Distance Sales Agreement
Parties and Subject Matter
This Distance Sales Agreement (the “Agreement”) is concluded between BENDAİ TEKNOLOJİ ANONİM ŞİRKETİ (the “Seller”, the “Company”, “Obiy”), whose registered address is Esentepe Mah. Harman 1 Sk. Nida Kule No: 7-9 İç Kapı No: 60 Şişli/İstanbul, and the person placing an order electronically through the Platform (the “Buyer”), pursuant to Turkish Consumer Protection Law no. 6502 and the Regulation on Distance Contracts.
The subject of the Agreement is to set out the rights and obligations of the parties regarding the sale and performance of the digital products and services ordered electronically by the Buyer through the Obiy mobile application and/or the obiyai.com website, the characteristics and price of which are stated below.
The Buyer acknowledges having read this Agreement in full before placing an order, having received the pre-contractual information and having given the required confirmation electronically.
Products and Services Covered
Two types of purchase can be made through the Platform:
- Usage-right packages: digital usage rights credited to the Buyer's account so that they can use the AI-assisted generation features (image, video, text and audio generation). The Seller is a direct party to this product.
- Marketplace services: digital services provided by the professionals offering services on the Platform (design, content production, consulting and so on). For these services the Company is not the service provider but an intermediary service provider supplying the technical infrastructure and the payment flow.
The essential characteristics, scope, delivery time and the sale price including all taxes are displayed clearly on the Platform before the order is confirmed. Listed prices remain valid until updated; prices announced for a limited period remain valid until the end of that period.
Payment Channels, Method and Security
The Platform has two separate payment channels, and each purchase is collected through the channel matching the type of product:
- Usage-right packages are purchased in the mobile application by way of in-app purchase, using the Apple App Store and Google Play infrastructures. These payments are collected by the relevant app store under its own payment terms; only the result of the transaction and its reference are passed on to the Seller.
- Digital service purchases are collected by credit or debit card through the Akbank T.A.Ş. virtual POS infrastructure with 3D Secure verification. No amount is charged to the Buyer before verification is complete.
- Card details are entered by the Buyer directly on the bank's secure 3D Secure screen; they are never viewed or stored in the Company's systems. The Company does not keep the Buyer's card details on file.
- All data traffic on the site and in the application is encrypted with SSL/TLS.
- Once the order is completed, the order details are sent to the Buyer's registered e-mail address.
- If the payment fails for any reason or is cancelled by the bank or the app store, the Seller is released from its obligation to perform.
For details, see our Security & Privacy Commitment page.
Performance and Delivery
The products covered by this Agreement are digital; there is no physical delivery.
- Usage-right packages are credited to the Buyer's account immediately after the payment is approved and become available for use at once.
- For marketplace services, the delivery time is the period stated by the professional on the service page; delivery is made digitally through the Platform.
- As required by law, the performance period may in no case exceed 30 days from the date of the order.
- If performance becomes impossible due to a technical failure, the Seller notifies the Buyer and refunds the amount collected within 14 days.
Right of Withdrawal and Its Exception
Where the law provides for it, the Buyer may withdraw from the contract within 14 days of its conclusion, without giving any reason and without paying any penalty.
Where the right of withdrawal is available, the request is sent in writing to info@obiyai.com. The amount is refunded to the card used for payment within 14 days of receipt of the withdrawal notice. The full cancellation and refund terms are set out on the Cancellation, Refund & Withdrawal Policy page.
Buyer's Representations
- The Buyer declares that the identity, contact and billing details given when ordering are accurate and complete.
- The Buyer confirms that the card used for payment belongs to them or is used with the express consent of the cardholder.
- The Buyer undertakes not to use the purchased digital content and services in breach of the Terms of Use.
- Persons under the age of 18 may not make purchases through the Platform.
Dispute Resolution
For disputes arising out of this Agreement, the Consumer Arbitration Committees at the Buyer's place of residence or where the transaction took place are competent up to the monetary thresholds announced by the Turkish Ministry of Trade, and the Consumer Courts are competent above those thresholds.
The Buyer may always send complaints and objections to info@obiyai.com.
Entry into Force
The Buyer is deemed to have accepted all the terms of this Agreement at the moment the order is confirmed on the Platform. The Agreement enters into force once approved electronically by the parties and ends when performance is complete.