Business Distance Sales Agreement

Article 1. Parties

Article 2. Subject Matter

2.1. The subject of this Agreement is the determination of the rights and obligations of the parties concerning the provision of the package and credit service ordered by the Buyer electronically through the innclude Business panel.

2.2. This Agreement has been drawn up having regard to the provisions of Law No. 6502 on Consumer Protection and the Distance Contracts Regulation. Where the Buyer does not have the status of a consumer, the provisions specific to consumer legislation do not apply by their nature; the other provisions of the Agreement continue to apply.

2.3. The Buyer accepts that, before confirming the order, it has read the Business Preliminary Information Form and has been informed of the subject of the order, its price, the payment method and the right of withdrawal.

Article 3. Characteristics of the Service and the Price

3.1. The service is provided electronically; there is no delivery of physical goods and no dispatch note.

3.2. The scope of the package is the scope displayed in the panel at the moment the order is formed and listed above in this Agreement. Usage limits and quota rules are set out in the Commercial Terms Annex.

3.3. For Buyers resident in Türkiye the price is set and collected in Turkish lira; the price is not indexed to foreign currency or to any other value. The currency cannot be changed during an active paid subscription.

3.4. No additional cost is charged beyond the total price.

Article 4. Payment

4.1. The price is collected in advance. Payment is made by credit card or debit card and 3D Secure verification is applied.

4.2. The card number, expiry date and security code are transmitted through innclude's servers to the authorised payment institution in order to take the payment. innclude does not record or store this information.

4.3. If the payment does not go through for any reason, the order is not formed and the package is not opened.

4.4. An electronic invoice is issued following collection. An invoice becomes final with the invoice record details as at the moment it is issued; even if the record is changed afterwards, an invoice already issued does not change.

Article 5. Performance of the Service

5.1. The package is opened at the same moment the payment is approved. The service is deemed to have begun to be performed from that moment.

5.2. The subscription does not renew automatically at the end of the period. If the Buyer pays the price for the new period the package continues; if it is not paid, the package remains open for a further three days after the end of the period and falls to the free tier at the end of that time.

5.3. innclude notifies the Buyer's registered email address and the in-panel notification surface, before the end of the period, that the period is coming to an end and that the package will fall to the free tier if payment is not made. This notification does not constitute a demand for payment; payment is made by the Buyer's own action.

5.4. An automatic renewal function based on storing a payment method is not offered as at the effective date of this Agreement. If it is introduced in future, it will be activated only with the Buyer's separate consent, the Buyer may switch it off from the panel at any time, and information will be given before the first collection.

Article 6. Right of Withdrawal

6.1. The service is performed instantly in the electronic environment upon the Buyer's consent. Under subparagraph (ğ) of the first paragraph of Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised in contracts of this nature.

6.2. By confirming the order the Buyer accepts that the service will be provided instantly together with its consent and that for this reason there is no right of withdrawal. This consent is taken separately at the purchase step, and the record of the consent is stored together with the order.

Article 7. Cancellation and Refund

7.1. The Buyer may cancel its subscription at any time. Cancellation takes effect at the end of the paid period. There is no option for immediate cancellation.

7.2. No refund is made for a period already paid for; the price is the consideration for keeping the package available for use throughout the period.

7.3. Where payment has been made annually in advance, no refund is made if the subscription is cancelled during the annual period. If innclude exceptionally makes a refund at its own discretion, the months used are recalculated at the monthly tariff and deducted from the amount paid; the remaining amount is refunded, and if the recalculated amount exceeds the price paid, no refund is made.

7.4. The cases in which innclude refunds the price directly are: duplicate collection, and the package having been entirely unusable for a technical reason attributable to innclude. The refund is made through the channel by which the payment was made within ten business days at the latest.

Article 8. Changes to and Suspension of the Service

8.1. If innclude decides to remove a feature that was available on the date the order was formed and that the Buyer uses, it gives notice at least thirty days in advance. In that case the Buyer may cancel its subscription before the renewal date.

8.2. The service may become temporarily inaccessible because of maintenance, updates and mandatory technical interventions. innclude announces such interruptions as far as possible and keeps them short.

8.3. innclude may suspend the service or terminate the Agreement in the event of a breach of the Business Agreement or of legislation. The decision is notified together with its grounds where possible.

Article 9. Personal Data

9.1. The personal data of the Buyer and of its authorised users is processed as explained in the Business Data Protection Notice.

9.2. The mutual obligations concerning participant, guest and team data processed through the Platform are set out in the Data Processing Agreement.

Article 10. Disputes and Applications

10.1. The Buyer submits its requests and complaints through the support section in the panel or via [email protected]. The objection procedure and time limits are set out in Article 10 of the Commercial Terms Annex.

10.2. Where the Buyer has the status of a consumer, applications may be made, according to the monetary thresholds, to the Consumer Arbitration Committees or to the Consumer Courts under Law No. 6502 on Consumer Protection.

10.3. Where the Buyer is a merchant or a party acting for commercial purposes, the Istanbul Anatolian Courts and Enforcement Offices have jurisdiction over disputes arising from this Agreement. Turkish law applies.

Article 11. Order of Precedence of Documents

11.1. In the event of a conflict between this Agreement and the innclude Business Agreement and the Commercial Terms Annex, the Commercial Terms Annex applies to matters concerning the purchase of packages and credits. The Data Processing Agreement applies to matters concerning personal data.

Article 12. Entry into Force

12.1. By confirming the order the Buyer is deemed to have accepted all the terms of this Agreement. The Agreement is formed electronically at the moment the order is confirmed.

12.2. The confirmation is recorded together with the version of the text confirmed (1.0), the date of confirmation and the Authorised User who gave it, and is provided to the Buyer upon request.