Distance Sales Agreement

Article 1 — Parties

SELLER

• Legal name: UPSENSE TEKNOLOJİ ANONİM ŞİRKETİ
• Address: Reşitpaşa Mah. Katar Cad. İTÜ Tasarım ve Prototip Merkezi Binası Kapı No: 2/41 Daire No: 8, Sarıyer / İstanbul, Türkiye
• Phone: +90 212 963 03 93
• Email: info@upsense.co

BUYER

The natural or legal person who confirms the order using the name, title, address, email and phone details given at the order step. The Buyer is responsible for giving those details completely and correctly.

Article 2 — Subject

This agreement sets out the parties' rights and obligations under Turkish Consumer Protection Law no. 6502 and the Distance Contracts Regulation, in respect of the software service ordered electronically by the Buyer through the Seller's Upsense website.

Article 3 — Service and price

The service is the Upsense subscription plan chosen by the Buyer, together with any extra users, extra channels, setup and onboarding service and AI credit pack.

The plan name, billing period, limits, unit prices, VAT and the tax-inclusive grand total are shown in the order summary and at the payment step. That information is an inseparable annex to this agreement and is also emailed to the Buyer after the order.

Upsense subscriptions and usage items are priced in Turkish lira (TRY) and are always collected in Turkish lira. Outside the Turkish site a US dollar list price may also be displayed for information; it is not the contract amount. The contract amount is the Turkish lira figure shown at the payment step.

Article 4 — General provisions

The Buyer confirms having read the Pre-Contractual Information Form before this agreement was concluded, and having learned the essential qualities of the service, its tax-inclusive price, the method of payment and performance, and the exception to the right of withdrawal.

The Seller undertakes to perform the service completely, in line with the qualities stated in the order and with applicable law.

Where the Buyer acts on behalf of a legal entity, the Buyer warrants having the authority to do so.

The Buyer undertakes to use the service in line with Meta's WhatsApp Business policies, data protection law and e-commerce law. Where unconsented bulk sending, unsolicited messaging or usage that risks the number's quality rating is detected, the Seller reserves the right to halt sending.

Article 5 — Performance

Once payment is approved by the bank or payment institution, the workspace provisioned for the Buyer is opened within one business day. That moment is when performance begins.

Performance may not exceed the statutory maximum of 30 days. If the Seller fails to perform within that period, the Buyer may terminate the agreement.

In the event of force majeure, channel-provider outages or delays in Meta verification, the Seller will inform the Buyer without delay.

Article 6 — Right of withdrawal

Under article 15(1)(ğ) of the Distance Contracts Regulation, there is no right of withdrawal for services performed instantaneously in an electronic environment where performance has begun with the Buyer's consent.

At the order step the Buyer separately confirms requesting immediate opening of the workspace, and understanding that the right of withdrawal ends with that request.

The voluntary refund policy the Seller applies despite this exception is set out in the Cancellation and Refund Terms and forms part of this article.

Article 7 — Renewal and cancellation

The subscription renews automatically on the same terms at the end of the chosen period. The Buyer may stop renewal from within the workspace or by writing to info@upsense.co before the period ends.

Cancellation takes effect at the end of the current period; the Buyer continues to use the service until then.

Article 8 — Payment and refund method

Payment is made through the payment institution's 3D Secure infrastructure. Card details are neither seen nor stored by the Seller.

For card payments, banking rules require refunds to be made only to the card used; cash refunds are not possible. How quickly a refund appears on the card account depends on the issuing bank.

Article 9 — Personal data

The parties' rights and obligations regarding personal data are set out in the Privacy Policy and KVKK notice published on the site.

Article 10 — Disputes

The Buyer may send requests and complaints to info@upsense.co or call +90 212 963 03 93.

Buyers acting as consumers may apply to the Consumer Arbitration Committees or Consumer Courts within the monetary thresholds announced by the Ministry of Trade. Where the Buyer is a merchant or legal entity, the Istanbul (Çağlayan) Courts and Execution Offices have jurisdiction.

Article 11 — Effect

The agreement is concluded and takes effect when the Buyer approves this agreement and the Pre-Contractual Information Form electronically at the order step and payment is completed. A copy is emailed to the Buyer and retained by the Seller.