Distance Sales and Service Agreement

Distance Selling and Service Agreement

(Post ai Pilot – Digital Service / Subscription)

1. Parties

1.1. This Distance Sales and Services Agreement (“Agreement”);

Seller / Service Provider

Furkan Pehlivanoğlu Sole Proprietorship

Address: Cevizli Mahallesi, Zuhal Caddesi, Ritim İstanbul Sitesi, A4 Blok, No: 46 D, Floor: 3, Apartment: 34, Maltepe / ISTANBUL

Phone: +90 542 656 07 00

Email: info@postaipilot.com

Mersis/Tax Number: 7240646671

(Hereinafter referred to as “SELLER/SERVICE PROVIDER” or simply “COMPANY”)

Consumer

Name and Surname: [CONSUMER NAME AND SURNAME]

Address: [CONSUMER ADDRESS]

Phone: [CONSUMER PHONE]

Email: [CONSUMER EMAIL]

This agreement has been established electronically between us, in accordance with the provisions of the Law No. 6502 on Consumer Protection ("TKHK") and the Regulation on Distance Contracts, under the terms and conditions specified below.

2. Topic

2.1. The subject of this Agreement is to define the rights and obligations of the parties regarding the Consumer's purchase of credit/package subscription services ("Service") offered under the Post ai Pilot brand for digital content creation and social media management purposes via postaipilot.com or the mobile application.

2.2. The service is provided by generating text, image, video, and similar digital content suggestions using artificial intelligence infrastructure and presenting them to the Consumer through the Platform. The content and scope of the service may vary depending on the Package/Plan and Credit amount purchased by the Consumer.

3. Definitions

3.1. Package/Plan: Refers to pre-priced subscription options that provide the right to produce a specific amount of content on the platform for a specific period (e.g., monthly/yearly).

3.2. Credit: Refers to the virtual usage rights used for digital content creation. Each piece of content creation (e.g., a post, an image, a video, etc.) consumes a certain number of credits. Credit values are shown in detail on the Platform.

3.3. Digital Content / Digital Service: Digital data such as text, images, and videos, produced, stored, transmitted, or accessed electronically without the use of physical media, as well as services related to their production and presentation.

3.4. Subscription: Refers to Services offered regularly for a specific period (e.g., monthly, quarterly, yearly) along with the associated Plan and Credit usage.

4. Establishment of the Agreement

4.1. The consumer is deemed to have accepted this Agreement electronically when they select a Package/Plan via the Platform, approve the pre-information form, and complete the payment process through the payment page.

4.2. The contract is deemed established upon the Consumer's electronic confirmation and payment of the fee. The Consumer declares that they have read and accepted this Agreement and the Preliminary Information Form located on the Platform.

5. Scope and Delivery of Service (Digital Performance)

5.1. The service is entirely digital and there is no physical delivery. The consumer requests content creation through the Platform within the scope of the credits and features specified in the Package/Plan they have purchased.

5.2. Immediately after the payment process is successfully completed, the credits and features of the relevant Package/Plan will be credited to the Consumer's account. Service provision is considered to have commenced from this moment.

5.3. Content creation; is automatically performed by artificial intelligence systems according to the brief, instructions, and parameters provided by the Consumer through the Platform. Delivery is considered complete when the content is displayed to the Consumer through the Platform, made available for download, or ready for sharing.

5.4. Since providing the service requires an internet connection, the Consumer is responsible for their own internet infrastructure and access capabilities.

6. Package / Credit Definition and Usage

6.1. By selecting one of the Package/Plan options specified on the Platform, the Consumer accepts the credit amount and service duration associated with that Package. For example:

• "3 posts per week" package
• "Daily mail" package
• “Post + video production” package
• etc.

6.2. The number of credits each content type (visual, video, long text, etc.) will consume is clearly stated on the Platform. The Company reserves the right to update these credit requirements within the framework of technical and commercial requirements; updates will be applied prospectively.

6.3. Credits must be used within the contract period. Unused credits may be automatically deleted at the end of the period; refunds or transfers are not possible, unless explicitly stated otherwise on the Platform.

6.4. Subscription plans may have automatic renewal options at the end of the term, depending on the Consumer's choice. The Consumer can disable automatic renewal at any time through the account settings.

7. Fees, Payments and Iyzico Collection Processes

7.1. Service fees are clearly displayed on the Platform in Turkish Lira (or the specified currency), including or excluding taxes, depending on the Package/Plan type, credit amount, and subscription duration.

7.2. The consumer pays the fee in advance using the payment method they have chosen. Payments are collected through the virtual POS/payment infrastructure provided by iyzico Payment Services Inc. (“İyzico”).

7.3. Credit card/bank card information is processed and stored through Iyzico's secure infrastructure, not by the Company. The Company does not see or store the Consumer's card information.

7.4. In the event that the payment transaction is not approved, is withdrawn by the bank/wire transfer, or is cancelled, the Company reserves the right to suspend or terminate the Service.

7.5. Whether for one-time packages or subscription plans, the consumer can accept automatic payment by registering their card. In this case, automatic payment will be made via the Iyzico infrastructure at specified intervals at the end of the subscription period.

7.6. In case of return or cancellation, the refund (to the extent permitted by law) will be processed through the Iyzico system to be returned to the same payment method. The refund processing times of banks are not under the control of the Company.

8. Invoice Preparation

8.1. The invoice for the service fee shall be issued as an e-invoice or e-archive invoice within the framework of the provisions of the Tax Procedure Law No. 213.

8.2. The invoice will be sent electronically to the e-mail address provided by the Consumer and/or made accessible via the user panel. The Consumer is responsible for ensuring that their information is accurate and up-to-date.

9. Right of Withdrawal and Exceptions

9.1. As a rule, the Consumer has the right to withdraw from distance contracts within 14 (fourteen) days without giving any reason and without paying any penalty.

9.2. However, in accordance with the Consumer Protection Law and the Regulation on Distance Contracts;

• Services performed instantly in an electronic environment or
• Intangible goods (digital content) delivered instantly to the consumer.

The consumer does not have the right to withdraw from the contract.

9.3. By approving this Agreement, the Consumer acknowledges and declares that the Service is performed instantly or within a very short time in a digital environment due to its nature, that a package/credit is added to their account after payment, and that the performance of the Service begins immediately; therefore, it falls within the scope of the exception to the right of withdrawal pursuant to the relevant legislation.

9.4. The company may, at its sole discretion for commercial purposes, occasionally offer return/exchange options as part of campaigns or customer satisfaction initiatives; however, this option does not constitute a statutory right of withdrawal and cannot be guaranteed to always apply.

10. Contract Duration and Termination

10.1. With regard to one-time packages, the Agreement shall automatically terminate upon the Consumer's use of the credits or the expiration of the package period.

10.2. In subscription plans, the Agreement is in effect for the duration of the subscription. The consumer may terminate the subscription by canceling the automatic renewal before the start of the next period. As a rule, payments made for the ongoing period are non-refundable.

10.3. In cases where the Consumer acts in violation of the Agreement or legislation, engages in malicious use, requests for the production of unlawful content, etc., the Company has the right to immediately suspend the Service and terminate the Agreement for just cause.

11. Party Obligations and Responsibilities

11.1. The Company is responsible for the overall operation of the Platform and the provision of the Service in compliance with regulations; however, it does not guarantee uninterrupted, error-free, or specific performance.

11.2. The consumer is solely responsible for ensuring that all data (text, images, product information, etc.) entered into the Platform complies with the law, principles of fairness, and the rights of third parties.

11.3. Content generated by artificial intelligence is the output of statistical modeling and algorithms and does not constitute professional advice in legal, medical, financial, accounting, etc. areas. The Consumer is solely responsible for all legal, criminal, and administrative liabilities arising from the use of this content.

11.4. The Company cannot be held liable for direct or indirect damages such as loss of revenue, loss of reputation, loss of data, etc. The Company's total liability for direct damages is limited to the total amount paid by the Consumer for the relevant Service.

12. Intellectual Property Rights

12.1. The intellectual property rights of the platform, software infrastructure, interface designs, trademarks and logos, database and all content belong to the Company or third parties from whom it has obtained licenses.

12.2. The consumer may only use the Platform to manage their own business or personal social media accounts; they may not resell, rent, or transfer the Platform to third parties.

12.3. Consumers have the right to use AI-generated content to the extent permitted by law; however, the models, software, and algorithms used in the production of this content are the property of the Company.

13. Force Majeure

13.1. The Company shall not be held liable for its inability to fulfill its obligations on time or at all due to force majeure events such as natural disasters, war, terrorism, insurrection, strikes, lockouts, system failures, power outages, internet infrastructure problems, decisions of public authorities, etc.

14. Protection of Personal Data

14.1. Consumer's personal data is processed in accordance with the Law No. 6698 on the Protection of Personal Data ("KVKK") and related legislation, and within the purposes and conditions stated in the Company's Privacy Notice and Cookie Policy.

14.2. Consumers may submit their applications and requests regarding their personal data through the channels specified by the Company.

15. Dispute Resolution

15.1. In disputes arising from the implementation of this Agreement, the Consumer Arbitration Boards and Consumer Courts located in the Consumer's place of residence or where the consumer transaction took place shall have jurisdiction.

15.2. Monetary limits are determined according to the legislation in force for the relevant year.

16. Entry into force

16.1. By completing the payment process through the Platform, the Consumer declares and undertakes that they accept this Agreement electronically, and that they have read, understood, and approved all its terms and conditions.

16.2. This Agreement shall enter into force on the date of its electronic approval.

Date: [DATE]

Consumer: [FIRST NAME LAST NAME]

Seller/Service Provider: Furkan Pehlivanoğlu Sole Proprietorship