Distance Sales Agreement

This Distance Sales Agreement ('Agreement') is entered into electronically between the SELLER identified below and the BUYER, pursuant to Turkish Consumer Protection Law No. 6502 and the Distance Sales Regulation (Official Gazette 1.10.2022/31960).

Effective date:
Last updated:
Version:
v1.0.0

This text is the template version of the distance sales agreement made available to users. A personalised copy containing the BUYER's identity, contact, and billing information will be delivered to the registered email address as a durable medium following subscription initiation. Purchasing the service or initiating a subscription constitutes the BUYER's acknowledgement that they have read, understood, and accepted all terms of this Agreement. The YouContent360 platform is available only to natural or legal persons aged 18 or over with full legal capacity. This English version is provided for accessibility. The legally binding version is the Turkish text at /tr/legal/distance-sales-agreement, governed by Turkish law (Law No. 6502 and the Distance Sales Regulation, OG 1.10.2022/31960), subject to mandatory consumer-protection rules of the BUYER's habitual residence pursuant to Art. 26 of Turkish International Private Law (Law No. 5718) for BUYERs resident outside Turkey.

Article 1 — Parties

SELLER — Trade Name: DİJİTAL AI TEKNOLOJİ YAZILIM A.Ş.

MERSIS No: 0295-1326-4370-0001 | Tax Office: Maslak V.D. | Tax Number: 2951326437

Address: Maslak Mah. Maslak Meydan Sk. Beybi Giz Plaza A Blok No:1 D:55, 34485 Sarıyer / İstanbul, Turkey

Support Email: destek@youcontent360.com | Phone: +90 850 346 7053 | Web: youcontent360.com

BUYER — The natural or legal person who declares their identity, contact, and billing information during platform registration or payment. Any person acting on behalf of a legal entity represents and warrants that they hold authority to do so.

The SELLER and the BUYER are jointly referred to as the 'Parties' in this Agreement.

Article 2 — Subject Matter

The subject matter of this Agreement is the provision of the SaaS service (including SERP analysis, content scoring, heading analysis, keyword extraction, content generation and related features) operated under the YouContent360 platform by the SELLER to the BUYER under the selected subscription plan, and the determination of the mutual rights and obligations of the Parties in connection therewith.

The scope, features, and pricing of the service are disclosed to the BUYER in advance on the subscription selection screen and at youcontent360.com/pricing. New versions of the platform or additional paid modules may be introduced; however, the BUYER's prior consent will be obtained before any charge beyond the existing plan.

The service is licensed solely for the BUYER's own commercial or professional use; assignment, sub-licensing, or resale to third parties is prohibited.

Article 3 — Service Description and Pricing

The subscription plan selected by the BUYER and the applicable VAT-inclusive price are clearly displayed on the payment screen before the subscription is completed. Current plan options and pricing are available at youcontent360.com/pricing; the BUYER will be notified in advance of any changes.

Subscriptions renew automatically on a monthly or annual basis. Payment is collected at the start of each subscription period from the BUYER's credit card via the iyzico payment infrastructure. Billing is in Turkish Lira (TRY); where payment is made in a foreign currency, currency conversion is performed by the BUYER's bank or card issuer.

The BUYER is solely responsible for the accuracy of payment information provided and for confirming that they are an authorised cardholder. Responsibility for transactions carried out without the cardholder's knowledge lies with the BUYER.

For subscription cancellation and refund conditions, see: youcontent360.com/legal/cancellation-refund

Article 4 — General Provisions

Prior to initiating a subscription, the BUYER has electronically confirmed having read and received the pre-contractual information required under art. 5 of the Distance Sales Regulation (OG 1.10.2022/31960), and has subsequently entered into this Agreement. The moment of payment confirmation constitutes the moment of contract formation.

A copy of this Agreement is delivered to the BUYER's registered email address upon subscription creation. The Agreement and pre-contractual information remain permanently accessible at youcontent360.com/legal/distance-sales-agreement.

The BUYER is responsible for maintaining the confidentiality and security of the login credentials used to access the platform. The SELLER shall not be held liable for damages arising from unauthorised access.

The SELLER undertakes to implement necessary technical and administrative measures for service delivery, to process personal data in accordance with Law No. 6698, and to ensure platform security.

Article 5 — Right of Withdrawal

General Rule: A BUYER who qualifies as a consumer under Turkish law has the right to withdraw from this Agreement without providing any reason and without incurring a penalty, within 14 (fourteen) days from the date of contract formation, pursuant to art. 9 of the Distance Sales Regulation. The withdrawal notice may be sent on a durable medium to destek@youcontent360.com or submitted via the standard withdrawal form available at youcontent360.com/legal/cayma-formu.

SaaS Exception: However, the YouContent360 subscription qualifies as a 'service performed immediately in digital form, or intangible goods delivered to the consumer instantly' within the meaning of art. 15/1-(ğ) of the Distance Sales Regulation. By checking the 'Start subscription immediately and acknowledge that my right of withdrawal lapses' checkbox at the payment and subscription initiation step (explicit consent), the BUYER has expressly consented to the commencement of service performance, and the right of withdrawal has lapsed from that moment of consent.

Renewal and Continuity: Auto-renewal periods of the subscription are deemed an extension of the existing contract for the purpose of maintaining uninterrupted access to the service, and shall not be construed as the formation of a new distance sales contract. The BUYER may, prior to each renewal date, disable auto-renewal without any condition through the account settings or by notifying destek@youcontent360.com; in such case the subscription terminates at the end of the current period.

Commercial or Professional Use: Where the BUYER uses the service for commercial or professional purposes, the consumer-protection provisions of Turkish Consumer Protection Law No. 6502 attached to the consumer status may not apply. Whether the BUYER qualifies as a consumer under art. 3/1-(k) of Law No. 6502 is determined based on the circumstances of the specific case.

Refunds: Where the right of withdrawal may be exercised, or in the event of subscription cancellation, the refund conditions set out in the Cancellation and Refund Policy at youcontent360.com/legal/cancellation-refund shall apply.

Article 6 — Rights and Obligations of the Parties

SELLER Obligations: The SELLER undertakes to provide the services covered by the selected subscription plan within a reasonable period after payment completion and to a standard consistent with the service level; to maintain availability outside scheduled maintenance windows; and to notify the BUYER in the event of service interruption.

The SELLER undertakes to process personal data in accordance with Turkish Personal Data Protection Law No. 6698 (KVKK) and applicable regulations. The BUYER acknowledges having been informed pursuant to art. 10 of KVKK — including which personal data is processed for which purposes, the recipients to whom such data may be transferred, and the BUYER's statutory rights — through the KVKK Clarification Text at youcontent360.com/legal/kvkk. KVKK applications and requests addressed to the data controller DİJİTAL AI TEKNOLOJİ YAZILIM A.Ş. shall be made to hello@dijitalai.com.tr.

BUYER Obligations: The BUYER acknowledges that the information declared at registration and during payment is accurate and current; the SELLER shall not be held liable for damages arising from incorrect information.

The BUYER agrees to use the service solely for the purposes specified in the Terms of Service (youcontent360.com/legal/terms), and to refrain from reverse engineering, unauthorised access to systems, or activities that may cause harm to third parties.

In the event that the BUYER avoids payment of the subscription fee or provides fraudulent payment information, the SELLER reserves the right to suspend the service immediately and to take legal action.

Article 7 — Payment and Performance

Payment Method: Subscription payments are made by credit/debit card via the iyzico payment infrastructure. Card details are not stored by the SELLER; they are held in iyzico's PCI-DSS compliant secure environment.

Performance of the Service: The service is performed immediately and electronically upon successful completion of payment. The BUYER gains access to the platform at the moment account activation is completed; this constitutes the moment of service delivery.

Invoicing: Where the BUYER is an e-invoice taxpayer pursuant to Tax Procedure Law No. 213, an e-invoice is issued; otherwise, an e-archive invoice is issued. Each billing period invoice is delivered to the BUYER's registered email address. Where the BUYER has provided a tax identification number or tax office information, these details are reflected on the invoice.

Automatic Renewal: At the end of the subscription period, provided the BUYER has not cancelled in advance, the same amount is automatically charged to the registered payment method and the subscription is renewed. The BUYER may cancel at any time; cancellation takes effect from the start of the next billing period.

Article 8 — Force Majeure

Natural disasters, war, epidemic or pandemic, armed conflict, acts of terrorism, strikes, decisions of a government or competent authority, general outages in internet and telecommunications infrastructure, and other events outside the reasonable control of the SELLER shall be considered force majeure events. In such circumstances, the affected party is relieved of the relevant obligations.

The party experiencing a force majeure event shall notify the other party in writing as soon as practicable. During the period of force majeure, the relevant obligations are suspended; such period is added to the contract term.

If the force majeure event persists for more than 30 (thirty) days, either party may terminate the Agreement unilaterally without any liability for compensation. In such case, the amount corresponding to the service already performed prior to the force majeure event shall be calculated on a pro-rata basis.

Article 9 — Dispute Resolution

Consumer Arbitration Board: Where the BUYER qualifies as a consumer within the meaning of art. 3/1-(k) of Consumer Protection Law No. 6502, disputes below the monetary thresholds updated annually by the Ministry of Commerce pursuant to art. 68 of the same Law may be referred to the District/Provincial Consumer Arbitration Board having jurisdiction over the BUYER's place of residence or the place where the consumer transaction occurred. Disputes exceeding such monetary threshold are heard before the Consumer Court.

B2B Disputes: Where the BUYER qualifies as a merchant within the meaning of Turkish Commercial Code No. 6102 or as a public legal entity, the courts and enforcement offices of Istanbul (Çağlayan) shall have exclusive jurisdiction over disputes arising from this Agreement pursuant to art. 17 of the Code of Civil Procedure No. 6100. Where the BUYER does not qualify as a merchant or a public legal entity, the general jurisdiction rules of the Code of Civil Procedure apply. The applicable law is Turkish law.

International Customers: For BUYERs resident outside Turkey, this Agreement is governed by Turkish law subject to art. 26 of Turkish International Private Law (Law No. 5718) and applicable conflict-of-laws rules, without prejudice to the mandatory consumer-protection provisions of the law of the BUYER's habitual residence. For such BUYERs the English-language Terms of Service (youcontent360.com/legal/terms) shall be the basis for interpretation; in the event of conflict, the Turkish text serves as a reference for interpretation.

The Parties agree to first attempt to resolve disputes through amicable negotiation, and to refer the matter to the competent authorities only if a resolution is not reached within 30 days of such negotiation.

Article 10 — Effectiveness

This Agreement consists of 10 (ten) articles and enters into force for both Parties upon the BUYER's electronic confirmation (the subscription initiation or payment completion step).

The current version of the Agreement, together with its effective date and last-updated information, is permanently published at youcontent360.com/legal/distance-sales-agreement. The SELLER reserves the right to amend the Agreement. Amendments capable of having a material effect on the BUYER will be notified to the BUYER's registered email address at least 30 (thirty) days before they take effect. Within 30 days of such notice the BUYER may terminate the subscription without any penalty; the unused portion of the subscription will be addressed in accordance with the refund conditions set out at youcontent360.com/legal/cancellation-refund. Where the BUYER fails to object within the notice period or continues to use the service after the notice, the amendments are deemed accepted.

If any provision of this Agreement is held invalid by a competent court, the validity of the remaining provisions shall not be affected. Turkish law applies to all disputes arising from this Agreement; this Agreement shall be interpreted with reference to the Turkish text.