Distance Sales Agreement

ARTICLE 1 – PARTIES

1.1. SELLER / SERVICE PROVIDER

Company Title [Vibseen Medikal Teknoloji Ticaret A.Ş.]

Brand Vibseen Insight

Address Hamidiye Mah. Anadolu Cad. No:40 Kağıthane İstanbul

MERSIS No 0925126777400001

Phone +90 507 22104080

E-mail hello@vibseen.com

Website https://insight.vibseen.com/

(Hereinafter referred to as the "SELLER" or "SERVICE PROVIDER".)

1.2. BUYER / CONSUMER

ARTICLE 2 – SUBJECT OF THE AGREEMENT

The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and performance of the digital subscription service ordered electronically by the BUYER via the SELLER's website https://insight.vibseen.com/, the specifications and sales price of which are specified below.

ARTICLE 3 – SPECIFICATIONS OF THE CONTRACTED SERVICE

Nature of the service: Vibseen Insight is a cloud-based (SaaS) analysis and reporting service that monitors, measures, and reports the visibility of brands on AI-based search and response engines (e.g., ChatGPT, Gemini, Google AI Overviews, etc.), while offering competitor analysis, citation/source tracking, and content recommendations.

Important notice: Vibseen Insight provides analytical insights; it does not guarantee a specific result. Visibility, citation, and mention outputs depend on the BUYER's existing online presence, the accessibility of third-party data sources, and external platform/AI systems outside the SELLER's control. Failure to obtain a specific result does not mean that the service is defective or faulty.

ARTICLE 4 – GENERAL PROVISIONS

4.1. The BUYER acknowledges, declares, and undertakes that they have read and electronically confirmed the Preliminary Information Form regarding the basic characteristics, sales price, payment method, delivery terms, right of withdrawal, and automatic renewal of the service specified in ARTICLE 3.

4.2. The BUYER is solely responsible for ensuring that the e-mail address used to open the account, payment details, and other information required for the execution of the contract are accurate and complete. The SELLER cannot be held responsible for any inability to access the service due to incorrect or missing information.

4.3. The BUYER is responsible for maintaining the confidentiality of the username and password assigned to their account, as well as for all activities performed under their account.

4.4. The BUYER agrees not to use the service in violation of law, morality, public order, or this agreement; not to abuse the system, reverse engineer it, or infringe upon the rights of third parties.

4.5. The BUYER declares that they are over 18 years of age and possess full legal capacity to enter into agreements.

ARTICLE 5 – INVOICE AND PAYMENT

5.1. The service fee is collected from the payment method provided by the BUYER through the selected payment gateway. The SELLER does not view or store credit card details; payments are processed securely via a PCI-DSS compliant payment institution.

5.2. The invoice/e-archive invoice for the service is sent electronically to the e-mail address provided by the BUYER. The BUYER consents to the issuance of e-invoices/e-archive invoices.

5.3. The total payment amount is displayed on the checkout screen, inclusive of VAT.

ARTICLE 6 – PERFORMANCE OF SERVICE (DELIVERY)

6.1. The service is fully digital and does not involve physical delivery. Immediately after successful payment completion, the BUYER's account is activated, and service delivery commences instantly.

6.2. Access to the service requires the BUYER to have active internet access and a compatible device/browser. Internet outages, technical issues originating from the BUYER, or third-party platform restrictions are not the responsibility of the SELLER.

6.3. The SELLER may temporarily suspend the service for scheduled maintenance, updates, or in the event of force majeure, and will make reasonable efforts to provide advance notice.

ARTICLE 7 – RIGHT OF WITHDRAWAL AND EXCEPTIONS

7.1. As a general rule in distance contracts, consumers have the right to withdraw from the contract within 14 (fourteen) days without giving any reason and without paying any penalty.

7.2. Exception to the right of withdrawal: In accordance with Article 15/1-(ğ) of the Regulation on Distance Contracts, consumers do not have a right of withdrawal for contracts concerning services performed instantly in an electronic environment.

Vibseen Insight is a digital service made accessible immediately upon payment. By approving this agreement and the Preliminary Information Form at the payment step, the BUYER explicitly acknowledges, declares, and agrees that:

•    the service is performed instantly in an electronic environment,

•    they will lose their right of withdrawal once they log into or start using the service.

7.3. Nevertheless, if the service has not been accessed at all (no login and no usage has occurred), the BUYER may exercise their right of withdrawal within 14 days by submitting a request to hello@vibseen.com; in this case, the fee paid will be refunded within 14 days. (For details, see: Cancellation and Refund Policy.)

7.4. In cases where the right of withdrawal is applicable, the BUYER must submit a written notification via hello@vibseen.com, the address used when the contract was established and the payment was made. The withdrawal notification becomes effective once it reaches the SELLER.

ARTICLE 8 – SUBSCRIPTION, AUTOMATIC RENEWAL, AND CANCELLATION

8.1. The service is subscription-based. Unless cancelled by the BUYER, the subscription automatically renews every 30 (thirty) days (or annually for yearly plans), and the renewal fee for the relevant period is automatically charged to the BUYER's payment method.

8.2. By entering their payment details and starting the subscription, the BUYER explicitly consents to recurring charges, the renewal cycle, and continued billing until the subscription is cancelled.

8.3. The BUYER is solely responsible for:

•    tracking their subscription status,

•    cancelling the subscription before the next billing cycle begins,

•    keeping their payment method valid and up to date.

8.4. Cancellation: The BUYER can cancel their subscription at any time via [account settings > subscription dashboard] or by notifying hello@vibseen.com. The cancellation process is designed to be as simple as initiating the subscription.

8.5. Cancellations take effect at the end of the current billing cycle; the BUYER will continue to have access to the service until the end of the paid period, and no further charges will be made. Failure to cancel prior to the renewal date does not entitle the BUYER to a refund; any processed renewal fee is deemed valid and non-refundable unless otherwise required by law.

ARTICLE 9 – REFUND CONDITIONS

Refund conditions are regulated in detail in the "Cancellation and Refund Policy" document, which is an integral part of this agreement. In summary, due to the nature of instant digital services, automatic refunds are not provided after use. However, refunds may be evaluated in exceptional cases, such as verified technical faults preventing access to the platform or billing errors caused by the SELLER's systems, subject to legal rights.

ARTICLE 10 – RESPONSIBILITIES OF THE PARTIES AND EXTERNAL DEPENDENCIES

10.1. The service may rely on external sources such as the BUYER's own websites, public domain names, third-party platforms, AI systems, and search engines.

10.2. The SELLER is not responsible for the following:

•    inaccessible or misconfigured websites,

•    missing or insufficient public data,

•    third-party platform limitations or changes in their policies/algorithms.

10.3. Such conditions do not grant a right to a refund. Under no circumstances shall the SELLER's total liability exceed the subscription fee paid by the BUYER for the relevant billing cycle. This limitation does not affect the SELLER's statutory liabilities that cannot be limited by law (e.g., willful misconduct/gross negligence).

ARTICLE 11 – SYSTEM ABUSE

Any abuse of the system or unfair/unauthorized chargeback requests may result in the immediate termination of the account, loss of access to all services, and restriction from future platform use. The SELLER reserves the right to initiate legal proceedings.

ARTICLE 12 – PROTECTION OF PERSONAL DATA (GDPR/KVKK)

12.1. The SELLER processes the BUYER's personal data in accordance with Law No. 6698 on the Protection of Personal Data and related legislation. Details can be found in our Privacy Policy / Clarification Text.

12.2. For the provision of the service, it may be necessary to share data with local or international infrastructure providers and payment processors. The BUYER is informed of these processing activities through the Clarification Text.

12.3. If the BUYER wishes to receive commercial electronic messages, they must provide explicit consent, which can be withdrawn at any time.

ARTICLE 13 – INTELLECTUAL PROPERTY

All intellectual and industrial property rights regarding the Vibseen Insight brand, software, user interface, reports, and all related content belong to the SELLER and/or its licensors. The BUYER is granted only a non-transferable, non-exclusive right to use the platform during the subscription period for personal or corporate purposes.

ARTICLE 14 – FORCE MAJEURE

The parties shall not be held liable if the performance of their obligations is prevented due to force majeure events beyond their control, such as natural disasters, fire, epidemics, war, cyberattacks, infrastructure/power outages, third-party service provider failures, or decisions by official authorities.

ARTICLE 15 – DISPUTE RESOLUTION

15.1. In disputes arising from this agreement, Consumer Arbitration Committees are authorized up to the monetary limits determined annually by the Ministry of Commerce at the consumer's place of residence or where the transaction was made; Consumer Courts are authorized for disputes exceeding these limits.

15.2. The BUYER may submit their complaints and objections to the aforementioned authorities, or they may first contact the SELLER directly at [E-MAIL].

ARTICLE 16 – EFFECTIVENESS

This agreement consists of 16 (sixteen) articles and has been established and entered into force upon being read and electronically approved by the BUYER. A copy of the agreement is sent to the BUYER's e-mail address and/or kept accessible within their account.

SELLER

Vibseen Medikal Teknoloji Ticaret A.Ş.