SaaS SERVICE AGREEMENT

1. PARTIES

This Cloud-Based Software (SaaS) Service Agreement (hereinafter referred to as the "Agreement") is entered into between the parties specified below:

Provider:

MERS YAZILIM VE TEKNOLOJİ HİZMETLERİ LİMİTED ŞİRKETİ

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

MERSIS No: 0618090558600001

Email: [email protected]

Customer:

A natural or legal person who accepts this Agreement by creating an account and purchasing a subscription plan on the Platform. Customer information is the information declared during the account creation and payment process.

The Provider and the Customer shall hereinafter be collectively referred to as the "Parties".

2. SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is the determination of the rights and obligations of the parties regarding the Provider's offering of the Digitable digital menu platform (https://digitable.ai and https://app.digitable.ai) to the Customer's use via the internet under the SaaS (Software as a Service) model.

The software is hosted in data centers (Germany) determined by the Provider and always remains on the Provider's servers. No ownership or source code of the software is transferred to the Customer; only the right of use within the scope of the selected plan is granted.

This Agreement forms a whole together with the Terms of Use, Privacy Policy, Cookie Policy, Content Policy and Cancellation and Refund Policy published on the Platform. The current texts of these policies are accessible on the Platform.

3. SERVICE DESCRIPTION AND FEATURES

The Platform covers the following services:

• Digital Menu Management: Category, product, price, description, allergen and nutritional value information management; multi-language support,
• QR Code Management: Creation of customizable QR codes and redirection to menu pages,
• AI-Powered Content Generation: Generation of product images, promotional videos, menu translations and text content using AI technologies (unit-based usage),
• Analytics and Reporting: QR code scan statistics and menu view analytics,
• Team Management: Multiple user accounts and role-based authorization,
• Multi-Location Management: Management of multiple branches from a single account.

The detailed scope of the service is determined by the selected subscription plan. Plan features and limits are published on the Platform's pricing page.

4. SUBSCRIPTION PLANS AND UNIT SYSTEM

4.1. Subscription Plans

The Customer subscribes to the service by selecting a monthly or annual subscription plan on the Platform. Each plan includes different feature sets, user counts, location limits and unit quotas.

Plan changes (upgrade or downgrade) can be made self-service on the Platform.

4.2. Unit System

Content generation with artificial intelligence and certain advanced features operate through a unit-based consumption system:

• Welcome Units: Free units granted within the plan scope at the start of a new subscription.
• Production Packages (Top-up): Additional units purchased independently of the subscription as a one-time purchase.
• Usage: The amount of units required for each AI operation is shown to the Customer before the operation.
• Validity: Units are valid throughout the active subscription period. Unused units are cancelled when the subscription ends.

5. PRICING AND PAYMENT CONDITIONS

The service fee is determined by the subscription plan selected by the Customer and the production packages purchased. Current prices, including taxes, are published on the Platform's pricing page.

• Customers in Turkey: Payments are processed through iyzico Ödeme Hizmetleri A.Ş.
• International Customers: Payments are processed through Paddle.com Market Limited. Paddle acts as the "Merchant of Record".

Subscription fees are automatically collected according to the selected payment period (monthly/annual). Automatic renewal occurs during payment periods unless the Customer cancels their subscription.

The Provider reserves the right to change pricing. Price changes do not affect the current subscription period; they take effect from the next renewal period. The Customer is notified of price changes at least 30 days in advance. Detailed conditions regarding price changes (monthly/annual plan distinction, notification periods, cancellation rights) are regulated in the Distance Sales Agreement.

6. USAGE RIGHTS AND RESTRICTIONS

The Customer undertakes to use the software only in a legal and contractual manner within the scope of this Agreement.

The Customer:

• Cannot share account information (username, password, API keys) with third parties,
• Cannot use the software for reverse engineering, source code extraction or copying purposes,
• Cannot engage in activities that threaten the security and operation of the Platform,
• Cannot use the Platform to create content contrary to the Content Policy.

The Customer allows the data created while using the Platform (menu content, images, product information) to be processed by the Provider for service delivery purposes and displayed on publicly accessible menu pages.

7. ARTIFICIAL INTELLIGENCE SERVICES AND DATA TRANSFER

The Platform uses third-party service providers for AI-powered content generation:

By using AI content generation services on the Platform, the Customer consents to the transfer of product images, text information and menu data to these third-party providers.

The Provider does not guarantee the quality, accuracy or fitness for purpose of AI-generated content. Interruptions or errors caused by third-party providers in AI services are not the responsibility of the Provider.

8. WARRANTY AND LIABILITY

The Provider will make reasonable efforts to ensure the general operation of the service, but does not guarantee uninterrupted or error-free operation.

The Provider is not responsible for any direct or indirect data loss, loss of profit, business interruption or any indirect damages.

The total liability of the Provider is limited to the service fee paid by the Customer in the last 12 months.

The Customer is exclusively responsible for the accuracy, currency and legality of all content uploaded or created on the Platform (product names, descriptions, prices, images, logos, etc.). The Provider is not responsible for any damages arising from user content.

9. PRIVACY AND DATA PROTECTION

The Parties undertake to keep all information acquired within the scope of this Agreement confidential.

The Provider will protect and process the Customer's personal data in accordance with the provisions of Law No. 6698 on the Protection of Personal Data (KVKK) and the European Union General Data Protection Regulation (GDPR).

Detailed information on the processing of personal data is provided in the Privacy Policy.

10. DATA STORAGE, BACKUP AND SECURITY

The Provider is obligated to store the data processed within the scope of the service in a secure environment. Data storage is carried out on a data center infrastructure operating in Germany.

The Provider will take necessary current security measures against unauthorized access, data loss, cyber attacks and malicious software.

The Customer is obligated to protect their own access credentials (password, etc.) and must immediately notify the Provider in case of unauthorized use.

If the Customer processes personal data belonging to third parties (customer information, employee information, etc.) through the Platform, they are obligated to take appropriate technical and organizational measures to protect such data.

11. CUSTOMER'S COOPERATION OBLIGATION

The Customer is obligated to provide all necessary information completely and accurately to the Provider for the provision of the service.

The Customer is obligated to report technical problems encountered regarding the use of the service to the Provider as soon as possible.

The Customer is responsible for taking necessary security measures in their own infrastructure (internet connection, devices, etc.) to ensure system security.

12. TERM AND TERMINATION OF THE AGREEMENT

This Agreement enters into force when the Customer creates an account on the Platform and purchases a subscription plan, and remains valid throughout the subscription period.

12.1. Termination by the Customer

The Customer can cancel their subscription at any time through the Platform. Cancellation takes effect at the end of the current payment period; service usage continues until the end of the period.

12.2. Termination by the Provider

The Provider may unilaterally terminate the Agreement in the following cases:

• The Customer's violation of this Agreement or site policies,
• Payment obligations being delayed for more than 30 days,
• Engaging in activities that threaten Platform security,
• Binding decisions from legal authorities.

13. DATA RETURN AND DELETION

After the termination of the Agreement, the Provider will make the data created by the Customer available for download in an appropriate format (CSV, JSON, etc.) upon the Customer's request.

Data is retained for the retention periods specified in the Privacy Policy from the Customer's account deletion request or subscription termination, and then completely deleted.

Data that must be retained under legal obligations (invoice and payment data: 10 years; legal acceptance records: 10 years) are excluded from these periods.

14. CANCELLATION AND REFUND

Conditions regarding subscription cancellation, unit refund and right of withdrawal are regulated in detail in the Cancellation and Refund Policy.

15. SERVICE LEVEL COMMITMENTS (SLA)

15.1. Uptime Rate

The Provider targets a minimum 99% uptime rate on an annual basis. Planned maintenance work is not included in this calculation.

Planned maintenance is carried out during low-traffic hours whenever possible and is notified at least 48 hours in advance via the Platform or email.

15.2. Support

• Email Support: Via [email protected], on business days 09:00-18:00 (UTC+3).
• Response Time: Critical issues (Platform completely inaccessible): Response within 4 hours. Standard issues: Response within 1 business day.

15.3. Data Backup

The Provider performs daily automatic backups. Backups are retained for at least 30 days.

16. APPLICABLE LAW AND JURISDICTION

This Agreement is subject to the laws of the Republic of Turkey. Bursa Courts and Enforcement Offices have jurisdiction over disputes between the Parties.

Customers located in the EU/EEA may also exercise their rights arising from consumer protection legislation in their own countries.

17. FINAL PROVISIONS

This Agreement enters into force when the Customer creates an account on the Platform, purchases a subscription and checks the relevant consent checkboxes.

The Provider reserves the right to update this Agreement when necessary. Significant changes are notified to the Customer at least 30 days in advance. The Customer is deemed to have accepted the updated Agreement by continuing to use the service after changes.

18. CONTACT

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]