User Agreement

1. INTRODUCTION

This Jestiyon User Agreement (“Agreement“) is entered into between the Customer and Jestiyon Financial Technologies Inc. (hereinafter referred to as “Jestiyon“), located at Merdivenköy Mah. Dikyol Sk. B Blok No: 2 Inner Door No: 138 Kadıköy/Istanbul.

Customers agree to be bound by the terms of this Agreement when using the Products and Services. It is acknowledged that this Agreement will be interpreted together with the Accounting Services Agreement (“Accounting Services Agreement“) signed with the Customer or to be signed later. Customers further accept, declare, and undertake that they may need to approve contracts specially prepared for the services provided or to be provided by Jestiyon within the scope of Products and Services and that their information conveyed to Jestiyon may need to be verified. Failure to comply with these conditions may result in denial of access to or use of these Products and Services.

Hereinafter, Jestiyon and the Customer will be referred to collectively as the “Parties“ and individually as a “Party.“

2. DEFINITIONS

Customer: An individual or legal entity that purchases the Products and Services within the scope of the Service Agreement solely for its internal needs.

Authorized User Code and Information: Refers to the Customer authorized by Jestiyon to use the Products and Services on the Platform, and/or third-party business partners who will provide Accounting Services to the Customer within the scope of the Accounting Services Agreement, including user codes and information provided for accessing the services.

Authorized User: Within the scope of this Agreement, it refers to the Accountant who directly performs the Customer’s business and transactions on the Platform to enable the provision of Products and Services, as a party to the Accounting Services Agreement. The user codes and information used by the Customer for the Website will also be valid for the Mobile Application. The Customer can log in and benefit from the Products and Services with the same user code and information for both the Website and Mobile Application within the scope of this Agreement.

Package: Refers to the packages containing one or more of the Products and Services, the fees and content of which can be unilaterally changed by Jestiyon. The Customer selects or can later change these packages at the time of registration on the Platform, as available at https://www.jestiyon.com/en/prices/turkey

Platform: Refers to the www.jestiyon.com website and the web-based application where Jestiyon offers Products and Services to its Customers and/or facilitates the provision by third parties.

Website: Refers to the www.jestiyon.com/en website.

Presidency: Refers to the Revenue Administration Presidency of the Ministry of Finance of the Republic of Turkey.

Accounting Services: Refers to the services detailed and limited in the Accounting Services Agreement provided to business owners/taxpayers under the Law on Certified Public Accountancy, Certified Public Accountantcy and Sworn-in CPA’s, and regulated in the said agreement.

Mobile Application: Refers to the software panel owned by Jestiyon and allowing the provision of the Products and Services defined in this Agreement. It can be downloaded from the appropriate application markets by Jestiyon, either for a fee or free of charge.

Accounting Services Agreement: Refers to the agreement concluded between the Platform User, authorized individuals under Law No. 3568 on Certified Public Accountancy, Certified Public Accountantcy and Sworn-in CPA’s, and the Customer, using the Platform and benefiting from Jestiyon’s Products and Services. This agreement regulates the terms and conditions related to Accounting Services.

Products and Services: Refers to the services detailed in this Agreement.

3. SUBJECT OF THE AGREEMENT

Following the Customer’s registration with Jestiyon through the Website and/or Mobile Application, the subject of this Agreement is the principles and conditions for the use by the Customer of the Products and Services offered and to be offered within the Platform by Jestiyon. The purpose of this Agreement is to regulate the terms and conditions for Jestiyon to provide and/or facilitate the provision of the Products and Services detailed in the Agreement to the Customer, in exchange for the Customer’s payment of the relevant fees, as well as to outline the rights and obligations of the Parties.

4. RIGHTS AND OBLIGATIONS

4.1. Details Regarding the Scope and Pricing of Products and Services and/or Package: Details about the scope and pricing of the Products and Services and/or Package, as well as any changes therein, may be announced by Jestiyon through notification to the Customer’s registered email address or through the Platform, as Jestiyon deems appropriate. Jestiyon reserves the right to make unilateral changes.

4.2. Products and Services to be Provided or Facilitated: The Products and Services to be provided or facilitated to the Customer are as follows:

4.2.1. E-Transformation Services: Jestiyon does not directly provide E-Transformation Services but acts solely as a facilitator for these services to be provided to the Customer by business partners. E-Transformation Services include the provision of electronic invoice (“e-invoice“), electronic archive invoice (“e-archive invoice“), and electronic freelance service receipt (“e-SMM“) services, which will be provided to the Customer by Jestiyon’s business partner company holding the title of a private integrator. Jestiyon facilitates the provision of E-Transformation Services to the Customer through its business partners.

4.2.1.1. Special Provisions for e-Invoice, e-Archive, or e-SMM Services: Special provisions regarding e-invoice, e-archive, or e-SMM services provided in this Agreement will apply if the Customer’s commercial activities fall within the scope of the relevant service. In this regard, the use of only one or several of the E-Transformation Services may be applicable. The Customer cannot make any claims or demands from Jestiyon regarding unused services.

4.2.1.2. Provision of E-Transformation Services: For the purpose of providing E-Transformation Services to the Customer, Jestiyon will collaborate with business partners holding the title of a private integrator who operate in conjunction with the Revenue Administration Presidency. E-Transformation Services will be provided by these business partners with the title of a private integrator, and Jestiyon, on behalf of these business partners, is authorized to facilitate the signing of contracts with the Customer.

4.2.2. Accounting Services: Accounting services are provided by third parties authorized to provide accounting services under the Law on Certified Public Accountancy, Certified Public Accountantcy and Sworn-in CPA’s. Jestiyon does not provide Accounting Services under any name and cannot be interpreted otherwise.

4.2.2.1. The Parties acknowledge and declare that Jestiyon is not a party to the Accounting Services Agreement in any way; they are aware that the agreement is concluded between the Customer and the Authorized User. Therefore, the Customer accepts, declares, and undertakes that Jestiyon has no legal or criminal liability in any dispute arising directly or indirectly from the Accounting Services Agreement, such as the violation of rights and obligations in the Accounting Services Agreement, or the incomplete and/or defective performance of Accounting Services. However, Jestiyon reserves the right to intervene in the commercial relationship between the Customer and the Authorized User within the scope of customer satisfaction.

4.2.3. Address Provision Services: Jestiyon reserves the right to enter into a separate agreement under this Agreement, within the authorized limits directly or through authorized third-party business partners, for the provision of addresses to enable the Customer to carry out its commercial activities. (Virtual Office Services Agreement) In the event that services under the Virtual Office Services Agreement are provided by Jestiyon, the Virtual Office Services Agreement is an integral and inseparable part of this Agreement.

4.2.3.1. Virtual Office Services: If the Customer has a registered address in the Central Registration System (MERSIS) for the purpose of conducting commercial activities and does not make an additional request, it is not mandatory to enter into a Virtual Office Services Agreement. Nevertheless, the Parties acknowledge and declare that Jestiyon is not obliged to provide services under the Virtual Office Services Agreement.

4.2.3.2. Notwithstanding the provision in Article 4.2.3.1 of this Agreement, Jestiyon may request the Customer to purchase services under the Virtual Office Services Agreement and submit the requested information and documents through the Platform or by physical mail if Jestiyon deems it necessary for the Customer to have a registered address in MERSIS to be able to provide Products and Services. Otherwise, Jestiyon reserves the right not to provide Virtual Office Services to the Customer.

4.2.4. Electronic Signature Provision Services: Authorized electronic certificate and secure electronic signature services related to electronic signatures and timestamp services, in accordance with the Electronic Signature Law No. 5070 and relevant legislation, will be provided to the Customer by Jestiyon’s business partners, with Jestiyon facilitating the provision of Electronic Signature Provision Services (e-Signature Services) to the Customer. E-Signature Services are not provided directly by Jestiyon but are only facilitated to be provided to the Customer by its business partners.

4.2.5. Online Financial and Business Management Applications Services: As part of Jestiyon’s collaboration with relevant third-party business partners, a pre-accounting program service is provided on the Platform, enabling the Customer to manage financial matters and business operations online. Online Financial and Business Management Applications Services are not provided by Jestiyon directly but are facilitated for use on the Platform as specified in this Agreement and on the Platform. In addition to this Agreement, Customers wishing to use this service must confirm the usage agreements containing specific terms and conditions for the relevant service. These usage agreements are an integral part of this Agreement.

4.2.6. Accounting Document Delivery Services: As part of Accounting Services, Jestiyon will facilitate the delivery of accounting documents, such as expense receipts and receipts, to the business partner for physical access and/or examination of the invoice that needs to be physically accessed and/or examined by the business partner, in collaboration with third-party courier/cargo company partners.

4.2.6.1. For the relevant period, the Customer is obligated to deliver accounting documents to the courier/cargo company in a complete and preserved manner, without causing any loss or damage. Jestiyon will not be held responsible for any loss and/or damage in the processes of receiving the document from the Customer, delivering it to the business partner, and receiving it back from the business partner and delivering it back to the Customer.

4.2.7. Document Services: The Customer can upload documents to the Jestiyon database using the Receipt/Invoice Upload feature on the Application and can later access these uploaded documents. The details of the relevant service are available on the Platform.

4.2.8. KOSGEB Entrepreneurship Support Information Service: Upon the Customer’s request and if the Customer meets the necessary conditions for KOSGEB Entrepreneurship Support, Jestiyon will provide preliminary information to the Customer about the KOSGEB Entrepreneurship Support program (“Program“). It is solely the Customer’s responsibility to fulfill all the conditions required to benefit from the Program, including the required training. Jestiyon’s obligation under this service is limited to providing preliminary information to the Customer. Jestiyon may provide consultancy services at the Customer’s request, subject to the conditions agreed upon between the Parties, and entirely at its discretion, regarding the Customer’s application to the Program and meeting the conditions to benefit from the Program.

4.3. Non-Involvement in Contracts and Disclaimers: To avoid any doubt, Jestiyon is not a party to the contracts or any transactions mentioned in Articles 4.2.1., 4.2.2., 4.2.4., 4.2.5., and 4.2.6. of this Agreement and does not guarantee or commit to anything. Jestiyon acts only as a facilitator for the provision of the mentioned services to the Customer but has no responsibility under any name for disputes arising directly or indirectly from the relevant contracts, such as the violation of rights and obligations, incomplete and/or defective performance, or non-performance of the contracts. Therefore, the Customer acknowledges, declares, and undertakes that Jestiyon has no responsibility under any name for any disputes arising from the mentioned contracts or any matter related to the legislation, and no claims or demands can be made against Jestiyon. However, Jestiyon reserves the right to intervene in the commercial relationship between the Customer and the business partner for customer satisfaction.

4.4. Force Majeure and Service Interruptions: Jestiyon shall not be held responsible for interruptions in the provision of comprehensive Products and Services due to reasons beyond its control, including but not limited to force majeure events such as general failures in telecommunication and energy infrastructures, natural disasters, connectivity issues, data transmission, inability to provide Products and Services at all or properly, or temporary or permanent suspension due to malfunctions or non-functioning of the computer, equipment, and hardware used by the Customer, or security problems caused by users. The Customer accepts, declares, and undertakes that in the event of service interruptions not caused by Jestiyon and where Jestiyon is not explicitly at fault, Jestiyon will not be held responsible for any losses or damages resulting from service interruptions or cybersecurity attacks organized by third parties or within the company.

4.5. Exclusion of Liability for Uncontrollable Events: The Parties acknowledge and declare that Jestiyon has no responsibility for malfunctions, delays, and similar communication-preventing situations that cannot be attributed to Jestiyon, as well as delays caused by the Customer.

4.6. In cases where Jestiyon has valid reasons to act differently in accordance with national or international laws, regulations and principles published by competent authorities, Jestiyon has the authority to restrict or completely stop the scope of the services provided, provided that necessary precautions and measures have been taken. Therefore, the Customer acknowledges, declares, and undertakes in advance that no claim for recourse can be made to Jestiyon for any damages or losses that the Customer may incur.

4.7. The Customer is obliged to provide Jestiyon and relevant business partners with all kinds of information and documents; it is the Customer’s responsibility to provide them accurately, completely, up-to-date, and in full to fulfill Jestiyon’s and business partners’ obligations. If not, the Customer will be directly responsible for any disruption caused by any deficiencies in information and documents, and Jestiyon shall not be held responsible for any negative consequences that may arise during the process. Additionally, Jestiyon reserves the right and authority to claim damages for any losses incurred by Jestiyon due to such reasons.

4.8. The Customer is responsible for keeping all documents and information submitted to Jestiyon up to date, including Registered Electronic Mail (KEP) addresses and other email addresses. The Customer must follow the informative emails, announcements, and notifications sent by Jestiyon from the Registered Electronic Mail address or any email address or through the Platform. If it is determined that the documents and information submitted by the Customer do not comply with the legislation or if there are inaccuracies, deficiencies, or errors in this information and documents, the Customer acknowledges, declares, and undertakes that Jestiyon has the right to suspend the service and/or terminate the Agreement without any obligation to pay compensation. In case of any changes in account information, the Customer agrees that Jestiyon will proceed based on the information registered in the panel unless the Customer notifies Jestiyon in writing of such changes.

4.9. Jestiyon is not liable for any legal consequences arising from the actions and transactions performed by Authorized Users using the Customer’s username and passwords. In case the authorization granted to Authorized Users is revoked by the Customer, or if any employee uses the Platform without proper authorization, the Customer must immediately notify Jestiyon in writing. Upon request, Jestiyon will block the access of the relevant Authorized User to the system and revoke their permissions in the system. Until the Customer notifies Jestiyon that the authorization has been revoked or modified, the existing authorization will remain valid. The Customer acknowledges, declares, and undertakes that Jestiyon shall have no responsibility for any transactions carried out within the scope of this Agreement using the “password“ and “authorized user information“ belonging to the Customer, in case the Customer fails to report changes in authorization promptly, goes bankrupt, is liquidated, or terminates its commercial activities for any reason.

4.10. The Customer agrees to avoid any attitude or behavior that may damage the hardware and technical infrastructure provided by Jestiyon, which may affect the continuity of these structures, and declares and undertakes that Jestiyon shall have no liability.

4.11. Subject to exceptions in the relevant legislation, for the validity of the rights and obligations of the Customer with respect to the Products and Services provided through this Agreement, the Customer must be at least 18 years old. In the case of the Customer being a natural person, the acceptance of this Agreement implies that the Customer is over 18 years old. If the Customer is under 18 years old, the acceptance of this Agreement will be assumed to be made with the approval/permission of the Customer’s parent and/or guardian.

4.12. Following the approval of the Agreement, Jestiyon reserves the right to reject the Agreement approved by the Customer for legal reasons or without stating any reasons, based on the evaluation results. In this context, the Customer’s approval of the Agreement through the Platform is deemed as an “offer/acceptance“ within the scope of the relevant legislation. Active conduct by Jestiyon or implicit notifications indicating the establishment of the Agreement will be considered for the Agreement to come into effect and take effect.

4.13. The Customer acknowledges and declares that, when paying the fees for the Products and Services subject to this Agreement, the information entered by the Customer for payment and the valid credit/bank card belong to the Customer or the cardholder, and the Customer consents to the collection of these fee amounts from this bank/credit card. Within the scope of Virtual Wallet Services, the Customer can make payments to Jestiyon using the virtual card obtained.

4.14. Authorized User login credentials will be kept confidential by the Customer. It is the Customer’s responsibility to take all technical and organizational measures required for the confidentiality, integrity, and accessibility of login credentials.

4.15. In the event that third parties learn or suspect that login credentials have been acquired by third parties or used by third parties, the Customer and Authorized User(s) are obligated to immediately notify Jestiyon. Jestiyon reserves all rights, including the suspension of services, but not limited to this, in such cases.

4.16. To benefit from the Services specified in this Agreement and its annexes, the Customer acknowledges, declares, and undertakes to provide the necessary technical and hardware infrastructure requirements.

4.17. The Parties agree, declare, and undertake that the approval of this Agreement does not grant them titles or statuses such as representatives, agents, commercial agents, or partners of each other.

4.18. The Parties are responsible for fulfilling the obligations stipulated by the current legislation published by the competent authorities regarding the Products and Services. The Customer accepts, declares, and undertakes that they have examined all documents, including but not limited to guides, circulars, and directives, published by the Presidency within the scope of the Products and Services, is aware of these rules, and will act in accordance with these rules. The Customer is solely responsible for all procedures to be carried out in front of the Presidency for the realization of the Products and Services by Jestiyon. The Customer accepts, declares, and undertakes that it will be exclusively responsible for any negativity that may occur or may occur at the Presidency until the provisions of the Agreement come into effect. Jestiyon cannot be held responsible for the transactions and documents that the Customer is obliged to perform at the Presidency. Therefore, in the event of any disruption/delay or impossibility in the transactions and activities that the Customer is obliged to perform, no fault can be attributed to Jestiyon.

4.19. Jestiyon does not provide any guarantee or commitment to the Customer regarding the complete and timely payment of the amounts communicated by the Customer in the scope of Premium Payment Service and Tax Payment Service. Jestiyon is only obliged to pay the amounts communicated by the Customer within the specified times in the scope of Premium Payment Service and Tax Payment Service, and no guarantee or commitment is made regarding the complete and accurate payment of these amounts in accordance with the relevant legislation.

5. SPECIAL PROVISIONS

The activation of the application requires the provision of membership information, and a one-time activation code will be sent to the customer’s provided mobile phone number, along with a password chosen by the customer. Upon successful completion of the activation process, the application and device will be paired. The customer can perform transactions in the application by entering only the application password.

If the customer forgets the application password, they can set a new password by selecting the "Forgot my password" option within the application.

Jestiyon and/or the relevant business partner have the right to unilaterally change the access steps related to the application, in compliance with the legislation, at any time during the application activation process. In such cases, the customer may need to enter different or additional information to use the application.

5.1. Mobile Device Security and Notification Obligations

In the event of the loss, theft, or replacement of the mobile phone associated with the application, the customer is obligated to report this situation to Jestiyon and/or the relevant business partner through the Application Call Center. The application activation can be canceled by the Application Call Center. If the customer fails to report these situations to Jestiyon or make the necessary updates, they will be solely responsible for all damages, and no claims can be made against Jestiyon in this regard.

The customer is exclusively responsible for taking technical measures to ensure the security of the mobile device against unauthorized access, such as keeping all software (including the operating system) of the device up to date, protecting the device against unauthorized access by using the latest antivirus and antispyware programs, and preventing unauthorized access to password information over the internet. In such a situation, the customer will be solely responsible for all damages, and no claims can be made against Jestiyon.

The customer is exclusively responsible for the use of the application, payments made through the application, and other transactions, as well as any information and content shared on the application. Any claims and damages arising from the content and accuracy of information shared by Jestiyon will be directed to the customer exclusively.

5.2. Temporary Access Restriction for Application Improvements

The customer acknowledges that access to the application may be temporarily blocked for the purpose of implementing improvements and other changes to the application. Similarly, within the same scope, if the latest version of both the application and mobile device software updates is not used by the customer (in cases where updates are not performed), the customer accepts that no claims can be made against Jestiyon due to the inability to obtain necessary data from the application, interruptions, technical glitches, and similar situations.

6. FINANCIAL PROVISIONS

6.1. Additional Charges and Payment Terms Jestiyon reserves the right to collect fees different from the monthly specified fee or the specified fee of the relevant Package for Accounting Document Delivery Services and other Products and Services within the scope of this agreement. Details of the fees to be collected from the customer for Products and Services offered from https://www.jestiyon.com/en/prices/turkey, apart from the monthly specified fee or the specified fee of the relevant Package, can be accessed. The relevant amounts will be automatically collected from the customer’s credit card. In the event that the customer wishes to benefit from a bulk Package determined by Jestiyon, the total fee for this package will be collected from the customer in advance, and the fee for the relevant month will be collected from the customer before the Products and Services for the relevant period are provided.

6.2. Payment of "Jest Package" Fee The customer agrees and undertakes to pay the "Jest Package" fee determined by Jestiyon at the time of entering into this Agreement for a one-time basis. Jestiyon may grant the privilege that it will not collect the Jest Package fee from customers who commit not to terminate this Agreement within a certain period (Commitment Period) or not to cause its termination. This situation is at the discretion of Jestiyon. The customer who terminates or causes the termination of the Agreement before the Commitment Period or the remaining number of months within the Commitment Period from the date the Agreement terminates, multiplied by the amount calculated by dividing the Jest Package fee by the number of months in the Commitment Period, agrees and undertakes to pay immediately upon Jestiyon’s first request. Jestiyon reserves the right to collect this amount in accordance with the terms of the Agreement. Pursuant to Article 6.1 of this Agreement, Jestiyon has the discretion to exempt customers who wish to benefit from a bulk Package from paying the Jest Package fee. Details regarding Jest Package and the Commitment Period can be found at https://www.jestiyon.com/en/prices/turkey. The amount to be collected from the customer for Accounting Services will not be less than the minimum amounts in the minimum fee schedule published by the Revenue Administration for the relevant year. The pricing of Products and Services according to the minimum wage tariff published by the Revenue Administration or relevant authorities may change every year or at another time interval deemed appropriate by the relevant authority. The fee collected from the customer for Accounting Services is included in the monthly fee collected from the customer, subject to the provisions of Articles 6.1 and 6.2.

6.3. Additional Fees for Accounting Services In addition to the fixed amounts collected from the customer for services listed in the tables within the Official Gazette published by the Revenue Administration for the relevant year under the Independent Accounting Minimum Wage Tariff, Jestiyon will collect additional fees from the customer for transactions outside the scope of these tables and transactions specified in the explanatory notes of the tariff as subject to additional fees (transactions known to be included in the monthly base fee and/or announced by the relevant administrative authority and/or known to be included in this amount according to general professional rules). The customer acknowledges that additional fees for transactions outside this scope can be automatically collected from the card account defined on the Platform.

6.4. Additional Credits for E-Transformation Services In the event of reaching the limit of the credits allocated to the customer for the relevant period/package for E-Transformation Services, regardless of whether the customer benefits from the Products and Services as a bulk package or on a monthly fee basis, the customer must purchase additional credits. Additional credits for E-Transformation Services can be purchased through the Platform.

6.5. Payment and Service Suspension Customers desiring the continuation of the provision of Products and Services must make their payments for previous periods and the relevant period in full and without any omissions. In this case, Jestiyon has the right to temporarily/permanently suspend the provision of Products and Services or request suspension from its business partners. If the collection is not automatically made from the card defined by the customer, payments will be deemed incomplete on the day the collection cannot be made. No additional time is required. In the event of any legal action for unpaid amounts, in addition to its own legal commission fee, Jestiyon will request interest, attorney fees spent/to be spent for the said legal processes, and other expenses from the customer.

6.6. Fee Changes Upon the renewal of the contract every year and/or at other times deemed appropriate by Jestiyon, except for the pricing of Accounting Services, Jestiyon has the right to change these fees by notifying the customer. Customer approval is not required for the application of fee changes. If the customer is using a package for Products and Services, after the completion of that package, or if the customer is benefiting from the Products and Services by paying a monthly fee, the customer will continue to benefit from the changed fees from the first fee collection after the month in which the fee change is made (including this collection). The provisions of clause 6.2 of the Contract regarding fee changes in Accounting Services are reserved.

6.7. Payment Processing through Authorized Electronic Money Payment Institutions Payments to be collected from the customer by authorized/licensed electronic money payment institutions that Jestiyon collaborates with, within the scope of relevant legislation, will be processed. Jestiyon does not store information such as customer card and password details in its infrastructure. The responsibilities of Jestiyon’s business partner providing the relevant service are reserved, and therefore Jestiyon cannot be held responsible in any way.

7. TERM AND TERMINATION

7.1. This Agreement shall come into effect on the approval date of this Agreement and, unless terminated by the Parties, shall remain in force indefinitely. The provisions of this Agreement regarding the Products and Services for the country covered by the Customer’s Package shall take effect from the moment the Customer expresses the intention to benefit from the relevant Products and Services.

7.2. In the event that Customers benefiting from the Products and Services on a monthly basis terminate this Agreement without any justifiable reason, the Customer shall pay the fee for the current month on the date of termination. For Customers benefiting from the Products and Services by purchasing a bulk package, if this Agreement is terminated without any justifiable reason, no amount paid up to that point, including the remaining period of the relevant package, will be refunded to the Customer.

7.3. In the event of a fundamental breach by Jestiyon of any substantial obligation contained in this Agreement, the Customer will give Jestiyon a 30-day period to rectify such breach. If the breach continues after this period, the Customer has the right to terminate this Agreement with just cause. The rights of the Parties arising from the relevant legislation are reserved.

7.4. In the event of any situation or breach under the Accounting Services Agreement, such breach shall not be construed as a violation of this Agreement and shall not lead to a breach of this Agreement. In this case, the Customer will contact Jestiyon through the communication channels specified in this Agreement, and Jestiyon will make every effort to resolve the situation. However, in any case, the Accounting Services Agreement and its provisions are separate and independent agreements from this Agreement.

7.5. In the event of the termination of this Agreement for any reason, the Customer will terminate the Accounting Services Agreement as well, due to its being concluded with a third-party business partner other than Jestiyon. In this regard, the Customer will provide the necessary information and documents for the termination of the Accounting Services Agreement in accordance with Jestiyon’s instructions and guidance, sign the relevant forms, and/or send/serve them to the relevant third-party business partner.

7.6. The Accounting Services Agreement between the Customer and the business partner will be transferred to another third party providing Accounting Services, subject to mutual agreement between Jestiyon and the Customer (via email), in the event of the termination of the commercial relationship between Jestiyon and the third-party business partner providing Accounting Services to the Customer for any reason. The Customer agrees and declares that, for the transfer of the Accounting Services Agreement, they will act in accordance with Jestiyon’s instructions and guidance, promptly execute the relevant documents/forms, perform the transfer of the relevant contracts to the agreed individuals during this process, and make the necessary notifications to business partners in collaboration with Jestiyon.

7.7. In the event that it is understood that the Customer’s use of the Platform is contrary to law and morality, even if there is no violation in the contracts concluded within the scope of the Platform, Jestiyon and its business partners have the right to permanently terminate the Customer’s Agreement and terminate all contracts related to the Services provided within the Platform, permanently ending the Customer’s Agreement. In this case, Jestiyon reserves the right to claim compensation arising from contracts and the law. The Customer is responsible for all direct and indirect damages arising from this violation, and Jestiyon’s right of recourse is reserved.

7.8. In the event that the Customer violates this Agreement or the rules and contracts related to different services offered through the Platform, Jestiyon may unilaterally terminate this Agreement without the need for any notice and without compensation, especially in the following cases:

8. INTELLECTUAL PROPERTY RIGHTS

8.1. By connecting to the Platform operated by Jestiyon, the Customer has the right to use this system for a limited period within the scope of the Products and Services for which the Customer pays fees to Jestiyon, as specified in the Additional Service Agreement. In the event of termination of this Agreement and/or the relevant Additional Service Agreement for any reason, the right to use the license will automatically terminate. Granting the same license to others by Jestiyon does not constitute a restriction on Jestiyon’s Intellectual Property Rights and cannot be interpreted as such.

8.2. The Platform can only be used by the Customer for the purposes specified in this Agreement. The Platform, any content, information, or visuals on the Platform cannot be used, copied, transmitted, or any application, including reverse engineering processes, aiming to access the source code or directory of the Platform in any way by the Customer for any other purpose.

8.3. The Customer cannot use the trade name, trademark, service mark, logo, domain name, etc. of Jestiyon and/or its affiliates for any purpose.

9. OTHER PROVISIONS

9.1. Individuals who wish to become customers must fill in the necessary information in the relevant section of the Platform in order to benefit from the services offered on the Platform. For a person to become a Customer on the Platform, it is mandatory that the provided email address and other information are up to date. The updated email address provided by the Customer will be the basis for all correspondence. After the necessary information is provided by the Customer, Jestiyon will complete the registration process, and upon completion, the individual will become a Customer.

9.2. Jestiyon reserves the right to reject a person’s application to become a Customer without providing any justification after evaluating it. Jestiyon cannot be held responsible for verifying the accuracy of the information provided by the Customer. Jestiyon has no liability for any inaccuracies resulting from the Customer’s false statements. In the event of any changes in the information provided by the Customer when becoming a Customer on the Platform, the Customer is obliged to promptly inform Jestiyon, and Jestiyon will not be held responsible for any consequences arising from this situation.

9.3. Any kind of rights and claims specified by Jestiyon for the Services provided on the Platform and in this Agreement cannot be used by individuals under the age of 18. In the case of Customers being natural persons, by approving the Agreement, the Customer acknowledges and undertakes that they are over 18 years of age. If the Customer is under 18 years of age and approves this Agreement, it will be presumed that the Customer has obtained approval/permission from their parent and/or guardian. Jestiyon is not obliged to investigate whether the natural person entering into this Agreement is under 18 years of age. In the case of the Customer being a legal entity, by approving this Agreement, the Customer acknowledges and undertakes that it is duly established and exists in its jurisdiction, has all the power and authority, including entering into this Agreement, and further, the representative entering into the Agreement is duly authorized for the conclusion of the Agreement. There is no obligation for Jestiyon to investigate whether the natural person entering into this Agreement has the authority to represent.

9.4. In accordance with the mandatory provisions of the current legislation and the Privacy Policy published on the relevant Platform, in the event that there is an obligation to make a disclosure to official authorities, if these authorities request these information in a proper manner, Jestiyon is authorized to disclose confidential/private/commercial information about Customers. The Customer accepts and undertakes that they cannot claim any compensation from Jestiyon for the disclosure of this information to official authorities.

9.5. In order to benefit from the services provided through the Platform, the security, storage, and protection from third parties of the access tools (username, password, etc.) used by the Customer are entirely the responsibility of the Customer. Each transaction carried out with the Customer’s username and password is presumed to have been carried out personally by the Customer, even if the Customer did not perform the transaction. Jestiyon is not directly or indirectly responsible for any damages incurred or that may be incurred by Customers and/or third parties due to all negligence and faults of the Customer in matters such as the security, storage, protection from third parties, and use of access tools to the system and the Platform. Jestiyon’s right of recourse is reserved.

9.6. The Customer acknowledges, declares, and undertakes that the information and content provided by the Customer within the Platform are accurate and compliant with the law. Jestiyon has no obligation to investigate the accuracy of the information and content transmitted, modified, or provided by the Customer through the Platform and does not have the obligation to guarantee that this information and content are secure, legal, and accurate. The Customer will be solely responsible for all material/moral, direct, or indirect damages arising or that may arise from the incorrect, illegal, or erroneous nature of such information and content, even if it is not the fault of the Customer. Jestiyon’s right of recourse is reserved.

9.7. Without prejudice to the special liability provisions in contracts to be concluded with Jestiyon or Business Partners, the Customer acknowledges that, for the services in this Agreement or on the Platform, the Customer will be exclusively responsible for ensuring that the business and transactions conducted through the Platform are lawful. The Customer accepts that it will be solely responsible for any damages arising from any unlawful business/transaction.

9.8. The Customer agrees, declares, and undertakes not to reproduce, copy, distribute, transmit, process, the images, texts, visual and auditory images, files, writings, statistics, information, content, databases, catalogs, and lists in the Platform, which belong to Jestiyon and Business Partners and which may be subject to intellectual property rights or property rights, in a manner that would violate any property or intellectual property rights, personality rights, or property rights. The Customer further agrees, declares, and undertakes that it will not engage, either directly or indirectly, in competition with Jestiyon through these actions or through other means, and will not cause any harm to Jestiyon through such means.

9.9. Jestiyon reserves the right to make changes to the Services and content offered on the Platform. Jestiyon cannot be held liable under any name for any direct and/or indirect damages incurred or that may be incurred by the Customer due to these changes or cancellations.

10. FORCE MAJEURE

Unless otherwise specified in this Agreement, neither Jestiyon nor the CUSTOMER shall be deemed to be in default of their obligations arising from this Agreement to the extent that the performance of their obligations is prevented or delayed due to force majeure. Force majeure refers to events that are unpredictable and irresistible without the fault, negligence, or omission of the party relying on it. In the event of force majeure, the party relying on it shall (i) immediately inform the other party, (ii) make all necessary efforts to eliminate the cause of the inability to perform, (iii) be exempt from its contractual obligations until the cause is eliminated, and shall perform all of its obligations as soon as the cause is eliminated. Provided that, if the force majeure period lasts more than thirty (30) days, either party shall have the right to terminate the Agreement without any claim for damages. The COMPANY reserves the right to claim its fee for the services provided until the termination date of the Agreement and/or Additional Service Agreement. The Parties have agreed to consider changes to the content or infrastructure of the Service due to Legislation and administrative regulations as Force Majeure.

11. FINAL PROVISIONS

11.1. Evidence Agreement: The Parties acknowledge, declare, and undertake that in case of disputes arising from this Agreement and its appendices, the official books and records of both parties, as well as microfilm and Private Integration Information Processing System records, shall constitute valid, binding, conclusive, and exclusive evidence within the meaning of Article 193 of the Turkish Code of Civil Procedure.

11.2. Notifications: All notifications related to this Agreement and its appendices are made to the addresses specified in the introduction section. It cannot be claimed that notifications to these addresses have been delivered by unauthorized persons, and even if they are not delivered, notifications to these addresses have legal consequences. The Parties shall inform each other in writing of any address changes.

11.3. Prohibition of Assignment: The Parties cannot assign or transfer their obligations and receivables under this Agreement, either wholly or partially, to subcontractors or third parties. Such assignments and transfers do not create legal effects against the other Party. However, Jestiyon may transfer its obligations and receivables arising from this Agreement, either wholly or partially, to companies in which it has a capital share, in which it is a shareholder, or in which its shareholders have a stake.

11.4. Commercial Communication: Jestiyon may send electronic messages or commercial electronic messages to the communication address that the Customer has registered/provided digitally for remote access to the system at any time. It is assumed that the Customer has given prior permission/approval for the sending of any electronic communication, whether commercial or not, through any electronic communication means. The Customer can use the right to cancel the given permission/approval and reject commercial electronic messages at any time. Rejection requests are processed as soon as possible. The addresses specified in the 1st article of this Agreement by the Parties are valid notification addresses in accordance with the Law on Notification. In case of any change of address by the Parties, the change of address will be notified to the other Party in writing or by e-mail without delay. Jestiyon can make this notification by announcing it on the Platform or by updating its information in the Communication section. Otherwise, notifications to the addresses specified in this Agreement will be deemed to have been made in accordance with the Law on Notification. The Party that does not report address changes in a timely manner will bear all liabilities arising from the failure to report the address.

11.5. Evidence: The commercial books and records kept by Jestiyon, computer records, and any kind of documents, minutes, reports, receipts, faxes, and fax records, documents, minutes, reports, receipts, emails, and similar documents to be prepared by the Parties, within the scope of this Agreement and its appendices, have the nature of an indisputable evidence agreement and shall be considered as definitive evidence within the scope of Article 6100 of the Code of Civil Procedure, which includes commercial books and records.

11.6. Competent Court: In this Agreement, the laws of the Republic of Turkey will apply. For the resolution of any disputes arising from the interpretation or implementation of this Agreement between the Parties, the Istanbul (Anadolu) Courts and Enforcement Offices shall have exclusive jurisdiction.

11.7. Integrity of the Agreement: The Parties acknowledge that this Agreement is their final agreement, which supersedes all previous written and oral discussions, commitments, and prior agreements made between the Parties regarding the subject matter of this Agreement. Waiver, cancellation, invalidation, or modification of any provision of the Agreement shall not be construed as the cancellation of the Agreement.

11.8. Amendment of the Agreement: The provisions of this Agreement can only be modified by additional agreements mutually executed. Except for such additional agreements, no written or oral statement shall be construed as an amendment to the Agreement.

11.9. This Agreement was digitally executed on [date]. If the Customer activates the User Account before the signature date of this Agreement, the period between the activation date of the User Account and the date of this Agreement, and if applicable, any Service Package(s) purchased by the Customer during this period, will also be subject to the terms of this Agreement.