Distance Sales Agreement — Subscription and Ticketed Event Registration

• PROVIDER: Etkin.app (“Etkin.app”, “Etkin”). The Provider provides the service electronically through infrastructure under its own control. The Provider’s identity and contact details are as follows:
• Seller: Etkin.app
• Address: 2. Sakarya Mahallesi, 4158 Sokak, Karesi/Balıkesir, Türkiye
• Tax office / no.: Karesi — 4700295066
• Phone: +90 507 885 73 14
• Email: info@etkin.app
• Web: https://etkin.app
• CUSTOMER (SUBSCRIBER): the natural or legal person who opens an account on Etkin.app, selects a paid plan on behalf of an organization and approves the subscription electronically. The Customer’s name/title, email and billing details are the information declared by the Customer during registration and subscription.
• ORGANIZER (SELLER IN TICKET SALES): the organization that creates an event on Etkin.app and opens paid (ticketed) registration for that event. In ticketed events, the party that holds the capacity of seller towards the attendee is the Organizer. The Organizer’s identity and contact details are shown on the event’s public registration page.
• ATTENDEE: the natural person who registers electronically for an event on a paid basis and pays the ticket price.
• INTERMEDIARY SERVICE PROVIDER: under Article 2/1-(d) of Law No. 6563 on the Regulation of Electronic Commerce, a person who provides the electronic commerce environment for the conduct of economic and commercial activities belonging to others. Etkin holds this capacity in the ticket sales relationship (Article 10).
• SUBSCRIPTION: the right of access, for the selected period, to the software service within the scope of the plan selected by the Customer.

The subject of this agreement is the determination of the rights and obligations of the parties in the following two sales relationships:

(A) SUBSCRIPTION RELATIONSHIP — established between the Provider and the Customer. Its subject is the provision of the software service within the scope of the subscription plan selected electronically by the Customer on Etkin.app.

(B) TICKET SALES RELATIONSHIP — established between the Organizer and the Attendee. Its subject is the Attendee’s registration for a paid event and the payment of the ticket price. Etkin is not a party to this relationship but an intermediary service provider.

SCOPE OF APPLICATION: Articles 3 to 9 apply ONLY to the (A) subscription relationship. Article 10 applies ONLY to the (B) ticket sales relationship and governs that relationship in its entirety. Articles 1, 2 and 11 to 17 apply to both relationships. Where it is unclear which relationship a provision belongs to, that provision applies only with respect to the relationship understood from its wording.

The Preliminary Information Form, the Refund Policy, the Terms of Use and the KVKK Information Notice (KVKK: Turkish Personal Data Protection Law No. 6698) are integral parts of this agreement. In the event of a conflict between them, the provision more favourable to the consumer applies.

Etkin.app is a multi-tenant software as a service (SaaS) product that offers event creation, a public registration page, QR code check-in, attendee communication (SMS, email, WhatsApp, push), surveys, verifiable attendance certificates, seating/hall layout and reporting functions in a single panel.

The service is used through an internet browser; it requires no additional hardware, installation or licence fee. Each plan has different event, attendee, messaging and AI quotas; the current scope is shown on the Pricing page and on the plan screen within the account.

• The periodic price of the selected plan (monthly or annual) and the applicable taxes are shown item by item as a total amount at the payment step and in the Preliminary Information Form. The Customer sees the total amount to be paid before approving the payment.
• The Free plan has no time limit and no fee is charged; charging starts only when the Customer explicitly switches to a paid plan. There is no automatic switch to a paid plan.
• If a quota is exceeded, additional messaging credits can be purchased; credit prices are shown at the time of purchase and are one-off.
• For paid ticketed events, a platform service fee (commission), which varies by plan, and a payment institution fee may be applied to the ticket price collected from the attendee; these deductions are shown when the event is created and before payment. These deductions belong to the relationship between the Provider and the Customer (Organizer); no separate platform fee is requested from the Attendee.
• The cost of using the means of distance communication (internet connection) is not passed on to the Customer as an additional fee above the standard tariff.
• Prices are periodic; on renewal, the tariff in force applies. Price changes that will affect existing subscribers are notified by email a reasonable time before they take effect. Following the notification, the Customer may cancel free of charge at the end of the period.

Payments are taken through the infrastructure of the licensed payment institution PayTR, with 3D Secure support. Card details are not seen or stored by the Provider; they are held by the payment institution.

The subscription is activated instantly upon approval of the payment and, pursuant to Article 8, renews automatically for the same period unless the Customer cancels it.

THE RENEWAL FEE IS NOT CHARGED AUTOMATICALLY. Because the Provider does not store card details and does not obtain authorization from the Customer for recurring payments with a stored card (automatic collection), the fee for each period is collected through the Customer’s separate payment transaction for that period. The Customer is reminded by email 7 days and 1 day before the end of the period. No charge can be made without the Customer’s knowledge.

The “automatic renewal” in this article concerns the extension of the term of the agreement; it does not grant the Provider any payment authorization and does not create any commitment to automatic collection. If the Provider switches to automatic collection with a stored card in the future, this will only be possible with the Customer’s separate and explicit approval and with notice given a reasonable time before it takes effect.

If the fee is not paid even though the renewal period has started, the service remains open for 7 more days (grace period); if it is not paid within this period either, the subscription ends and the account reverts to the Free plan. Data is not deleted; export is available on every plan.

The service is performed instantly in electronic form: following approval of the subscription, the features included in the plan are made available in the Customer’s account immediately. No physical delivery is involved.

If the service cannot be enabled due to a technical obstacle, the amount collected is refunded to the Customer.

7.1. As a rule, in service contracts the consumer has a right of withdrawal within fourteen (14) days without giving any reason and without paying any penalty (Distance Contracts Regulation, Art. 9).

7.2. EXCEPTION: This service is performed instantly in electronic form. Because performance (opening of access to the service) has begun with the Customer’s explicit approval, the right of withdrawal cannot be exercised under Articles 15/ğ and 15/h of the Regulation. The Customer separately and explicitly accepts this matter when approving the subscription.

7.3. Without replacing the statutory right of withdrawal, the Provider applies in good faith the commercial refund practices set out in the Refund Policy. Evaluation before payment can be done with the unlimited-duration Free plan; no time-limited trial version is offered.

7.4. Where the right of withdrawal can be exercised, notice can be given to info@etkin.app.

7.5. The right of withdrawal and its exception in ticket sales are subject NOT to this article but to Article 10.6.

• The subscription is valid for the selected period (monthly/annual) and renews automatically for the same period unless the Customer cancels it. The renewal fee is collected through a separate payment transaction as explained in Article 5; no automatic charge is made to a stored card.
• The Customer can cancel the subscription from the Organization Settings → Plan screen in their account, without giving a reason and without paying any additional fee. CANCELLING IS AS EASY AS SUBSCRIBING: it is done on the same screen with the same number of steps; no phone call, petition, written application or meeting is required.
• Cancellation takes effect at the end of the period; access to the service continues unchanged until the end of the paid period. The date on which the subscription will end is clearly shown on the cancellation screen; an information email is sent when the period ends.
• The Customer can withdraw the cancellation from the same screen before the period ends; in that case the subscription continues to renew.
• At the end of the period the account automatically reverts to the Free plan; data is not deleted, only the quotas and features belonging to the paid plan are closed.
• If the Provider decides to discontinue the service entirely, it gives the Customer notice a reasonable time in advance and refunds the price for the unused period on a pro rata basis.

• The Customer is obliged to provide accurate and current information, to protect the security of the account and sign-in, and to use the service in compliance with the law, morality and the Terms of Use.
• The Customer is the data controller for the personal data of attendees who register for its events; it fulfils the obligations to inform and, where required, to obtain explicit consent. Etkin processes this data solely for the purpose of providing the service, as a data processor.
• The Customer is responsible for consent and legislative obligations in the commercial electronic messages it sends to attendees.
• A Customer that opens a paid (ticketed) event acquires, with respect to that event’s tickets, the capacity of ORGANIZER (seller) within the meaning of Article 10 and assumes the seller obligations listed there.
• The Provider is obliged to provide the service with care, to ensure reasonable accessibility, to announce planned maintenance in advance and to process personal data in accordance with the legislation.

10.1. PARTIES. Upon registration for a paid (ticketed) event, the distance sales contract is concluded between the ATTENDEE and the ORGANIZER running the event. In this sale, the capacity of seller and all seller obligations arising from Law No. 6502 and the Distance Contracts Regulation belong to the Organizer.

10.2. ETKIN’S CAPACITY AND LIMIT OF RESPONSIBILITY. In this relationship Etkin is an INTERMEDIARY SERVICE PROVIDER within the meaning of Article 2/1-(d) of Law No. 6563: it provides the electronic commerce environment, the registration infrastructure, the system used for the electronic delivery of the ticket and QR code, and payment collection intermediation through the payment institution. Etkin is NOT the seller, the ticket supplier, the event organizer or the organizer’s representative. Pursuant to Article 9 of the said Law, the intermediary service provider is not obliged to check the content provided by those using the electronic environment it serves, or to investigate whether there is any unlawful activity relating to the goods or services that are the subject of that content. Etkin’s responsibility is limited to the failure to properly perform the intermediation service it itself provides.

10.3. OBLIGATIONS OF THE ORGANIZER. The Organizer is responsible for holding the event at the announced place, date and with the announced content; for correctly announcing the ticket price, taxes and any additional costs; for providing the Attendee with the preliminary information required by the legislation; for issuing documents and invoices; for clearly publishing its own cancellation and refund terms on the registration page; and, as data controller for attendee personal data, for KVKK obligations. The Organizer indemnifies Etkin in respect of claims arising from breach of these obligations.

10.4. PAYMENT COLLECTION INTERMEDIATION. The ticket price is collected on behalf and for the account of the Organizer through the infrastructure of a licensed payment institution. After deduction of the platform service fee (commission) and the payment institution fee from the amount collected, the remaining amount is transferred to the account notified by the Organizer. The fact that the price is collected in this way does not mean that Etkin is the party to the sale.

10.5. DELIVERY. The registration confirmation and ticket (including the QR code) are delivered to the Attendee electronically and instantly after the payment is approved. There is no physical delivery.

10.6. RIGHT OF WITHDRAWAL AND ITS EXCEPTION. Under Article 15/(g) of the Distance Contracts Regulation, the consumer cannot exercise the right of withdrawal in contracts relating to entertainment and leisure services that must be performed on a specific date or during a specific period. Ticket sales for events with a specific date fall, as a rule, within this exception, and the Attendee separately and explicitly accepts this matter during paid registration. This exception neither prevents the Organizer from granting the Attendee broader rights in its own refund policy, nor removes the rights the consumer has if the event is not held at all or not held properly.

10.7. CANCELLATION AND REFUND.

10.7.1. REQUEST PERIOD. A refund request based on the Attendee’s own decision to withdraw can be submitted no later than THE END OF THE EVENT; after this point, refund requests based on withdrawal are not accepted. Whether a request submitted within the period will be granted is subject to the refund policy announced by the Organizer on the registration page.

10.7.2. EVENT NOT HELD. If the event is cancelled, held in a materially different way from what was announced, or not held at all, the period in 10.7.1 DOES NOT APPLY. In this case the ticket price must be refunded: the Attendee is notified in writing or by means of a durable medium within THREE DAYS of the date the situation became known, and all payments collected are refunded within FOURTEEN DAYS of the notification date at the latest (Distance Contracts Regulation, Art. 16).

10.7.3. RESPONSIBILITY. The capacity of seller and the refund obligation belong to the Organizer. However, because Etkin collects the ticket price on behalf of the Organizer, in the cases required by the Distance Contracts Regulation it is JOINTLY AND SEVERALLY liable together with the Organizer for refunding the price to the Attendee; within this scope it has recourse against the Organizer for the amounts it pays. No provision preventing the Attendee from directing these rights against Etkin applies.

10.7.4. TIME OF TRANSFER OF THE PRICE. The ticket price is not transferred to the Organizer until SEVEN DAYS have passed from the end of the event. This period exists so that refund requests can be handled while the price is still held by the payment institution.

10.8. APPLICATION CHANNEL. The Attendee first submits requests and complaints relating to the ticket sale to the Organizer; the Organizer’s contact details appear on the event page and in the registration confirmation email. Etkin forwards applications received at info@etkin.app to the relevant Organizer and mediates the resolution process. The Attendee’s application rights arising from Law No. 6502 (Consumer Arbitration Committee (Tüketici Hakem Heyeti) and Consumer Court (Tüketici Mahkemesi)) are reserved in all cases.

10.9. TIME OF CONCLUSION. With respect to ticket sales, the contract is concluded when the Attendee electronically approves this agreement and the terms announced by the Organizer in the paid registration form. The approval record is kept together with its date and the version of the approved text.

The processing of personal data is subject to the KVKK Information Notice and the Data Processing Agreement (DPA) in force between the parties. The parties keep confidential each other’s information that constitutes trade secrets.

In ticketed events, the data controller for attendee data is the Organizer; Etkin processes this data solely for the purpose of providing the service, as a data processor.

All intellectual property rights relating to the software, interface, trademark and content belong to the Provider. The subscription grants the Customer only a non-transferable and non-exclusive right of use for the term of the agreement. Content uploaded to the system by the Customer and attendee data belong to the Customer; the Customer can export them at any time.

In cases of unlawful use of the service, infringement of the rights of third parties or endangering system security, the Provider may suspend the account or terminate the agreement by giving notice. Where delay would be harmful, notice may be given afterwards.

In the event of termination, the Customer has the opportunity to export its data within a reasonable period.

In events beyond the reasonable control of the parties (natural disaster, epidemic, mobilization, infrastructure and power outages, widespread internet failures, cyber attacks, legal regulations), obligations are suspended for the duration of such events. If the force majeure lasts longer than thirty days, the parties may terminate the agreement without compensation.

If the event cannot be held due to force majeure, the cancellation and refund process to be carried out towards the Attendee is subject to Article 10.7.

Notices between the parties are made via the email address in the Customer’s or Attendee’s account/registration and via info@etkin.app. The relevant party is obliged to update changes to its email address.

In disputes, the Provider’s system records, log records and electronic correspondence constitute evidence within the meaning of Article 193 of the Code of Civil Procedure No. 6100 (HMK). This provision does not remove the consumer’s statutory evidentiary rights.

Those who qualify as consumers may, in disputes, apply to the Consumer Arbitration Committees (Tüketici Hakem Heyetleri) or Consumer Courts (Tüketici Mahkemeleri) within the monetary limits set each year by the Ministry of Trade of the Republic of Türkiye. The application may be made to the committee/court at the consumer’s place of residence.

In disputes arising from ticket sales, the counterparty is the Organizer, who holds the capacity of seller (Article 10). Claims that the Attendee directs against Etkin are limited to the obligations Etkin assumes in its capacity as intermediary service provider. The consumer’s statutory remedies are reserved in all cases.

In disputes with merchant or corporate parties, the laws of the Republic of Türkiye apply and the courts and enforcement offices of the place where the Provider’s headquarters is located have jurisdiction.

With respect to the subscription, the agreement is concluded upon the Customer’s electronic approval and remains in force as long as the subscription continues. The Customer declares that it has read and accepted the Preliminary Information Form and this agreement.

With respect to ticket sales, the agreement is concluded upon the Attendee’s approval in the paid registration form (Article 10.9) and is deemed performed upon the holding of the event.

The version of the agreement in force is the update date at the top of this page. The version in force at the time of approval is kept together with the approval record; subsequent changes do not apply retroactively to past approvals.