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Distance Sales Agreement

Last Updated: 13.01.2025

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This Distance Sales Agreement ("Agreement") is entered into between NOTRINO RESEARCH BİLGİ TEKNOLOJİLERİ ARAŞTIRMA GELİŞTİRME LİMİTED ŞİRKETİ ("Fashify," "Company," "we," "us," or "our") and you ("Customer," "you," or "your"). This Agreement governs your purchase and use of our services provided through the Fashify AI platform ("Platform").

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By accessing or using the Platform and purchasing a subscription, you agree to be bound by this Agreement. If you do not agree to these terms, please do not proceed with the transaction.

1.PARTIES TO THE AGREEMENT

1.1 Company Information

  • Company Name: NOTRINO RESEARCH BİLGİ TEKNOLOJİLERİ ARAŞTIRMA GELİŞTİRME LİMİTED ŞİRKETİ

  • Registered Address: Üniversiteler Mah. İhsan Doğramacı Blv. Arge ve Eğitim Merkezi No:13 Çankaya/Ankara, Turkey

  • Contact Email: support@fashify.com
     

1.2 Customer Information

The Customer is the individual or legal entity purchasing services through the Platform. By entering this Agreement, you confirm that all information provided during registration or purchase is accurate and complete.

2. SUBJECT OF THE AGREEMENT

2.1 Scope of Services

This Agreement covers the sale and provision of software-as-a-service (SaaS) subscriptions to the Fashify AI Platform. Our services enable you to create high-quality, AI-generated fashion visuals by uploading garment images and customizing model features and backgrounds.
 

2.2 Electronic Delivery

All services are delivered electronically through the Platform. No physical goods will be shipped, and access to services is provided upon successful subscription activation.

3. PRICING AND PAYMENT TERMS

3.1 Pricing

Subscription plans and pricing are detailed on the Platform. All prices are listed in USD and are exclusive of applicable taxes unless otherwise specified. We reserve the right to change pricing at any time; however, price changes will not affect subscriptions already purchased before the change.
 

3.2 Payment Methods

Payments are processed securely through Iyzico, a PayU company. Accepted payment methods may include:

  • Credit cards

  • Debit cards

  • Other methods as specified on the Platform
     

3.3 Billing and Invoicing

  • Billing Cycle: Subscriptions are billed on a monthly basis unless otherwise stated.

  • Invoice Issuance: An electronic invoice will be sent to your registered email address upon successful payment.

Payment Authorization: By providing payment information, you authorize us to charge the subscription fees to the designated payment method.
 

4. SUBSCRIPTION ACTIVATION AND ACCESS

4.1 Activation

Your subscription will be activated immediately upon successful payment confirmation. You will receive access credentials via email.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately at support@fashify.com if you suspect any unauthorized use of your account.
 

5. CUSTOMER RIGHTS AND OBLIGATIONS

5.1 Right of Withdrawal

You have the right to withdraw from your initial subscription within 7 days of purchase without providing any reason. To exercise this right:

  1. Email us at support@fashify.com with your withdrawal request.

  2. We will process your request and refund the subscription fee within 14 business days via the original payment method.
     

5.2 Usage Guidelines

You agree to:

  • Use the Platform in accordance with our Terms and Conditions.

  • Not share or resell your subscription or access credentials.

  • Ensure that all information provided is accurate and up-to-date.
     

5.3 Compliance with Laws

You agree to comply with all applicable laws and regulations when using the Platform.
 

6. COMPANY RIGHTS AND OBLIGATIONS

6.1 Service Availability

We strive to provide uninterrupted access to the Platform but do not guarantee 100% uptime. Scheduled maintenance or unforeseen issues may result in temporary service interruptions.
 

6.2 Modifications to Services

We reserve the right to modify or discontinue any part of the services at any time. If changes materially affect your subscription, we will notify you in advance.
 

6.3 Customer Support

Customer support is available via email at support@fashify.com. We aim to respond to all inquiries within 2 business days.

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7. CANCELLATION AND REFUND POLICY

7.1 Cancellation by Customer

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle. No refunds will be issued for the remaining period of a current subscription unless within the 7-day withdrawal period.
 

7.2 Refund Conditions

Refunds are available under the following conditions:

  • Withdrawal Period: Request made within 7 days of the initial subscription purchase.

  • Usage: You have not substantially used the services (e.g., generated a significant number of images).

To request a refund:

  1. Email support@fashify.com with your account details and reason for the refund.

  2. Approved refunds will be processed within 14 business days.

8. LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties

The Platform is provided "as is" and "as available." We make no warranties, express or implied, regarding the suitability, reliability, or availability of the services.
 

8.2 Limitation of Liability

To the maximum extent permitted by law:

  • Indirect Damages: We are not liable for any indirect, incidental, special, consequential, or punitive damages.

  • Total Liability: Our total liability for any claims arising under this Agreement is limited to the amount you paid for the subscription during the 12 months preceding the event giving rise to liability.
     

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Ownership

  • Your Content: You retain all rights to the content you upload and the AI-generated images created using your content.

  • Our Property: All rights to the Platform, including software and trademarks, belong to the Company.
     

9.2 License

By using the Platform, you grant us a non-exclusive, royalty-free license to process your content solely for the purpose of providing the services.

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10. DATA PROTECTION AND PRIVACY

10.1 Compliance

We collect and process your personal data in accordance with our Privacy Policy, which complies with GDPR and other applicable data protection laws.
 

10.2 Data Security

We implement industry-standard security measures to protect your data but cannot guarantee absolute security.

 

11. TERMINATION

11.1 Termination by Company

We may suspend or terminate your access to the Platform if:

  • You breach any terms of this Agreement or the Terms and Conditions.

  • We suspect fraudulent or unlawful activity.
     

11.2 Effect of Termination

Upon termination:

  • Your access to the Platform will cease immediately.

  • Any unused credits or subscription fees are non-refundable.

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12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

This Agreement is governed by the laws of Turkey, without regard to its conflict of law principles.
 

12.2 Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved exclusively by the courts located in Ankara, Turkey.

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13. AMENDMENTS

13.1 Right to Modify

We may update this Agreement from time to time. Changes will be effective when posted on the Platform.

13.2 Notification of Changes

We will notify you of significant changes via email or through the Platform. Continued use of the services after such notification constitutes acceptance of the updated Agreement.

14. MISCELLANEOUS

14.1 Entire Agreement

This Agreement, along with our Terms and Conditions and Privacy Policy, constitutes the entire agreement between you and the Company regarding the services.
 

14.2 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
 

14.3 Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent.
 

14.4 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, or government actions.


15. CONTACT INFORMATION

If you have any questions or concerns regarding this Agreement, please contact us:

  • Email: support@fashify.com

  • Address: Üniversiteler Mah. İhsan Doğramacı Blv. Arge ve Eğitim Merkezi No:13 Çankaya/Ankara, Turkey

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By purchasing a subscription and using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Distance Sales Agreement.

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