317ads Distance Sales Agreement

This page contains the preliminary information form (A), provided before the contract is concluded, and the distance sales agreement (B) for the paid services of 317ads. The package, period, amount and date of your order are shown on the payment screen and in the order confirmation e-mail; this information forms an integral part of the agreement.

A. Preliminary Information Form

Pursuant to Law No. 6502 on the Protection of Consumers (6502 sayılı Tüketicinin Korunması Hakkında Kanun) and Article 5 of the Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği), the following information is provided before the contract is concluded.

A.1 Seller

• Trade name: Wemeep Teknoloji Limited Şirketi
• Brand: 317ads
• Address: Yiğitçavuş Mah. Silvan Blv. Dicle Teknokent No: 222, İç Kapı No: 1, Sur / Diyarbakır
• MERSIS number: 0801175518600001
• Tax office / number: Süleymannazif Vergi Dairesi / 8011755186
• Phone: 0850 305 54 80
• E-mail: hello@317ads.com
• Registered e-mail (KEP): wemeepteknoloji@hs01.kep.tr

A.2 Essential characteristics of the service

317ads is a software service that enables businesses to connect their own Meta ad accounts in order to create, publish, manage and report on Facebook and Instagram ads, and that offers artificial intelligence support for producing ad copy and visuals. The service is provided electronically; no physical goods are delivered.

• Subscription packages: offered with monthly or yearly payment. With yearly payment, the fee for twelve months is collected in advance, and its monthly equivalent is lower than the monthly payment. The scope of the package (features, monthly credits, brand and user limits) is stated on the payment screen. A business’s first subscription begins with a 14-day free trial; the trial is granted once per business.
• Additional credit packages: a one-time usage right that is spent on image and text generation in Studio. The amount of credits and the validity period are stated on the payment screen.
• Services determined by quotation: work such as setup, training or a custom scope; its scope, schedule and fee are specified in the written quotation sent to you.

A.3 Price and payment

• The amounts on the pricing page do not include KDV (value added tax). The total price including all taxes is shown on the payment screen (for services determined by quotation, in the written quotation) before you confirm the payment.
• Payment is collected through iyzico Ödeme Hizmetleri A.Ş., a licensed payment institution. A subscription can be started only with a credit card (iyzico does not accept debit cards for subscriptions); debit cards may also be used for one-time payments. If an installment option is available, it is shown on the payment screen.
• Your card details do not reach the Seller. So that the subscription can be renewed, your card is stored, with your consent, in iyzico’s card storage infrastructure.
• Ad spend paid to Meta is not included in this price; it is collected directly by Meta from your payment method.

A.4 Trial period

• Your first subscription starts as a 14-day free trial the moment your card is verified through iyzico. No fee is charged during the trial. The trial is granted once per business; for a business that ends its subscription and starts it again, the first charge is made the moment the card is verified.
• The first charge is made on the day the trial ends. A reminder is sent to you by e-mail at least 3 days before the trial ends.
• If you cancel during the trial, no fee is charged; the package stays active until the end of the trial. This right is granted independently of the right of withdrawal.

A.5 Performance (delivery) time

A subscription is added to your account the moment your card is verified, and an additional credit package the moment the payment is approved by iyzico. In the event of a technical problem, it is added within 24 hours at the latest. For services determined by quotation, the schedule stated in the quotation applies; in any case, the performance time does not exceed 30 days.

A.6 Right of withdrawal

• If you purchased as a consumer, you have the right to withdraw within 14 days without giving any reason. For service contracts, this period begins on the day the contract is concluded.
• However, under Article 15(1) of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised for (ğ) services performed instantly in electronic form and intangible goods delivered instantly to the consumer, and (h) services whose performance begins with the consumer’s consent before the withdrawal period expires. For this reason, when you confirm on the payment screen that the service is to start immediately, you do not have a right of withdrawal.
• Where the right of withdrawal applies, you can send your notice to our KEP (registered electronic mail) address (wemeepteknoloji@hs01.kep.tr), to our e-mail address (hello@317ads.com) or in writing to our address. The amount you paid is refunded free of charge, using the payment instrument you used, within 14 days at the latest from the date your notice reaches us.

A.7 Complaints and disputes

• You can send your complaints to our KEP address (wemeepteknoloji@hs01.kep.tr) or in writing to our address: Yiğitçavuş Mah. Silvan Blv. Dicle Teknokent No: 222, İç Kapı No: 1, Sur / Diyarbakır.
• Consumers may apply, within the monetary limits announced each year by the Ministry of Trade (Ticaret Bakanlığı), to the Consumer Arbitration Committee (Tüketici Hakem Heyeti) at their place of residence or where the transaction took place; this application can also be made through the Consumer Information System (Tüketici Bilgi Sistemi, TÜBİS) on e-Devlet (e-Government).
• For disputes exceeding the monetary limit, applying to a mediator is mandatory under Article 73/A of Law No. 6502 before filing a lawsuit at the Consumer Court (Tüketici Mahkemesi).

B. Distance Sales Agreement

Article 1 — Parties

Seller: Wemeep Teknoloji Limited Şirketi, whose details are given in A.1 ("Seller").

Buyer: the natural or legal person whose name or trade name, address, e-mail address, phone number and tax or identity details are declared in the 317ads account and on the payment screen ("Buyer"). The Buyer is responsible for the declared information being accurate and up to date.

Article 2 — Definitions

• Platform: the advertising platform and panel offered under the 317ads brand.
• Service: the subscription package, additional credit package or service determined by quotation that the Buyer selects on the payment screen or in the written quotation.
• Trial period: the 14-day period, free of charge, at the start of a business’s first subscription.
• Period: the time for which the subscription is billed; one month for monthly payment, twelve months for yearly payment. The first period begins on the day the trial period ends or, if there is no trial, on the day the card is verified.
• Credit: the usage right spent on image and text generation in Studio.
• Durable medium: tools such as e-mail that allow the Buyer to store the information sent and view it again without alteration.

Article 3 — Subject and scope

This agreement governs the rights and obligations relating to the sale and performance of the Service that the Buyer orders electronically. The Terms of Use and the Privacy Policy are annexes to this agreement; in the event of a conflict between them, this agreement and the order summary prevail.

The Service is offered to businesses engaged in commercial or professional activities. Where the Buyer is deemed a consumer, the Buyer’s rights arising from Law No. 6502, the Regulation on Distance Contracts and the Regulation on Subscription Contracts (Abonelik Sözleşmeleri Yönetmeliği) are reserved and prevail over any contrary provisions of this agreement.

Article 4 — Price and payment

1. The Service fee is the amount including KDV shown on the payment screen or in the written quotation. KDV is added to the amounts on the pricing page.
2. Payment is collected through iyzico: only by credit card for subscriptions; by credit card or debit card for one-time payments.
3. For subscriptions, the fee for the first period is charged to the card on file on the day the trial period ends (or, if there is no trial, when the card is verified), and the fee for each subsequent period at the start of that period; with yearly payment, the fee for twelve months is collected in a single charge at the start of the period. If the charge cannot be made, access to the panel is closed immediately and the Buyer is informed by e-mail; when the Buyer updates their card in the panel, the payment is retried, and access is restored once the payment is received. Data is not deleted.
4. If the subscription fee changes, the change is notified by e-mail at least 30 days before the period in which the new amount will apply. A Buyer who does not accept the new amount may cancel the subscription free of charge; the fee for a period already paid does not change.
5. Installment, interest and card fees are subject to the relationship between the Buyer and their bank.

Article 5 — Performance and delivery

1. The Service is performed electronically. A subscription package is added to the Buyer’s account the moment the card is verified by iyzico (as a trial for the first subscription), and an additional credit package the moment the payment is approved; no service is added without the card being verified or the payment being approved.
2. The order confirmation, this agreement and the preliminary information form are sent to the Buyer’s registered e-mail address.
3. In the event of a technical problem, the service is added within 24 hours at the latest; if it cannot be added, the Buyer may request a refund of the full amount paid.
4. Services determined by quotation are performed according to the schedule in the quotation.

Article 6 — Subscription term, renewal and cancellation

1. The subscription is for an indefinite term; it is billed in monthly periods for monthly payment and in yearly periods for yearly payment, and it renews at the start of each period until the Buyer cancels. A reminder is sent to the Buyer by e-mail at least 30 days before a yearly period renews.
2. The Buyer may cancel the subscription at any time on the Platform via Settings › Billing › Cancel subscription, or by e-mail or KEP. Cancellation takes effect at the end of the current period; the Buyer continues to use the Service until the end of the period and no charge is made for the next period. If the subscription is canceled during the trial period, no fee is charged and access continues until the end of the trial. The cancellation is confirmed to the Buyer by e-mail.
3. With yearly payment, the Buyer may also choose, instead of canceling, to end the subscription immediately. In this case, the subscription ends on the day the notice reaches the Seller; each month begun up to that day is calculated at the monthly payment price, this amount is deducted from the yearly fee paid, and the remainder is refunded. If the calculated amount exceeds the fee paid, no refund is made and no additional fee is charged.
4. In the event of a package change (upgrade or downgrade), the amount payable and the date on which the change takes effect are shown on the payment screen before confirmation.
5. The Seller may terminate the subscription immediately if the Buyer seriously breaches the Terms of Use. If the Seller terminates without just cause, it gives at least 30 days’ notice and refunds the fee for the prepaid, unused period.
6. When the subscription ends, access to the panel is closed; the account and data are not deleted, and access is restored upon subscribing again. Deletion of data is carried out in accordance with the Privacy Policy.

Article 7 — Right of withdrawal

1. If the Buyer is a consumer, the Buyer has the right to withdraw within 14 days from the day the contract is concluded, without giving any reason.
2. Since the Service is performed instantly in electronic form and the Buyer expressly confirms on the payment screen that the Service is to start immediately, before the withdrawal period expires, the right of withdrawal cannot be exercised under Article 15(1)(ğ) and (h) of the Regulation on Distance Contracts.
3. Where the right of withdrawal applies, notice and refund follow the procedure set out in A.6.
4. If the Buyer is not a consumer, the provisions on the right of withdrawal do not apply.

Article 8 — Refunds

The cases in which refunds are made, and the time frame and method of refunds, are set out in the Delivery and Return Terms, which form part of this agreement. Duplicate or erroneous charges, and the fee for a service that could not be provided at all for reasons attributable to the Seller, are refunded in full; when a yearly payment is ended immediately, the remaining amount is refunded in accordance with Article 6.

Article 9 — Ad spend

The spend on ads that the Buyer runs on Meta is collected by Meta from the payment method in the Buyer’s Meta ad account. The Seller is not a party to this payment; it does not collect ad spend, does not act as an intermediary for it and cannot refund it. The Buyer sets the ad budget, and the Platform does not publish any ad without the Buyer’s explicit approval.

Article 10 — Obligations of the parties

• The Seller provides the Service in accordance with this agreement, the order summary and the Terms of Use.
• The Buyer uses the Service in accordance with the Terms of Use and is responsible for the security of their account, for being authorized over the Meta assets they connect, and for the content of the ads they publish.

Article 11 — Invoice

The invoice is issued as an e-Invoice (e-Fatura) or an e-Archive invoice (e-Arşiv fatura) on the date the payment is received, based on the information declared by the Buyer, and is sent to the Buyer’s registered e-mail address.

Article 12 — Personal data

The Buyer’s personal data is processed in accordance with the Privacy Policy. Card details do not reach the Seller.

Article 13 — Force majeure

In events that arise beyond the parties’ control, such as natural disasters, epidemics, war, general power or internet outages, Meta or infrastructure providers suspending their services, and decisions of competent authorities, the obligations of the affected party are suspended for as long as the event continues. If the force majeure lasts longer than 30 days, either party may terminate the agreement; in that case, the fee for the prepaid, unused period is refunded.

Article 14 — Notices and evidence

Notices are sent to the Buyer’s registered e-mail address and to the Seller’s contact addresses in A.1. The parties agree that the Seller’s electronic records may be used as evidence in disputes; where the Buyer is a consumer, this provision does not limit the Buyer’s right to prove otherwise by any means of evidence.

Article 15 — Dispute resolution

This agreement is governed by the laws of the Republic of Türkiye. If the Buyer is a consumer, the consumer arbitration committees, mediation and consumer courts referred to in A.7 have jurisdiction. If the Buyer is a merchant (tacir), the courts and enforcement offices (icra daireleri) of Diyarbakır have jurisdiction.

Article 16 — Entry into force

This agreement is concluded when the Buyer reads the preliminary information form and this agreement on the payment screen and approves each of them separately, and the payment is approved by iyzico. The agreement and the preliminary information form are sent, together with the order confirmation, to the Buyer’s e-mail address as a durable medium.