Article 1 - Parties
1.1 Seller
Trade Title: IBILITY TEKNOLOJİ ANONİM ŞİRKETİ
Address: Reşitpaşa Mah. Katar Cad. İTÜ Tasarım ve Prototip Merkezi Binası No:2/41 İç Kapı No:2 Sarıyer/İstanbul, Postal Code 34469
MERSIS No: 0465151885700001
Trade Registry No: 1008207
Tax Office / Tax No: Sarıyer / 4651518857
Phone: +90 533 427 31 90
Email: [email protected]
KEP Address: [email protected]
Web: https://elev8er.ai
1.2 Buyer
The natural or legal person who creates an account on the elev8er.ai site and purchases a subscription, identified by the name, address and contact information specified in their account at the time the order is placed.
Article 2 - Subject
The subject of this agreement is to determine the rights and obligations of the parties pursuant to the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188, regarding the sale and delivery of the digital subscription service ordered electronically by the BUYER through the SELLER's website at https://elev8er.ai, with the qualifications and sales price specified below.
Article 3 - Essential Qualifications of the Service
The subject service is a digital subscription service ("Software as a Service / SaaS") providing access to AI-powered micro-learning content, assessments, expert consultancy and capability analytics modules on the Elev8er platform (https://elev8er.ai). The essential qualifications of the service (package contents, number of users, validity period), sales price (VAT included) and payment method are clearly stated to the BUYER on the order summary screen and in the pre-contractual information form before completing the order.
Article 4 - General Provisions
4.1. The BUYER declares that they have read and become aware of the preliminary information regarding the essential qualifications, sales price, payment method, delivery and right of withdrawal of the subject service on the website https://elev8er.ai and have given the necessary confirmation electronically.
4.2. By electronically confirming the information in the order summary and this agreement, the BUYER also confirms that they have correctly and completely obtained the address, the essential qualities of the ordered service, the price including taxes, the payment and delivery information that should be provided by the SELLER before the establishment of the agreement.
4.3. The subject service is activated immediately on the BUYER's account upon successful confirmation of the payment. Notification of activation is sent to the BUYER's registered email address. The BUYER may access the service by signing into their account.
4.4. In order for the subject service to be provided, this agreement must be electronically approved and the service fee must be paid by the payment method preferred by the BUYER. If, for any reason, the service fee is not paid or is canceled in the bank records, the SELLER shall be deemed to have been released from the obligation to activate the service.
4.5. If, after payment of the service fee, the relevant bank or financial institution does not pay the service fee to the SELLER due to reasons arising from unauthorized use of the BUYER's credit card by third parties, the SELLER reserves the right to suspend the service and terminate the agreement.
4.6. If the SELLER is unable to fulfill its obligations due to force majeure or extraordinary circumstances preventing service delivery, the SELLER shall immediately inform the BUYER. The BUYER may request the cancellation of the order, the provision of an equivalent service in lieu of the subject service, or the postponement of delivery until the obstacle is removed. In case of cancellation of the order, the amount paid shall be refunded to the BUYER in cash and in lump sum within 14 days at the latest.
Article 5 - Right of Withdrawal
5.1. The BUYER has the right to withdraw from the agreement within 14 (fourteen) days from the activation of the subject service, by notifying the SELLER, without assuming any legal or criminal liability and without giving any reason.
5.2. The BUYER is liable for any depreciation of the subject service or product due to use within the withdrawal period or for situations where the use of the right of withdrawal becomes impossible.
5.3. In order to exercise the right of withdrawal, a written notification must be made to the SELLER within 14 days through the contact information specified in "Article 1.1" of this agreement. In case of exercise of this right, the amount paid shall be refunded to the BUYER in accordance with the payment method used, within 14 days at the latest from the date the withdrawal notification is received by the SELLER.
5.4. Cases Where the Right of Withdrawal Cannot Be Exercised:Pursuant to Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised in the following cases:
- Contracts for services that have begun to be performed with the BUYER's approval before the expiry of the right of withdrawal period. Accordingly, if the BUYER signs into the platform after activation of the digital subscription and starts using any content, the performance of the service shall be deemed to have begun and the right of withdrawal cannot be exercised.
- Contracts for intangible goods (license keys, digital content, etc.) performed instantly in electronic environment and delivered instantly to the consumer.
- Contracts for products prepared in line with the BUYER's requests or clearly their personal needs.
Article 6 - General Provisions and Competent Court
6.1. The BUYER may submit complaints regarding the subject service through the SELLER's contact channels specified in "Article 1.1".
6.2. In the implementation of this agreement, up to the value announced by the Ministry of Customs and Trade, Consumer Arbitration Committees and the Consumer Courts of the BUYER's or SELLER's residence are competent.
6.3. If the order is electronically approved, the BUYER is deemed to have accepted all the provisions of this agreement.
Article 7 - Effectiveness
This agreement, consisting of 7 (seven) articles, has been read by the parties, concluded by electronic confirmation by the BUYER, and has entered into force immediately.