Article 1: Parties
This Delivery and Refund Agreement ("Agreement") is concluded between Ibility Teknoloji A.Ş. ("Seller") and the "Consumer" (Buyer) who purchases software products through https://elev8er.ai ("Site").
Article 2: Subject of the Agreement
The subject of this agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the product(s) sold by the SELLER through the https://elev8er.ai website, in accordance with the Consumer Protection Law No. 6502, the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188, and the Regulation on Amendment of the Distance Contracts Regulation published in the Official Gazette dated 23.08.2022 and numbered 31932.
Article 3: Delivery
3.1. Nature of the Product: The product offered through the elev8er.ai platform is a digital subscription service ("Software as a Service"). No physical product is shipped to the BUYER.
3.2. Method and Time of Delivery: Following the successful confirmation of the BUYER's payment by our payment service provider (iyzico), the relevant subscription plan is instantly and automatically activated on the BUYER's user account. The BUYER may immediately access the platform's features at https://elev8er.ai by signing in with their existing account credentials. No additional shipping address or carrier is required.
3.3. Activation Confirmation: Upon activation of the subscription, an order/invoice confirmation email is sent to the email address registered to the BUYER's account. If the BUYER does not see the subscription as active within a few minutes of payment, they may contact the SELLER via the channels listed in Article 11.
3.4. Technical Requirements: Use of the service requires an internet connection and a modern web browser. The BUYER is responsible for providing the necessary internet access and compatible device.
Article 4: Cancellation and Refund Rights
The BUYER has the right to withdraw within 14 days from the activation of the purchased digital subscription without giving any reason, provided that the service has not yet been started to be used. Pursuant to Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised for services that have begun to be performed with the BUYER's approval before the expiry of the right of withdrawal period. The BUYER accepts that the subscription must not have been used, activated or any of its content consumed in any way to be eligible for a full refund. Refund requests must be made within 14 days following the activation of the subscription.
Article 5: Company's Cancellation and Refund Rights
5.1. The SELLER has the right to cancel the sale of the product at any time, without giving any reason and without prior notice. When the SELLER cancels the sale of the product for any reason, it is obliged to refund the amount paid to the BUYER.
5.2. The SELLER may decide to cancel the sale for any reason before the BUYER starts using the product or before the activation of the subscription. In this case, the SELLER is obliged to refund the amount paid to the BUYER.
5.3. The SELLER reserves the right to cancel the sale of the product. The refund to be made to the BUYER for the canceled product will be made in accordance with the payment method. The SELLER's right of cancellation can be exercised before or after the activation of the subscription.
5.4. The SELLER has the right to terminate the agreement unilaterally due to unforeseen circumstances such as force majeure. Force majeure refers to unforeseen and unavoidable circumstances beyond the control of the SELLER (natural disasters, war, epidemics, internet access problems, etc.).
5.5. The SELLER has the right to terminate the agreement by giving written notice to the BUYER at any time, provided that it fulfills all its legal obligations. In this case, the amount paid to the BUYER will be refunded.
Article 6: Refund Process and Conditions
The BUYER must give written notice to the SELLER to request a refund. The notification can be made via the BUYER's specified email address. When the BUYER's refund request is accepted, the SELLER will refund the amount paid to the BUYER within 14 days. The refund will be made in accordance with the payment method used by the BUYER. The BUYER is obliged to declare that the subscription has not been used in any way and that the access credentials have not been used during the refund process. Otherwise, the refund will not be valid.
Article 7: Non-Refundable Products
If the digital subscription has been started to be used by the BUYER, the BUYER's right of withdrawal and refund will not be valid. For products containing special personal data or requiring explicit consent, refund cannot be made without the consent of the BUYER.
Article 8: Rejection of Refund and Cancellation Requests
The refund request made by the BUYER after starting to use the subscription may be rejected by the SELLER. In this case, the BUYER is free to continue using the product, but the fee paid will not be refunded. If the BUYER signs into and starts using the platform under the activated subscription, they will have lost the right of refund due to the product being a digital service.
Article 9: Protection of Personal Data and Refund Process
The personal data provided by the BUYER during the refund request will only be used by the SELLER for the purpose of the refund process. This data will be processed and stored in accordance with the Personal Data Protection Law No. 6698. The SELLER will only use the BUYER's personal information for the purpose of fulfilling legal obligations during the refund process.
Article 10: Force Majeure
10.1. The SELLER has the right to terminate the agreement unilaterally by giving written notice to the BUYER in case of inability to perform its services due to force majeure. Force majeure refers to unforeseen and unavoidable circumstances beyond the control of the SELLER and may include, but is not limited to: natural disasters, war, government actions, epidemics, transportation disruptions, internet connection problems, or other technical failures.
10.2. In case of cancellation of the agreement due to force majeure, the SELLER is obliged to refund the amount paid to the BUYER. However, this refund will only be made after the force majeure situation ends.
Article 11: Contact and Application
For refund and cancellation transactions, the BUYER can contact the SELLER using the following communication channels:
Email: [email protected]
Article 12: Applicable Law and Jurisdiction
In disputes arising from this Agreement, the Consumer Arbitration Committees and Consumer Courts of the SELLER's legal address, the BUYER's residence, or the place where the service was purchased are authorized.
This agreement has been prepared in accordance with the Consumer Protection Law No. 6502 and relevant legislation, and in case of invalidity of any provision, the other provisions will remain valid.