Distance Sales Agreement

1. Parties

• SELLER / SERVICE PROVIDER
• Company Name: Arsol Digital Advertising Information Software Import Export Trade and Industry Limited Company
• Address: Halaskargazi Neighborhood, Vali Konağı Street, No:9 Huzur Apartment Floor:2 Flat:3 Şişli / Istanbul
• MERSIS No: 0085039672400015
• Tax Office: Mecidiyeköy
• Tax Number: 0850396724
• Brand: Chatmatic
• BUYER / CUSTOMER
• Name / Title: ………………………………………
• Address: ………………………………………
• Phone: ………………………………………
• Email: ………………………………………
• This agreement has been concluded electronically between the Buyer and the Seller whose details are provided below.

2. Subject of the Agreement

The subject of this Agreement is the provision of the multi-channel messaging and CRM software branded as Chatmatic, owned by the Seller, to the Buyer as a digital service via the internet, determination of the terms of use, and regulation of the rights and obligations of the parties.

3. Nature of the Service and Method of Delivery

• 3.1. The service subject to sale is software that does not involve physical delivery and is performed instantly in an electronic environment.
• 3.2. Upon completion of the Buyer’s payment, a user account is automatically created and the service becomes active.
• 3.3. The service qualifies as an electronically performed service instantly rendered within the scope of Law No. 6502 on the Protection of Consumers.

4. Service Fee and Payment Method

• 4.1. The service fee is the amount specified on the Seller’s website or payment screen.
• 4.2. Payment shall be made via credit card, debit card, or other electronic payment methods offered by the Seller.
• 4.3. The service shall not be initiated until payment is completed.

5. Subscription Types

• 5.1. Monthly Subscription: In monthly subscriptions, no refund shall be made once the payment period has started. By paying the service fee for the relevant month, the Buyer shall be deemed to have accepted the right to use the service for that month.
• 5.2. Annual Subscription: In annual subscriptions, the Buyer may discontinue using the service in any month. In this case, the amount corresponding to the remaining period shall be calculated after deducting the annual payment discount for unused months. The refund shall be made in exchange for a refund invoice issued by the Buyer. The refund shall be completed within 14 business days from the date the refund invoice reaches the Seller.

6. Right of Withdrawal

• 6.1. The Buyer accepts that the right of withdrawal cannot be exercised once the performance of electronically provided instant services has commenced.
• 6.2. By making the payment, the Buyer declares that they have been informed of and expressly accept this matter.

7. Rights and Obligations of the Parties

• 7.1. Obligations of the Seller: To make reasonable efforts to provide the service uninterruptedly as long as the technical infrastructure permits. To carry out software updates and maintenance work when deemed necessary.
• 7.2. Obligations of the Buyer: To use the software in compliance with the law and its intended purpose. To accept not to misuse the system or cause harm to third parties. To keep account information confidential and not to share it with third parties.

8. Intellectual Property Rights

All trademarks, software, interfaces, codes, and contents of the Chatmatic software belong to the Seller. The Buyer does not acquire any ownership rights over the software.

9. Termination of the Agreement

The Seller reserves the right to suspend or completely terminate the service if the Buyer violates the provisions of this Agreement.

10. Force Majeure

Events such as natural disasters, war, cyber attacks, and infrastructure failures beyond the control of the parties shall be considered force majeure, and the parties shall not be held liable.

11. Resolution of Disputes

In disputes arising from this Agreement, Istanbul (Çağlayan) Courts and Enforcement Offices shall have jurisdiction.

12. Effective Date

This Agreement shall enter into force upon the Buyer’s electronic approval and payment and shall be deemed accepted by the parties.