subscription Contracts Regulation and rights in case of a defective service, are reserved.
- Refunds that are due are made to the payment method used for the payment, within the statutory period.
Details are in the Cancellation, Withdrawal & Refund Policy.
13. Seller's obligations
The Seller:
- provides the Service in line with this Agreement, the Terms of Service and the Plan;
- provides this Agreement and the Pre-Contract Information on a durable medium (by e-mail and in the account);
- confirms the receipt of withdrawal and cancellation requests without delay;
- does not charge any additional fee without the Buyer's explicit approval;
- processes personal data in line with the Privacy Policy, the KVKK Privacy Notice (Turkey) and the Data Processing Agreement, and takes appropriate security measures.
14. Buyer's obligations
The Buyer:
- provides accurate billing information and keeps it up to date;
- pays the fees on time and keeps a valid payment card registered;
- uses the Service in line with the Terms of Service and the AI & Acceptable Use Policy, and keeps login details secure;
- reviews Outputs before publishing them;
- if a Business Buyer, confirms that the subscription is purchased for business purposes and provides correct tax details.
15. Force majeure
Neither party is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, war, terrorism, epidemics, strikes, cyberattacks, widespread internet or power outages, outages at key providers or acts of authorities. If such an event lasts longer than 30 days, either party may terminate this Agreement. The parties' statutory rights in that case are reserved.
16. Records and evidence
- The Seller keeps the records relating to this Agreement (pre-contract information confirmation, order, payment, withdrawal and cancellation) for at least 3 years, and longer where tax or commercial law requires.
- The Seller's business books and electronic records may be used as evidence in disputes. The Buyer's right to present evidence to the contrary is reserved.
17. Disputes
- This Agreement is governed by the laws of the Republic of Turkey.
- Consumers in Turkey can apply to the Consumer Arbitration Committee (Tüketici Hakem Heyeti) within the monetary limits set each year by the Ministry of Trade, and to the Consumer Court (Tüketici Mahkemesi) for disputes above these limits, at their place of residence or where the transaction took place. Before filing a case at the Consumer Court, applying to a mediator is mandatory where the law requires it.
- Consumers in other countries keep the protection of the mandatory laws of their country of residence and may apply to the courts or consumer bodies of that country where the law allows.
- For Business Buyers, the courts and enforcement offices of Ankara Merkez have jurisdiction.
18. Entry into force
This Agreement is concluded and enters into force when the Buyer accepts it electronically at checkout and confirms the order with its payment obligation. The Seller sends a copy to the Buyer's e-mail address, and the Buyer can view it in the account at any time. This Agreement is published in several languages with the same content. If the versions conflict, the Turkish version prevails; for Consumers, any ambiguity is interpreted in the Consumer's favour.