(Digital Service / Digital Content – Premium Membership and Tool Usage)
1) Parties
SELLER / PROVIDER
Title/Name Surname: Ömer Agah Ulusoy – Tools1984
Address: Nilüferköy mah. Uslu sok. No: 28 Osmangazi / Bursa
Tax Office: Osmangazi
Tax Number: 16106995164
Tax Identification Number: 7880320693
KEP: omeragah.ulusoy@hs09.kep.tr
Phone: 0224 334 07 16
Email (Support): destek@tools1984.com
Website: https://www.tools1984.com
BUYER / CONSUMER
Name Surname / Title: [BUYER_NAME_SURNAME]
Address: [BUYER_ADDRESS]
Phone: [BUYER_PHONE]
Email: [BUYER_EMAIL]
In this agreement, the Seller and Buyer will be referred to collectively as the “Parties”.
2) Definitions
- Site: The website where Tools1984 provides digital services.
- Premium Membership / Package: Digital service(s) such as access to premium tools, limit increase, feature unlocking under a paid plan.
- Digital Service/Digital Content: Services and/or content that are provided online and accessed through membership without physical delivery.
- Order: The completion of the purchase process by the Buyer through payment on the Site.
3) Subject of the Agreement
The subject of this agreement is the provision of digital services offered by the Seller within the scope of the Premium Membership/Package purchased by the Buyer through the Site; the price, performance, right of withdrawal, refund/cancellation, and the determination of the rights and obligations of the parties.
4) Service Information – Package/Plan Details
The essential characteristics of the product/service purchased by the Buyer are stated on the order screen and/or on the invoice/payment record.
- Package/Plan Name: [PACKAGE_NAME]
- Duration: [MONTHLY/YEARLY/ONE_TIME]
- Scope: [premium tools, limits, features]
- Terms of Use: The User Agreement / Rules published on the Site is an integral part of this agreement.
5) Price, Taxes, and Payment
- Service Fee (including VAT): [AMOUNT]
- Payment Method: [Credit Card / Wire Transfer / etc.]
- Payment Date: [DATE-TIME]
- Automatic Renewal (if applicable): [YES/NO]
- If applicable: Renewal period [month/year]; cancellation/non-renewal conditions are in Article 9.
The Seller may change prices and campaigns; changes affect new orders and do not affect past orders.
6) Performance of the Service (Delivery/Activation)
Premium service is generally performed immediately or at the latest within [X] hours by assigning it to the Buyer’s account following the successful completion of payment.
Method of performance:
- Access to premium tools is opened,
- Limits are increased,
- Package features are assigned to the user account.
If access cannot be provided due to incorrect submission of the Buyer’s email/account information, the responsibility lies with the Buyer.
7) Buyer’s Declaration and Technical Requirement
The Buyer is responsible for providing the necessary internet connection, device, and browser/application conditions to benefit from digital services. The Seller is not responsible for problems arising from the Buyer’s device, connection, or third-party software/plugins.
8) Right of Withdrawal
The Buyer may have the right of withdrawal when the conditions arise under the Law No. 6502 and the relevant Regulation on Distance Contracts.
Important: The purchased service is a digital service/digital content and when the performance begins, an exception to the right of withdrawal may arise under the legislation.
9) Exception to the Right of Withdrawal – Explicit Consent
The Buyer accepts the following points:
- Premium service is a digital service performed instantly in electronic form.
- If the Buyer requests that the service be initiated immediately after payment, they acknowledge that with the initiation of performance, the right of withdrawal may be eliminated in cases provided for by the legislation, and they give explicit consent.
Proposed consent text to be used on the site:
“I request that the performance of the digital service begins immediately after payment. In this context, I acknowledge and accept that my right of withdrawal may be eliminated at the moment the performance begins in accordance with the legislation.”
10) Cancellation, Non-Renewal, Return Policy
- For one-time purchases: Return/cancellation conditions are evaluated according to Articles 8–9 and the return policy on the Site.
- Subscription / automatic renewal:
- The Buyer can stop the renewal by notifying in writing or through their account [X days/hours] before the next renewal date.
- When the renewal is stopped, access continues until the end of the current period; at the end of the period, premium access is terminated.
- Returns are evaluated considering the use of the service/performance start and legislative exceptions.
The Seller may suspend the service in case of abuse, suspicion of fraudulent transactions, system security, and/or violation of usage conditions; in necessary cases, they will also evaluate termination/refund.
11) Limitation of Liability
The Seller provides the service “as is”. They make reasonable efforts for uninterrupted and error-free operation; however, there may be short-term interruptions due to maintenance/improvement, infrastructure providers, and force majeure.
The Seller’s liability is limited to the amount paid by the Buyer under the relevant order (except for cases of gross negligence and mandatory situations arising from the legislation).
12) Force Majeure
In cases of force majeure that develop outside the control of the parties; internet infrastructure failures, cyber attacks, natural disasters, wars, legislative changes, decisions of public authorities, etc., the parties may be temporarily affected in their obligations.
13) Personal Data and Privacy
The processing of personal data and the use of cookies are carried out within the scope of the KVKK Information Text / Privacy Policy published on the Site.
14) Resolution of Disputes
In disputes arising from this agreement, the Turkish Law is applicable. The Buyer can apply to the Consumer Arbitration Committees and Consumer Courts within the relevant monetary limits.
15) Entry into Force
This agreement enters into force at the moment it is electronically approved by the Buyer on the Site and the payment transaction is completed. The Buyer declares that they have read and understood the agreement; and accepts it by marking the pre-information and consent boxes.