TERMS OF USE POLICY

1. PARTIES

This Terms of Use Agreement ("Agreement") is concluded between MERS YAZILIM VE TEKNOLOJİ HİZMETLERİ LİMİTED ŞİRKETİ ("Company" or "digitable") and the natural or legal person who will benefit from the digitable application ("User").

By accepting this Agreement, the User declares, accepts and undertakes that they have read and understood this Agreement, are over 18 years of age or have reached the legal age of majority according to the applicable laws in their country, and are legally competent to enter into contracts and assume legal responsibilities.

2. SCOPE OF SERVICE

digitable provides restaurant management system services for businesses in the food and beverage industry: digital menu creation and management, QR code ordering system, inventory management, customer relationship management, analytics and reporting.

• Digital Menu Creation and Management: Category, product, price, description and image management; allergen and nutritional information; presentation of menus in different languages with multi-language support,
• QR Code Management: Creation, management and redirection of customizable QR codes to menu pages,
• AI-Powered Content Generation: Production of product images, promotional videos and text content using AI technologies,
• Analytics and Reporting: QR code scan statistics, menu view analytics and user behavior reports,
• Team Management: Multiple user accounts, role-based authorization and team invitations,
• Multi-Location Management: Management of multiple branches or locations from a single account.

The Company reserves the right to expand, modify or partially/completely restrict services at any time. Users will be informed of such changes through the application or via email.

The Company acts as an intermediary service provider. The Users themselves are responsible for the accuracy, currency and legality of menu content, product information, pricing and images they create through the Platform.

3. USER OBLIGATIONS

The User is obligated to provide accurate, complete and up-to-date information during registration and application use. The User is responsible for maintaining the confidentiality of account information (username, password, etc.) and not sharing it with third parties. It is mandatory to immediately notify the Company of any unauthorized access to the account or suspected security breach.

3.1. Providing Accurate and Up-to-Date Information

The User declares that the information provided when creating an account and during the use of the service (business name, contact information, tax information, payment information, etc.) is accurate, up-to-date and belongs to themselves/their business.

In case of providing false, incomplete or misleading information by the User, all legal, criminal and financial liability belongs to the User.

3.2. Account Security

The User accepts, declares and undertakes not to share their account information on the Platform (username, password, API keys, etc.) with third parties.

It is the User's responsibility to take all necessary security measures to prevent unauthorized use of the User account. Otherwise, the Company is not responsible for any damages that may arise.

The User is obligated to immediately inform the Company if they detect unauthorized access to their account.

3.3. Lawful Use

The User accepts, declares and undertakes to use the Platform in compliance with applicable legal regulations. Otherwise, the User is responsible for any unlawful actions that may arise.

The User may not use the Platform for fraud, money laundering, forgery or purposes that threaten the security of third parties. Criminal liability arising from such use does not belong to the Company.

In the event of any criminal liability, the Users' personal data may be shared with the necessary institutions and organizations.

3.4. Content Responsibility

The User is exclusively responsible for all content they upload, create or publish through the Platform (product names, descriptions, prices, images, logos, videos and other materials).

The content uploaded or created by the User:

• Does not infringe the intellectual property rights, personality rights or other rights of third parties,
• Does not contain misleading, deceptive or unlawful content,
• Complies with the Platform's Content Policy,

The User accepts, declares and undertakes. Otherwise, the responsibility for all damages belongs to the User and the Company has no liability for these damages.

3.5. Non-Infringement of Third Party Rights

The User accepts, declares and undertakes not to infringe the intellectual property rights, property rights and commercial rights of third parties when using the Platform.

3.6. Obligations Regarding Platform Use

The User accepts, declares and undertakes to refrain from any action that could damage the software, infrastructure and operation of the Platform.

The User accepts, declares and undertakes to refrain from actions that could damage the Company's commercial reputation or lead to unfair competition through the Platform, and acknowledges that legal and criminal liability will apply otherwise.

3.7. Communication and Notification

The User accepts information, announcements and terms changes made through the contact information provided when creating an account.

In case of changes to contact information, the obligation to update this information belongs to the User. Otherwise, the Company is not responsible for notifications not reaching the User.

4. PAYMENT TRANSACTIONS

digitable application services are offered as free or paid according to the specified plans. Payment transactions are processed through different payment processors depending on the user's region.

For users in Turkey, payment transactions are processed through iyzico Ödeme Hizmetleri A.Ş. iyzico is responsible for payment collection, invoicing, and financial compliance processes in Turkey.

• Domestic (Turkey) payments: processed through iyzico Payment Services Inc.,
• International payments: processed through Paddle.com Market Ltd. Paddle acts as the Merchant of Record for international payments.

For users outside Turkey, payment transactions are processed through Paddle.com Market Limited ("Paddle"). Paddle acts as the "Merchant of Record" and is responsible for international payment collection, invoicing, refunds, taxes (VAT, sales tax, etc.) and other financial compliance processes.

Users are obligated to comply with the terms and conditions of the applicable payment processor based on their region.

5. CANCELLATION/REFUND/WITHDRAWAL

Cancellation, refund and withdrawal transactions are processed through the payment processor used for the original transaction. Users can request subscription cancellations and refunds by contacting [email protected].

All subscriptions have an unconditional right of withdrawal within 14 days from the date of purchase. For annual subscriptions, proportional refund evaluation may be made after 14 days. For monthly subscriptions, users can cancel at any time and the service continues until the end of the period. Refund transactions are processed through iyzico for users in Turkey and through Paddle for users outside Turkey.

6. PROTECTION OF PERSONAL DATA

6.1. Under KVKK

Users' personal data is processed in accordance with the Personal Data Protection Law No. 6698 (KVKK) for the purposes of improving the quality of the service provided, processing payments, ensuring user satisfaction, fulfilling legal obligations and improving user experience.

Rights granted to the User under KVKK:

• To learn whether personal data is being processed,
• To obtain information if data has been processed,
• To learn the third parties to whom data is transferred domestically and abroad,
• The right to have incomplete or incorrect data corrected,
• To learn the purpose of processing personal data and whether they are used in accordance with their purpose,
• To request the deletion or destruction of personal data within the framework of the conditions prescribed in KVKK Article 7,
• To request that the change or deletion of personal data be notified to third parties to whom data has been transferred,
• To object to a result arising against the person through the exclusive analysis of processed data by automated systems,
• To request compensation for damages in case of suffering harm due to unlawful processing of personal data.

For detailed information on the processing of personal data, the Privacy Policy can be consulted.

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:

• Right to Data Portability: The right to receive data in a structured, commonly used and machine-readable format and to transfer it to another data controller,
• Right to be Forgotten: The right to request the deletion of personal data,
• Right to Transparency: 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.

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

7. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights related to the digitable application (source code, design, logo, content, etc.) belong exclusively to the Company. No part may be copied, modified or commercialized without authorization.

7.1. User Rights and Restrictions

The User may use the Platform within the framework of these Terms. Without the written permission of the Company, the User may not commercially or in a way that could damage intellectual property, any part of the Platform:

• Reproduce,
• Publish,
• Copy,
• Process,
• Download,
• Share on another platform.

The User may not modify the design and/or software of the Platform, engage in reverse engineering, attempt to find source codes or engage in 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 of use for accessing and using the Platform. This license does not mean that the User has any intellectual property rights on the Platform.

7.2. Trademark and Domain Name Usage

Trademarks, logos, domain names and all other distinctive signs registered in the name of the Company are the property of MERS YAZILIM VE TEKNOLOJi HiZMETLERi LiMiTED SiRKETi.

The User may not use, imitate or associate the Company's brand, logo and trade name with any other product or service in any way. Otherwise, all legal rights of the Company are reserved.

7.3. Content Provided by Users

The responsibility for all user content uploaded to the Platform by Users, including all content (product names, descriptions, prices, images, logos, videos, menu information and other materials), belongs to the User.

By uploading content to the Platform, the User grants the Company a non-exclusive, free, transferable, sublicensable license right to publish, reproduce, process and display this content on the Platform and on public digital menu pages.

The User is obligated not to upload content that infringes the intellectual property rights of third parties. Otherwise, the responsibility for all damages belongs to the User.

The compliance of content uploaded by the User with the Content Policy may be checked through AI-based moderation systems and/or manual review.

7.4. In Case of Violation

In case of violation of intellectual property rights or other legal regulations, 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

reserves the right.

8. DISCLAIMER

The digitable application is provided "AS IS". The Company makes no express or implied warranty regarding the perfect operation of the application, absence of errors or fitness for a particular purpose.

The Company cannot be held liable for any direct, indirect, incidental, special or consequential damages that may arise from the use of the application. For payment transactions, the applicable payment processor (iyzico for Turkey, Paddle for international) is directly responsible.

The Company does not guarantee the quality, accuracy or fitness for purpose of content generated using artificial intelligence technologies (images, videos, texts) through the Platform.

9. TERMS CHANGES AND DURATION

These Terms of Use are valid as long as the User continues to use the Platform.

The Company reserves the right to change these Terms at any time as it deems necessary. The current Terms become effective from the moment they are published on the Platform. Important changes are announced to the User via email or in-Platform notification. By continuing to use the Platform after changes, the User is deemed to have accepted the updated Terms.

9. TERMINATION

10.1. Termination by User

The User may terminate these Terms at any time by closing their account through the Platform. However, the termination request does not eliminate the debts and obligations that have arisen until the date of termination.

10.2. Termination by Company

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

• Violation of these Terms or legislation by the User,
• Providing false, misleading or incorrect information,
• Unauthorized, fraudulent or illegal use of payment instruments,
• Engaging in activities that threaten the security of the Platform,
• Infringement of the rights of third parties,
• Engaging in behavior that damages the Company's commercial reputation,
• Repeated or severe violation of the Content Policy,
• When termination is required by binding decisions from legal authorities.

10.3. Consequences of Termination

In case of termination, the User's right to access and use the Platform ends. All authorizations, accesses and unused units linked to the User account are cancelled.

Termination does not eliminate the debts or obligations of the User that have arisen until the date of termination.

After termination, the Company may continue to retain or delete the User's personal data in accordance with KVKK and GDPR provisions. 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 actions that caused the termination. The Company reserves the right to resort to all legal and criminal remedies for compensation of damages.

11. LEGAL LIABILITY

In case of use/action by the User contrary to the terms of use and/or applicable legal regulations within the scope of these Terms, the User is responsible for all damages that may arise. In this context, the User is responsible for material and/or moral damages that may occur to both the Company and third parties.

The Company reserves the right to suspend or terminate the User's membership and to resort to legal remedies in the event of such situations arising.

13. AI-GENERATED CONTENT

The Platform may use artificial intelligence technologies to generate menu descriptions, translations, and content suggestions to enhance the user experience. Such content is for informational purposes and its accuracy is not guaranteed.

12.1. Terms of Use

• AI content generation is charged through the unit system. The specified unit amount for each generation operation is deducted from the User's available units.
• The User accepts that the quality, accuracy and fitness for purpose of AI-generated content is not guaranteed.
• Unit refunds for failed or unexpected AI operations are subject to the conditions in the Cancellation and Refund Policy.

12.2. Data Transfer

During the AI content generation process, the User's existing product images, text information and menu data may be transferred to third-party artificial intelligence service providers. By using the Platform, the User is deemed to have consented to this transfer. Details regarding the transfer are included in the Privacy Policy.

12.3. Intellectual Property

The intellectual property rights of AI-generated content are made available for the User's use, limited by the terms of use of the relevant AI providers. The Company does not claim any intellectual property rights over AI-generated content; however, it is the User's responsibility to ensure that this content does not infringe third-party rights.

13. UNIT SYSTEM

The Platform offers a unit-based consumption system for the use of certain services (AI content generation, advanced translation, etc.).

• Welcome Units: Units defined within the plan are granted to the User free of charge at the start of a new subscription.
• Production Packages: Users can purchase additional units from the packages listed on the Platform's pricing page.
• Usage: The unit amount required for each AI operation is shown to the User before the operation.
• Duration: Units are valid throughout the active subscription period from the date of purchase. Unused units are cancelled when the subscription ends.

Unit pricing, package contents and usage details are published up-to-date on the relevant pages of the Platform.

14. REFERENCE TO OTHER POLICIES

These Terms of Use form a whole together with the following policies. By using the Platform, the User is deemed to have accepted all of these policies:

• Privacy Policy: Principles regarding the processing, storage and protection of personal data,
• Cookie Policy: Cookies and similar technologies used on the Platform,
• Content Policy: Rules and restrictions regarding content uploaded to the Platform,
• Cancellation and Refund Policy: Conditions regarding subscription cancellation, unit refunds and right of withdrawal,
• Distance Sales Agreement: Legal regulation regarding remote sales transactions.

The current texts of these policies are accessible on the Platform.

10. APPLICABLE LAW AND JURISDICTION

This Agreement is governed by the laws of the Republic of Turkey. Istanbul Courts and Enforcement Offices have jurisdiction in case of disputes.

However, the mandatory provisions of local laws of users located in European Union countries are reserved.

11. CONTACT

For any questions, complaints or requests related to this Agreement:

Company: MERS YAZILIM VE TEKNOLOJİ HİZMETLERİ LİMİTED ŞİRKETİ

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

Email: [email protected]