TERMS OF USE POLICY

PARTIES

This Terms of Use Policy (hereinafter referred to as "policy"), has been concluded between MERS YAZILIM VE TEKNOLOJİ HİZMETLERİ LİMİTED ŞİRKETİ, owner of https://digitable.ai (hereinafter referred to as "Website") and Digitable (hereinafter referred to as "mobile application"), and all natural and legal persons who use the Website and/or mobile application by completing membership registration procedures on the Website or mobile application (hereinafter referred to as "User").

MERS YAZILIM VE TEKNOLOJİ HİZMETLERİ LİMİTED ŞİRKETİ and Users within the scope of this policy will be referred to as "parties".

SCOPE OF SERVICE

Within the scope of this agreement, the service offered to users through the Website and mobile application is to provide intermediary services for ordering and payment transactions between users and gastronomy establishments and to provide higher quality and easier service for such transactions.

Users can make payments at other party gastronomy establishments through the website and mobile application using credit card, debit card or other electronic payment methods.

The Company is only an intermediary providing order and payment infrastructure. The Company is not responsible for disputes that may arise from gastronomy establishments. Responsibility for any disputes lies with the gastronomy establishments.

Payment transactions made by users through the website and mobile application will be carried out through contracted banks and payment institutions in accordance with national and international security standards.

USER OBLIGATIONS

The User accepts, declares and undertakes the following obligations by using the website and/or mobile application.

Providing Accurate and Current Information

The User declares that when creating a user account through the website and/or mobile application, the account information (name, surname, contact information, payment information, etc.) is accurate, current and belongs to them.

In case of incorrect, incomplete or misleading information provided by the User, all legal, criminal and financial responsibility belongs to the user.

Account Security

The User accepts, declares and undertakes not to share user account information (username, password, bank/credit card information, etc.) created through the website and/or mobile application with third parties.

It is the user's responsibility to take all necessary security measures to prevent unauthorized persons from using the user account. Otherwise, the Company is not responsible for any damages that may arise.

Lawful Use

Users accept, declare and undertake that by approving this policy and/or using the website or mobile application, they will use it lawfully within the scope of current legal regulations. Otherwise, Users are responsible for any unlawful transactions that may arise.

The Company is not criminally liable if the use by Users is for fraud, money laundering, forgery, manipulation of payment methods or threatening the security of third parties. The same applies to unauthorized access and/or hacking attempts.

Users accept, declare and undertake that in case of any criminal liability arising, not limited to the crimes mentioned above, personal data of users may be shared with necessary institutions and organizations for necessary procedures.

Non-Violation of Third Party Rights

Users accept, declare and undertake that within the scope of this Policy, while using the website and/or mobile application, they will not violate the intellectual property rights, property rights, commercial rights, etc. of third parties and gastronomy establishments, otherwise they will be legally liable.

Payment Responsibility

The User accepts, declares and undertakes the financial responsibility of payments made pursuant to this Policy through the website/mobile application.

The User accepts, declares and undertakes that the bank/credit card or payment instrument used for payment is allocated for their own use and does not violate the rights of a third party.

Legal and criminal liability arising from unauthorized card or payment instrument use belongs to the user.

Obligations Regarding Use of Website and Mobile Application

The User accepts, declares and undertakes to refrain from any action that may cause damage to the software, infrastructure and operation of the website and mobile application.

The User accepts, declares and undertakes to refrain from any action through the website and mobile application that may damage the commercial reputation of both the Company and the gastronomy establishments or lead to unfair competition, otherwise legal and criminal liability will arise.

Communication and Notification

The User accepts information, announcements and contract changes to be made through the contact information provided when creating a user account through the website and mobile application.

In case of any change in the User's contact information, the obligation to update this information belongs to the user. Otherwise, the Company is not responsible for updates not being communicated to the user.

Legal Responsibility

The user is responsible for all damages arising from use/action contrary to the terms of use determined within the scope of this Policy and/or legal regulations in force. In this context, the user is also responsible for material and/or moral damages that may occur to both the Company and third parties.

In the event of the above-mentioned situations, the Company reserves the right to suspend the user's membership, terminate it and take legal action.

PAYMENT TRANSACTIONS

Payments to be made by users through the website and/or mobile application are carried out through infrastructure compliant with PCI DSS (Payment Card Industry Data Security Standard) standards and national and international payment security protocols.

The Company does not share user information during payment with third parties unless necessary or unless the Company has legal responsibility; it may only share with relevant banks, payment institutions and legally authorized authorities.

The Company is not responsible for delays or errors arising from banks, payment institutions, technical infrastructure during payment transactions made by the User through the website or mobile application, and for problems arising from gastronomy establishments themselves.

CANCELLATION, REFUND AND WITHDRAWAL

The refund and cancellation conditions determined by the relevant gastronomy establishments apply to payments made by users. Since the Company is only an order and payment intermediary, it is not directly responsible for the quality of the product, service and refund processes.

Users are obliged to submit their requests for refund and cancellation transactions directly to the relevant gastronomy establishments.

PROTECTION OF PERSONAL DATA AND PRIVACY

6.1 Under KVKK

Personal data belonging to users is processed in accordance with the provisions of the Personal Data Protection Law No. 6698 (KVKK) for the purposes of improving the quality of the service offered, processing payments, ensuring user satisfaction, fulfilling legal obligations and improving user experience.

Rights granted to users under KVKK:

• To learn whether personal data is processed,
• To obtain information if data has been processed,
• To learn third parties to whom data is transferred domestically and abroad,
• Right to have incomplete or incorrectly processed data corrected,
• To learn the purpose of processing personal data and whether they are used in accordance with their purpose,
• To request deletion or destruction of personal data within the framework of conditions stipulated in KVKK Article 7,
• To request notification of changes or deletions to third parties to whom data has been transferred,
• To object to the emergence of a result against the person themselves by analyzing processed data exclusively through automated systems,
• To claim compensation for damages in case of damage due to unlawful processing of personal data,

users have these rights.

6.2. Under GDPR

For European Union citizens, personal data is processed in accordance with the provisions of the European Union General Data Protection Regulation (GDPR).

Additional rights granted to users under GDPR:

• Data Portability Right: The right to receive data in a structured, commonly used and machine-readable format and transfer it to another data controller,
• Right to be Forgotten: To request deletion of personal data,
• Transparency Right: The right to be informed about the purposes and legal basis for processing data,
• Right to Object to Processing: The right to object to direct marketing and profiling activities

6.3. Data Security

The Company applies security methods such as encryption, firewall, access controls and regular audits to ensure the security of personal data. The Company may also resort to other security methods if deemed necessary.

Data is not shared with third parties except for legal obligations.

INTELLECTUAL PROPERTY RIGHTS

All rights, ownership and interests relating to the website and mobile application belong to the Company. The software, design, database, interface, visuals, texts, logos, trademarks and all other content of the website and mobile application are protected under the Intellectual and Artistic Works Law No. 5846 (FSEK), Industrial Property Law No. 6769, Turkish Commercial Code and relevant international intellectual property agreements.

User Rights and Restrictions

The User may use the website and/or mobile application for personal and non-commercial purposes within the framework of these terms. Without the written permission of the Company, the User may not use any part of the website and mobile application for commercial purposes or in a way that may harm intellectual property;

• Cannot reproduce,
• Cannot publish,
• Cannot copy,
• Cannot process,
• Cannot download,
• Cannot share on another platform.

The User cannot change the design and/or software of the website and mobile application, cannot engage in reverse engineering, source code discovery attempts or system copying activities. Otherwise, all legal rights of the Company are reserved.

The Company grants the User a personal, limited, non-exclusive, non-transferable and non-sublicensable right to access and use the website and mobile application.

Under this license, users may only use the website and mobile application for personal and appropriate needs, for carrying out order and payment transactions and for benefiting from the legal services offered by the service. This license does not mean that the user has any intellectual property rights over the website and mobile application. All rights belong to the Company.

Trademark and Domain Name Use

Trademarks, logos, domain names and all other distinctive signs registered in the name of the Company are the property of MERS YAZILIM VE TEKNOLOJİ HİZMETLERİ LİMİTED ŞİRKETİ.

The User cannot use, imitate or associate the trademark, logo and trade name belonging to the Company in any way with another product or service. Otherwise, all legal rights of the Company are reserved.

User-Provided Content

The responsibility for comments, reviews, images or other content uploaded by users to the website and mobile application belongs to the User.

By uploading content to the website and mobile application, the User grants the Company a non-exclusive, free, transferable, sublicensable license to publish, reproduce and process this content on the website and mobile application.

The User is obliged not to upload content that violates the intellectual property rights of third parties. Otherwise, the responsibility for all damages that may arise belongs to the User.

In Case of Violation

In case of violation of intellectual property rights and all other legal and criminal dispute-related rights, the Company has the right to;

• Suspend or close the user account,
• Remove the relevant content from publication,
• Resort to all legal remedies for compensation of material/moral damages.

The User accepts that by accepting these Terms of Use or continuing to use the website and mobile application, they will be responsible for the damages mentioned.

DISCLAIMER

The Company is not responsible for the quality, timely delivery, legality of products and services offered by third parties and gastronomy establishments accessed through the Company's website and mobile application, and other similar transactions concerning third parties and gastronomy establishments.

The Company is not responsible for damages that may arise from force majeure, technical failures, interruptions caused by third parties and delays or similar interruptions arising from gastronomy establishments.

POLICY CHANGES AND DURATION

The duration of these Terms of Use Policies will continue as long as the user continues to use the website and/or mobile application.

The Company reserves the right to change these terms at any time as deemed necessary. Current terms become effective from the moment they are published on the website and mobile application, and users are deemed to have accepted the changes by continuing to use the website and mobile application.

TERMINATION CONDITIONS AND CONSEQUENCES

Termination by User

The User may terminate these terms at any time by closing their user account through the website and mobile application. However, the user's termination request does not eliminate the obligations registered in the Company's systems.

The debts and responsibilities arising from all transactions carried out by the User until the termination date continue.

Termination by Company

The Company has the right to partially or completely suspend or terminate the user's account in the following cases:

• The user's violation of these terms or regulations,
• Provision of false, misleading or incorrect information,
• Unauthorized, fraudulent or fraudulent use of payment instruments,
• Activities that threaten the security of the website and mobile application,
• Violation of third party rights,
• Behaviors that damage the commercial reputation of the Company,
• Termination being mandatory in accordance with binding decisions from legal authorities.

Termination Consequences, Compensation and Sanctions

In case of termination, the user's right to access and use the website and mobile application ends, and all authorizations, access, balance or campaigns linked to the user account are cancelled.

Termination does not eliminate the user's debts or obligations that have arisen until the termination date.

The Company may continue to store or delete personal data belonging to the user after termination in accordance with KVKK and GDPR provisions. At the same time, termination does not eliminate the Company's intellectual property rights and rights arising from confidentiality obligations.

The user is responsible for all damages suffered by the Company or third parties due to the user's actions that caused termination. The Company reserves the right to take all legal and criminal action against the user for compensation of damages.

APPLICABLE LAW AND JURISDICTION

These terms are subject to the law of the Republic of Turkey; Bursa Courts and Enforcement Offices are authorized for disputes that may arise between the parties.

CONTACT

For all requests and complaints:

MERS YAZILIM VE TEKNOLOJİ HİZMETLERİ LİMİTED ŞİRKETİ

Address: Karaman Mah. Ceylan(170) Sk. No: 1 İç Kapı No: 1 Nilüfer/Bursa Turkey

Email: [email protected]