Distance Sales Agreement

ARTICLE 1 - PARTIES

This Distance Service and Digital Subscription Agreement (the “Agreement”) has been concluded electronically between EOMA (the “Service Provider”) on the one hand and the user who purchases services through the platform (the “User”) on the other hand. By approving this Agreement electronically, the User declares that they have read, understood, and accepted all of its provisions.

EOMA ({{EOMA_LEGAL_ENTITY}}, Tax ID (VKN): {{EOMA_VKN}}) (legal entity name and Tax ID to be filled in after registration), with its address at “Ortabayır Mah. Talatpaşa Cad. No:21 İç Kapı No:501 Kağıthane / İstanbul,” has the support contact address support@eoma.ai.

The User’s name and surname/title, address, telephone, and e-mail information consist of the information declared by the User during the payment and membership process.

ARTICLE 2 - DEFINITIONS

In the application and interpretation of the Agreement, the terms written below shall have the meanings set out next to them.

• User: The natural person who acquires, uses, or benefits from a Good or Service for non-commercial or non-professional purposes,
• Service Provider: The natural and/or legal person, including public legal entities, who provides Services to the consumer for commercial or professional purposes or who acts on behalf of or for the account of the one providing the Service, and whose details are set out in Article 5 of the Agreement,
• Consumer: The natural or legal person acting for non-commercial or non-professional purposes,
• Agreement: The Agreement concluded between the Service Provider and the User,
• Product: Digital subscriptions, AI visibility analyses, GEO/AEO optimization services, content production, schema work, reporting systems, integration services, platform access, and any similar digital service and intangible product offered in the electronic environment,
• Regulation: The Regulation on Distance Sales.
• Ministry: The Ministry of Trade of the Republic of Türkiye,
• Bank: Licensed institutions established under Banking Law No. 5411,
• Service: The subject of any consumer transaction, other than the supply of a Product, that is performed or undertaken to be performed in return for a fee or benefit,
• Law: The Consumer Protection Law No. 6502,

shall have the meanings set out above.

ARTICLE 3 - SUBJECT OF THE AGREEMENT

• The subject of this Agreement is, where the User has the status of a Consumer, in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014, and otherwise in accordance with the provisions of the Turkish Code of Obligations (TBK) and/or the Turkish Commercial Code (TTK); and, with respect to the right of withdrawal, in accordance with the law of the User’s habitual residence, the sale of the service whose characteristics and sale prices are specified in this Agreement and on the site, the payment of the sale price, its delivery, and the determination of the other rights and obligations of the Parties through the Service Provider’s website at https://eoma.ai in the electronic environment, together with setting out the means of resolving disputes arising from this Agreement.

It is the determination of the rights and obligations of the parties relating to the use of the digital subscription, AI visibility analysis, GEO/AEO optimization, content production, schema work, social media optimization, platform integrations, and other digital services purchased by the User through the EOMA platform.

• EOMA provides digital optimization services aimed at analyzing and increasing brand visibility on artificial intelligence platforms such as ChatGPT, Gemini, Claude, Perplexity, Google AI Overview, and similar.

ARTICLE 4 - FORMATION OF THE AGREEMENT

• The User acknowledges that they have read and understood the agreement and are aware of their rights and obligations.
• The Parties acknowledge that there is no disproportion between the obligations agreed under the agreement and that the mutual obligations are appropriate to the nature of the transaction.
• The User acknowledges that they have reached a full conviction that the transactions within the scope of the agreement are in their own interest, and that they will comply with all terms of their own free will, without any difficulty or distress, deliberately, knowingly, and willingly.
• The Parties acknowledge that the provisions of the agreement do not bear any feature that could be deemed an unfair term and that there is no unfairness in terms of the balance of interests.
• The provisions of this Agreement do not contain any unfair terms pursuant to the Regulation on Unfair Terms in Consumer Contracts. The provisions do not constitute a violation of the rules of honesty and good faith and have been prepared in accordance with the legislation on Consumer Protection.
• The provisions of this Agreement have also been prepared taking into account the provisions of the Turkish Code of Obligations. The review of bindingness and content stipulated in Article 21 of the Turkish Code of Obligations has been carried out by the User.
• None of the provisions of this Agreement bears a nature foreign to the character of this Agreement and the particularity of the transaction (surprising terms).
• The provisions of this Agreement are written clearly and comprehensibly and do not express more than one meaning.

ARTICLE 5 - SERVICE AND SUBSCRIPTION INFORMATION

• The type, scope, duration, fee information, and payment information of the digital service, subscription package, or platform-use service purchased electronically through the “https://eoma.ai/” website, together with the invoice information declared by the User, are as set out below.

Service Provider information: EOMA — {{EOMA_LEGAL_ENTITY}} (Tax ID (VKN): {{EOMA_VKN}}) (to be filled in after registration), Ortabayır Mah. Talatpaşa Cad. No:21 İç Kapı No:501 Kağıthane / İstanbul, support: support@eoma.ai.

5.1.1. Service and Price Information

(These fields are filled in for the specific User at the time of purchase.)

5.1.2. Payment (Collection) Information

(These fields are filled in for the specific User at the time of purchase.)

Payment Method (Intermediary):

1. Credit Card
2. Bank Transfer / EFT

5.1.3. Invoice Information

(These fields are filled in for the specific User at the time of purchase.)

ARTICLE 6 - ACCESS TO THE SERVICE AND INVOICING

• The digital services and subscription packages purchased electronically by the User are made accessible through the user account after the payment has been successfully completed.
• While EOMA exercises due care to provide the services without interruption, it cannot be held liable for temporary access problems that may arise due to internet infrastructure, third-party services, API providers, artificial intelligence platforms, or technical maintenance work.
• The User acknowledges that the e-mail address and other information declared during registration on the platform are accurate and up to date. The User is responsible for problems arising from the provision of incorrect or incomplete information.
• Access to the services begins with the electronic approval of this Agreement and the payment of the relevant subscription fee. In the event that the payment fails or the payment transaction is cancelled, EOMA has the right to suspend or terminate access to the service.
• The User’s invoices are issued digitally within the scope of e-archive/e-invoice and sent to the e-mail address declared by the User.
• The User acknowledges that they are responsible for the security of their platform access information, and that EOMA shall not be liable for any damages that may arise due to the sharing of account information with third parties.
• The services provided by EOMA are of the nature of a digital service, and there is no physical delivery, shipping, or logistics process.

ARTICLE 7 - PAYMENT AND CAMPAIGNS

• The fees for the digital services and subscription packages purchased by the User are collected through the payment methods specified on the platform. Payment transactions are carried out via the infrastructure of the payment service provider iyzico.
• Any campaign, discount, promotion, or free-trial offer announced on the platform is valid only within the period and conditions specified.
• Installment plans, points, cashback, or similar campaigns offered by banks or payment institutions are outside EOMA’s control, and the relevant bank or payment institution is responsible for these offers.
• In the event that it is determined that the User’s payment instrument has been used unlawfully, or that the payment transaction is cancelled, EOMA has the right to suspend or terminate the relevant service.

ARTICLE 8 - GENERAL PROVISIONS

• The User acknowledges that they have read, understood, and electronically approved this Agreement, the Preliminary Information Form, the Privacy Policy, the KVKK (Personal Data Protection) Notice, and the other notices on the platform.
• The User acknowledges that the necessary preliminary information regarding the essential characteristics of the digital services purchased, the subscription fees, the payment methods, the conditions of the right of withdrawal, and the use of the platform has been provided to them.
• The User acknowledges that the information and content they provide to the platform are accurate, up to date, and lawful, that they will use the platform in accordance with the legislation, and that they have the necessary legal capacity.
• In the event of payment failure, system error, manifest pricing error, abuse, suspected security breach, or detection of use contrary to the legislation, EOMA reserves the right to suspend, restrict, or terminate the relevant service, subscription, or user access.
• EOMA has the right to make changes to the platform, the scope of the service, the subscription structure, and the integrations, and to temporarily suspend or terminate the service, for technical, operational, security, or legal reasons.

ARTICLE 9 - FORCE MAJEURE

• Situations that develop beyond the control of the Parties and that are unforeseeable and unpreventable — such as natural disasters, war, acts of terrorism, epidemics, internet outages, cyber attacks, infrastructure problems, power outages, API access problems, third-party service interruptions, decisions of official authorities, and similar — are considered force majeure.
• EOMA cannot be held liable in the event that it temporarily suspends, restricts, or provides its services with delay due to force majeure.
• In the event that the force majeure lasts longer than thirty (30) days, either Party may unilaterally terminate the agreement.

ARTICLE 10 - THE USER’S RIGHT OF WITHDRAWAL

• EOMA may offer its users free demo and/or trial access prior to a paid subscription so that they can evaluate the platform.
• The User acknowledges that, during the demo or trial period, they have the opportunity to examine the platform, evaluate the services, and decide whether or not to continue with the subscription.
• In the event that the User does not wish to continue with the paid subscription, they must cancel their subscription before the demo or trial period ends.
• The User acknowledges that, upon the expiry of the demo or trial period, the paid subscription will begin, that it shall be deemed to have begun once access to the performance of the digital service is provided, and that they will not be able to exercise the right of withdrawal after this stage.

ARTICLE 11 - APPLICABLE LAW AND RESOLUTION OF DISPUTES

11.1. In disputes arising from this Distance Sales Agreement;

• If the User is a Consumer; up to the value announced by the Ministry of Customs and Trade, the Consumer Arbitration Committees and Consumer Courts located in the place where the User purchased the Good or Service and where their residence is located shall have jurisdiction. In line with the lower and upper limits specified in Article 68, paragraph 1, of the Consumer Protection Law No. 6502, the district/provincial consumer arbitration committees have jurisdiction over consumer claims.
• For disputes above these values, no application can be made to the consumer arbitration committees, and the Consumer Courts shall have jurisdiction.
• If the User is a Merchant and/or a public legal entity; the Istanbul (Çağlayan) Courts and Enforcement Offices shall have jurisdiction.

ARTICLE 12 - DEFAULT AND ITS LEGAL CONSEQUENCES

• In the event that the User defaults on the transactions they have made by credit card, they will pay interest within the framework of the credit card agreement made with them by the cardholder’s bank and will be liable to the bank.
• In the event that the User has chosen other payment methods and defaults on payment; the Service Provider may rescind the agreement or demand payment of the amount together with interest. The User shall be liable for the loss and damage incurred by the Service Provider due to the delayed performance of the User’s debt.

ARTICLE 13 - NOTIFICATIONS AND EVIDENTIARY AGREEMENT

Under this Agreement, all correspondence between the Parties shall be conducted by e-mail, except in the mandatory cases listed in the legislation. The User accepts, declares, and undertakes that, without prejudice to their right to additionally submit evidence in disputes that may arise from this Agreement, the Service Provider’s official books and commercial records, and the electronic information and computer records kept in its own database and on its servers, shall constitute binding and conclusive evidence, and that this article is in the nature of an evidentiary agreement within the meaning of Article 193 of the Code of Civil Procedure.

ARTICLE 14 - ENTRY INTO FORCE

This Agreement, consisting of 14 (fourteen) articles, has been read by the Parties and concluded and entered into force by being approved electronically by the User.

USER          SERVICE PROVIDER