Distance Selling Contract

1. 1. PARTIES AND SUBJECT

The subject of this Pre-Information Form is to inform the Buyer and the Seller in accordance with the provisions of the Law and Regulations regarding the Contract between them. In addition, the mandatory provisions to be included in accordance with the Regulation are included in the Pre-Information Form. The BUYER can track the information regarding the Pre-Information Form and the Agreement from the “My Account” page to which their membership is attached [T1], and can update their changing information through this page. A copy of the Pre-Information Form and the Agreement is available in the Buyer’s membership account and can also be sent separately by email upon request.

2. DEFINITIONS

In the implementation and interpretation of the Pre-Information Form and the Agreement, the following terms shall mean the explanations written opposite them:

Buyer                     :     A real person who acquires, uses, or benefits from a Product or Service for non-commercial or non-professional purposes,
Ministry                              :     The Republic of Turkey Ministry of Trade,
Bank                                    :     Licensed institutions established in accordance with the Banking Law numbered 5411,
Service                                 :     The subject of any consumer transaction other than providing Products for a fee or benefit,
Law                                  :     Law No. 6502 on the Protection of Consumers,
Platform                           :     The website and mobile application owned by the Seller at https://www.ait.com.tr/,
Seller                     :     A.I.T. Bilgisayar Sistemleri ve Makine San.ve Tic.Ltd.Şti., including public legal entities, offering Products/Services for commercial or professional purposes to consumers or acting on behalf of or on the account of those offering Products/Services,

Agreement                             :     The agreement concluded between the Seller and the Buyer,
Product                                   :     Any kind of intangible asset prepared for use in electronic media, including software, sound, images, and similar items, which are the subject of a purchase,

Regulation                          :     Regulation on Distance Contracts.

3. BUYER AND SELLER INFORMATION

3.1. BUYER INFORMATION

Recipient’s Name:
Delivery Address:
Telephone:
Fax:
Email/Username:  

3.2. SELLER INFORMATION

Seller Title: A.I.T. Bilgisayar Sistemleri ve Makine San.ve Tic.Ltd.Şti.

Seller Address: Alaaddinbey Mah. 639. Sok. No:2/A Niltim Nilüfer/BURSA

Seller MERSIS No: 0313055766900016

Seller Tax ID No: 0010297800

Seller Phone: 902242114360

The following terms and conditions constitute an agreement (“Agreement”) between you and A.I.T. Please read the Agreement carefully.

4-  SUBJECT AND CONTENT DESCRIPTION OF THE AGREEMENT

With this agreement, the use of A.I.T. services (“Services”), including the generation of a new pattern using artificial intelligence based on a text or design created by you or uploaded to the system (where applicable), and the processing of the pattern or formatting on a product with enhanced visibility by making it soluble, constitutes the subject matter of the sale. The relevant upload and the resulting product will be defined as content. Our services are available for use in the country or region where you reside. To use our services, compatible hardware, software, and internet access (which may be subject to charges) are required. The performance of our services may be affected by these factors.

5-  PAYMENTS, TAXES, AND REFUNDS

You can acquire the content in our services by purchasing a monthly or annual subscription package or a one-time usage right, including applicable taxes, through the ai.ait.com.tr/pricing/ page. Such acquisition is referred to as a “Transaction”. Each Transaction constitutes an electronic agreement between you and the entity providing the content, A.I.T. However, A.I.T. may become eligible for rights in relation to the recorded portions of the content you acquired through uploading starting six months after the date of recording, and A.I.T. is the registered supplier of the content you acquired. Your membership will be determined with the username and password you create, and after the content (pattern-photograph) produced in accordance with the product package you purchased is saved by you, it will be stored by A.I.T. for your viewing only for a period of six months. Transaction fees will be deducted for every transaction you make after your subscription package is purchased.

For paid Transactions, A.I.T. charges fees, including applicable taxes, using the method you select. A.I.T. may store payment methods directly for Transactions or through intermediary institutions (banks). In both cases, you agree that A.I.T. may collect payment from your bank card or credit card used for these payment methods.

Credit card information for subscription packages will be displayed in the package content. Transaction fees will be deducted from the credit loaded to your username for each transaction, and the billing of transactions may be changed by A.I.T. resolutely. In monthly subscriptions, after 30 days, whether the credit in the package is used or not, the credit will be reset, and the package fee will be debited from your registered card at the bank every month. In annual subscriptions, after 365 days from the date of subscription, whether the credits are used or not, your credits will be reset, and the package fee will be debited from your registered card at the bank every year. The one-time option is for single use only, and after 365 days from the date of purchase of the package, whether the credits are used or not, your credits will be reset. In any case, there is no right to request a refund for unused credits.

In accordance with local laws, if such information is provided by payment networks or financial institutions, A.I.T. may automatically update your payment information related to your payment method. The provisions regarding store credits and gift cards/codes will be available on the website. For more information on how Transactions are billed, please visit https://ai.ait.com.tr/pricing. All Transactions are final. Content fees may be changed at any time. If the provision of Content is prevented or unreasonably delayed due to technical issues, your exclusive and sole remedy is the re-provision of Content (if possible) or refund of the paid fee. A.I.T. may refuse a refund request if it finds evidence of fraudulent, abusive, or illegal behavior (such as uploading obscene content) that grants A.I.T. the right to claim against you.

6- ACCOUNT

To use our services and access your content, you need an A.I.T. username and password. This username and password are for the account you use in the A.I.T. ecosystem. Your account is valuable, and it is your responsibility to ensure both the privacy and security of your account. A.I.T. will not be responsible for any losses resulting from unauthorized use of your account. If you suspect a breach of your account’s privacy, please contact A.I.T.

You must be at least eighteen (18) years old (or the minimum age specified during A.I.T. ID creation process, which is equivalent to this age in the country where you reside) to create an account and use our services.

7. PRIVACY

Your use of our services is subject to A.I.T.’s Privacy Policy, which you can find at https://www.ait.com.tr/.

8. RULES FOR USING SERVICES AND CONTENT

When using the Services and Content, you must comply with the rules set forth in this section (“Usage Rules”). Other uses of the Services and Content constitute a violation of the essence of this Agreement. A.I.T. may monitor how you use the Services and Content to ensure compliance with these Usage Rules.

All Services:

• • You may use the Services and Content only for legal purposes and only on your behalf, except as otherwise specified by A.I.T.

• • A.I.T.’s provision of Services or Content does not transfer any rights to use them for commercial or promotional purposes, nor does it imply granting or waiving copyright holder rights. You are responsible if a third party’s copyright is violated regarding the pattern or image you upload. In this regard, you have the right of recourse if there is legal or criminal liability to A.I.T.

• • You cannot alter or circumvent content generation counts, download counts, or any other counts by using bots, scripts, or automatic processes of any kind, or by offering or accepting any form of payment or incentive.

• • You cannot excerpt, copy, measure, analyze, or track any portion of the Content or Services using any software, device, automated process, or similar or equivalent manual process.

• • It is your responsibility not to lose, destroy, or damage the Content after downloading. A.I.T. is not responsible for the content not being stored in the allocated storage space if you do not save the content.

• • You cannot unlawfully alter or disable security technologies included in the Services or Content.

• • You can only access our Services using A.I.T. software, and you cannot modify the software.

• • The Purchased Content will remain ready in your allocated storage space (added to the Software Library) for access through your A.I.T. account for 6 months after being produced, and if not saved by you, it will remain ready in your allocated storage space for 1 month.

9. TERMINATION AND SUSPENSION OF SERVICES

If you fail to comply with the provisions of this Agreement, A.I.T. may: (i) terminate this Agreement and/or your account (subscription) corresponding to your username and password, and your obligation to A.I.T. continues for all outstanding amounts within the scope of your account until the termination date. In case of the occurrence of the above situations, A.I.T. may prevent your access to the software.

In addition, A.I.T. reserves the right to change, temporarily suspend, or terminate the Services (or any part thereof or the Content) for technical or operational reasons and at any time, and A.I.T. shall not be liable to you or third parties when exercising such rights.

10. STORAGE AREA AND SAVINGS

The amount of content you can download is determined by A.I.T. Accordingly, after your account is created, you are allocated storage space according to the amount determined by A.I.T. The allocated storage space may fill up depending on the size of the content you produce, and in the event of the allocated storage space being filled, A.I.T. shall not be responsible for the non-saving of the produced content. A.I.T. is fully authorized to change the limits of the relevant storage space, and the customer acknowledges and undertakes that they have no objection to this.

You may be able to re-download previously acquired Content to devices (“Related Devices”) that you have logged into with the same A.I.T. account. Re-downloading may not be possible for Content no longer available in our Services.[T3] 

Additionally, Content may be removed from our Services at any time (for example, due to the provider removing the Content); thereafter, the Content may not be saved, re-saved, or accessed through A.I.T. in any other way. In this case, it should be acknowledged that A.I.T. will not provide refunds for unsaved content, and it shall not be liable for the inability to save the content.

11. SUBSCRIPTIONS

Certain Services and specific Applications offer subscription-based access to Content or Services, allowing you to purchase access through a subscription. Paid subscriptions are continuous and are billed regularly until canceled. You can cancel Paid Subscriptions from the Subscriptions Management [T4] section in your account settings to take effect at the end of the current billing period. You will be charged up to twenty-four (24) hours before the start of the current billing period. If you are unable to use your payment method for any reason (such as expiration or insufficient funds) and fail to cancel your Paid Subscription, you are responsible for any uncollected amounts, and we will attempt to collect the fee from this payment method when you update your payment method information. This may change the start date of your next Paid Subscription period. Additionally, billing dates for each period may change as shown on your invoice. We reserve the right to cancel your Paid Subscription if we are unable to successfully verify your payment method to continue your subscription. In case of A.I.T.’s liability against the bank providing support as an intermediary for non-payment, all damages may be recovered from the customer.

When your Paid Subscription for a Service or Content ends, you lose access to all features and Content of the Service that require a Paid Subscription.

12.  CUSTOMER SUPPORT

If you have any questions about our services, including billing, subscriptions, or your A.I.T. ID, please visit https://www.ait.com.tr after selecting the most relevant topic, where you can contact us via phone, email, or chat.

13. SUBMISSIONS MADE ON OUR SERVICES

Our services may allow you to submit or publish materials such as images, designs, texts (including linked metadata and images), and more. You must comply with the Submission Guidelines outlined below, which may be updated from time to time, and we reserve the right to remove materials that violate our Submission Guidelines. If you encounter materials that do not comply with the Submission Guidelines, including offensive, harassing, or illegal content, please inform us via https://www.ait.com.tr or contact the A.I.T. Support team. Except where prohibited by law, by submitting materials to A.I.T., you grant us a worldwide, royalty-free, non-exclusive right to use the materials you submit for our services and related marketing purposes, as well as for internal purposes of A.I.T., six months after the creation of the content. A.I.T. may monitor submitted materials and may decide to remove or edit them using methods such as automatic content filters and/or review by a real person.

Submission Guidelines: You may not use the services for the following purposes:

• • (i) posting materials for which you do not have the right, authority, or license to use, or (ii) that infringe on the rights of a third party;

• • posting inappropriate, offensive, illegal, misleading, untrue, or harmful content;

• • posting personal, private, or confidential information of others;

• • soliciting personal information from a minor;

• • impersonating or falsely representing any person or organization, or making false statements about your affiliation with them;

• • posting or transmitting unwanted text, designs, including but not limited to unwanted advertising, promotional materials, or informational announcements;

• • publishing or transmitting dishonest, profane, harmful, misleading, or malicious ratings or reviews, or unrelated ratings or reviews;

• • planning or engaging in illegal, fraudulent, or deceptive activities.

14. CHANGES TO THE AGREEMENT

A.I.T. reserves the right to amend this Agreement, including adding new or additional terms and conditions, as necessary in situations such as A.I.T. adding a new service or changes in applicable law. Such changes and additional terms and conditions shall take effect immediately and be incorporated into this Agreement. By continuing to use the Services, you are deemed to have accepted the foregoing.

15. THIRD-PARTY MATERIALS

A.I.T. is not responsible for third-party materials, which are materials linked to or included in the Content or Services.

16. INTELLECTUAL PROPERTY

You should be aware that Content, graphics, user interface, designs, photos, commands and software used to implement the Services, including but not limited to these, do not grant you any intellectual property rights or licenses, including copyright, regarding the Services. A.I.T. shall not be liable for any disputes arising from the uploading of content that includes a design containing intellectual property rights on behalf of another party by you. You acknowledge that third parties’ rights, including but not limited to intellectual property rights, are protected by applicable intellectual property laws and other laws. You agree not to use such confidential information or materials for any purpose other than personal and non-commercial use in accordance with this Agreement. No part of the Content or Services may be transferred or reproduced in any way except as expressly permitted by this Agreement.

No right or license is granted to you concerning trademarks related to the name of A.I.T. or the A.I.T. logo in connection with the generated content.

17.COPYRIGHT

Unless otherwise specified, the Services and Content provided by A.I.T. and its affiliates are protected by copyright.

If you believe that any Content provided through the Services infringes a copyright that you own, please contact A.I.T. at: A.I.T. has adopted a policy to disable and/or terminate the accounts of users who repeatedly infringe or are alleged to infringe the copyrights of others under appropriate circumstances.

As part of such policy implementation, A.I.T. may suspend, disable, or terminate user accounts that are found to engage in ongoing infringement activities or for other relevant reasons, solely at its discretion.

18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

A.I.T. does not guarantee, represent, or warrant that your use of the services will be uninterrupted or error-free, and you agree that A.I.T. may, from time to time and without notice to you, temporarily remove the services, cancel the services at any time, or limit or disable your access to the services in other ways.

You expressly acknowledge that the risks associated with your use or inability to use the services, or activities related to the services, are solely your responsibility. The services and all content provided to you through the services are provided “as is” and “as available” for your use, without any express or implied warranties, including but not limited to commercial viability, fitness for a particular purpose, ownership, and non-infringement, unless otherwise expressly stated by A.I.T.

Unless required by applicable law, you agree that A.I.T. has no obligation to continue providing content to you through our services, and A.I.T. will not be liable to you if the content, including purchased content, becomes unavailable for download, re-download, or publication.

A.I.T., its directors, officers, employees, affiliates, agents, contractors, or licensors shall not be liable for any claims relating to or arising from your use of the services and/or content, including but not limited to errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of or reliance on any content transmitted or otherwise made available through the services, whether such liability arises in contract, tort (including negligence), or otherwise, even if they have been advised of the possibility of such damages.

A.I.T. makes reasonable efforts to protect the information you submit in connection with the services. However, you acknowledge that the risk associated with submitting such information is solely yours, and you release A.I.T. from all liability or responsibility for any loss or damages related to such information.

A.I.T. does not declare or guarantee protection against losses, damages, attacks, viruses, interference, hacking, or unauthorized access related to security and disclaims any responsibility or liability for such matters. You acknowledge that you are responsible for backing up your system, including content purchased or acquired through the services.

A.I.T. will not be responsible for any data charges incurred by you as a result of using the services.

19. WAIVER AND INDEMNIFICATION

By using the Services, to the extent permitted by law, you agree to waive A.I.T., its directors, officers, employees, affiliates, agents, contractors, subcontractors, and licensors from any claims arising from your breach of this Agreement, your use of the Services, or any suspected investigation initiated by A.I.T. regarding the violation of this Agreement. You agree not to sue or seek compensation from A.I.T., its directors, officers, employees, affiliates, agents, contractors, subcontractors, and licensors for claims arising from or as a result of A.I.T.’s actions to deny access to information or content, remove content, temporarily suspend or terminate your access to the Services, or any other actions taken during the investigation of suspected violations or as a result of A.I.T.’s determination that this Agreement has been violated. This waiver and indemnification provision applies to all violations defined or intended by this Agreement.

20. CURRENT LAW

To the extent required by applicable law, this Agreement and all transactions between you and A.I.T. relating to the Services, except for conflict of law provisions, shall be governed by the laws of the Republic of Turkey. You and A.I.T. agree to submit to the personal and exclusive jurisdiction of the Courts and Execution Offices of Bursa to resolve any disputes or claims arising out of or related to this Agreement. In case of proof of the Customer’s residency in another region, country, or state, the International Mediation Center shall have priority jurisdiction in resolving any disputes that may arise.

21. OTHER PROVISIONS

This Agreement constitutes the entire agreement between you and A.I.T. and governs your use of the Services, superseding any prior agreements between you and A.I.T. regarding the subject matter of this Agreement. Additionally, you may be subject to additional terms and conditions that may apply when you engage in transactions or use affiliated services. If any portion of this Agreement is deemed invalid or unenforceable, the remaining portions shall continue to be in effect to the fullest extent permitted by applicable law and interpreted to reflect the original intentions of the parties as closely as possible. A.I.T.’s failure to enforce any provision of this Agreement does not constitute a waiver of such provision or any other provision. A.I.T. shall not be liable for any failure to perform its obligations due to reasons beyond its control.

You agree to comply with all applicable laws, decrees, and regulations governing your use of the Services. Your use of the Services may also be subject to other laws. The risk of loss arising from electronically provided transactions passes to the recipient when provided electronically.

A.I.T. may notify you about the Services by sending an email to your email address or by sending a letter to your postal address, or by posting an announcement on the Services. Notifications take effect immediately. A.I.T. may also contact you via email or instant messaging for additional information regarding the Services.

You hereby authorize A.I.T. to take reasonable or appropriate measures it believes necessary or appropriate to enforce compliance with any portion of this Agreement and/or to verify compliance, without incurring any obligation to you, including but not limited to collaborating with law enforcement authorities, government officials, and/or third parties in legal proceedings related to any claim of illegal use of the Services and/or Content (including your use of the Services and/or Content and/or third-party use that infringes upon their rights), to disclose data and/or information to such authorities, officials, and/or third parties.

22. NOTIFICATIONS and EVIDENCE AGREEMENT

22.1. Except for mandatory cases stipulated by the legislation, all correspondence between the Parties under the Agreement shall be conducted via electronic mail.

22.2. The Customer acknowledges, represents, and undertakes that in case of disputes arising from the Agreement, A.I.T.’s commercial books, computers, records, and other documents shall constitute binding, conclusive, and exclusive evidence. The Customer acknowledges that this provision constitutes an evidence agreement within the meaning of Article 193 of the Turkish Code of Civil Procedure.

23. ENTRY INTO FORCE

The Agreement consisting of 23 (twenty-three) articles has been executed and entered into force on the transaction date, by being read and confirmed electronically by the Buyer. A copy of the Agreement is available in the Buyer’s membership account and can also be sent via email upon request.

---

[T1] The customer must be able to create an account page where they can purchase a subscription in monthly or yearly packages from the referral page, and this page must definitely display the remaining credit amount on the screen.

[T2] The privacy policy should also be added to the website.

[T3] Will re-saving a previously saved content to another device cause a warning from us and lead to a deduction in credits?

[T4] The relevant section must definitely be added for tracking the customer’s credit limit and allowing them to change subscription details. Mandatory according to regulations.

[T5] These are the submission guidelines specified in the regulations.