Terms of Service

1. Parties, Purpose and Scope

These Terms of Service (the "Terms") set out the principles governing the use of the website, digital analytics, user engagement, advertising measurement, campaign management, AI-supported analysis and related technology services offered by Paylisher Teknoloji Anonim Şirketi ("Paylisher" or the "Company").

These Terms apply, to the extent relevant to them, to natural and legal persons who visit the website at https://www.paylisher.com (the "Site"), access the Paylisher platform, use demo or trial services, carry out a technical integration or benefit from other digital services provided by Paylisher.

In this text:

• Paylisher: means Paylisher Teknoloji Anonim Şirketi,
• Site: means the corporate website owned by Paylisher,
• Platform: means the software and management systems offered by Paylisher,
• Services: means the technology, analytics, engagement, measurement and related services provided by Paylisher,
• Customer: means the natural or legal person that enters into a service or license relationship with Paylisher,
• User: means the authorized person who accesses the Site or the Platform,
• End User: means the persons who use the Customers' websites or mobile applications,
• SDK: means the software development kits that enable Paylisher services to be integrated into customer applications,
• API: means the application programming interfaces that provide access to data and functions between systems,
• Customer Data: means the data transferred to the Services by the Customer or processed on behalf of the customer during the use of the Services.

The scope, terms of use and technical features of the Services offered by Paylisher may vary according to the specific agreements, license agreements, data processing agreements and service documents entered into with the customer.

Where a specific agreement has been signed between the parties, that specific agreement applies with priority in respect of provisions governing the same subject matter.

2. Acceptance and Validity of the Terms

Persons who visit the Site are obliged to comply with the rules in force regarding the use of the Site.

When an account is registered on the Platform, an account is used or the Services are benefited from, the principle is that the relevant Terms are duly presented and, where necessary, their acceptance is obtained.

Merely visiting a website does not mean that all provisions that are not shown to the user or not validly incorporated into the agreement have been unconditionally accepted.

The financial, technical and operational obligations of corporate customers regarding their use of the Services may be determined by specific agreements concluded between the parties.

Where the User accesses the Platform on behalf of an organization, the User may act only within the scope of the powers granted to them.

3. Services Offered by Paylisher

Paylisher offers technology solutions that help businesses understand user interactions on their digital channels, measure the performance of their digital products, evaluate their campaigns and improve their user experiences.

The Services may vary according to the modules purchased or activated by the customer.

3.1. Mobile and Web Analytics

Paylisher may offer tools for analyzing usage events in mobile applications and on websites.

These services may include the following features:

• Mobile and web usage analytics.
• Screen and page view analyses.
• User journey and behavior analysis.
• Funnel and conversion analyses.
• User grouping and segmentation.
• Usage and engagement reports.
• Session analysis and session replay.
• Application performance, error and technical diagnostic analyses.

3.2. Advertising Measurement and Attribution

Paylisher may offer technologies for evaluating the performance of digital campaigns and attributing certain user interactions to advertising sources.

These features may cover functions such as:

• Measurement of ad clicks and redirects.
• Campaign link management.
• Analysis of app install and open events.
• Attribution of advertising sources to conversions.
• Deep link and short link management.
• Measurement of QR code interactions.
• Campaign conversion reports.
• Analysis of suspicious or invalid ad interactions.

Attribution results depend on operating system restrictions, user permissions, advertising platform policies, integration methods and the accuracy of data sources.

Paylisher does not guarantee that every ad interaction can be attributed with certainty to a specific user or conversion.

3.3. User Engagement and Campaign Management

Paylisher may offer tools that help corporate customers carry out user engagement and campaign management through their digital channels.

These tools may include features such as:

• Push notifications.
• In-app notifications.
• User group and target audience management.
• Campaign planning.
• User engagement analysis.
• Personalized campaign flows.
• Management of other communication channels through the relevant integrations.

The content, target audience and legal basis of the messages sent through these tools, and the obtaining of the necessary permissions, are subject to the obligations of the relevant data controller and message sender.

3.4. AI-Supported Analysis

Paylisher may offer analysis tools supported by artificial intelligence and machine learning in certain of its services.

These features may be used in areas such as:

• Interpretation of user behavior.
• Segmentation and pattern analyses.
• Predictions regarding the risk of user churn.
• Campaign performance analyses.
• Predictions regarding usage trends.
• Interpretation of analytics reports.

Results produced by artificial intelligence may be statistical, probabilistic or predictive.

The accuracy of these results may vary depending on data quality, model characteristics and the usage scenario.

AI outputs should not be regarded on their own as definitive information for legal, financial or other critical decisions that require independent verification.

3.5. SDK, API and Technical Integrations

Paylisher may provide its customers with a mobile SDK, a web SDK, APIs and other technical integration components.

In the use of these components, the following are among the customer's responsibilities with respect to the systems under its own control:

• Compliance with the technical documentation.
• Protection of access keys.
• Prevention of unauthorized use.
• Secure configuration of data transfer.
• Keeping the applications in use up to date.
• Compliance with the relevant device and platform policies.

4. Corporate Use and Licensing

Paylisher is a technology platform aimed predominantly at corporate customers.

Commercial use of the Services may be subject to a proposal, order form, license agreement, subscription agreement or other written agreements to be concluded between the parties.

4.1. Right of Use

Unless otherwise agreed in writing, Paylisher grants its customers a non-exclusive, non-transferable and non-sublicensable right of use limited to the term and scope of the relevant agreement.

This right of use does not mean that ownership of the software or of the related intellectual property rights is transferred to the customer.

4.2. Scope of the License

The scope of the license may be determined according to the following elements:

• The products and modules that may be used.
• The number of authorized users.
• The number of projects or applications.
• Data processing and usage limits.
• The deployment model.
• Support and maintenance services.
• The term of the agreement.
• Technical and commercial usage limits.

No right of use arises automatically for modules that have not been purchased or authorized by agreement.

4.3. License Restrictions

Without prejudice to the mandatory provisions of the legislation in force and to express written permissions, the user or customer may not:

• Reproduce or distribute the software without authorization.
• Make it available to third parties without permission.
• Attempt to exceed access and license limitations.
• Attempt to obtain the source code or technical security mechanisms without authorization.
• Use the Services for unlawful data collection or tracking purposes.
• Intentionally disrupt the operation or security of the Platform.

5. Account Creation and Access Security

Access to the Platform may be subject to the account and authentication methods determined by Paylisher or contractually agreed with the customer.

Users must:

• Provide accurate and up-to-date account information.
• Not share access credentials with unauthorized persons.
• Exercise due care in transactions carried out through their own accounts.
• Report suspicious or unauthorized access without delay.
• Act in accordance with corporate security policies.

Customers are responsible for the appropriateness of the roles and access rights they assign to their own users.

Paylisher may apply temporary access restrictions, proportionate to the risk, to accounts found to pose a security risk.

This provision does not remove Paylisher's own security obligations.

6. Customer Data and Data Ownership

The rights over the data transferred to the Platform by the customer are protected within the framework of the relevant legislation and the agreements between the parties.

The transfer of data to Paylisher does not mean that ownership of that data, or the related rights over the data, are transferred to Paylisher.

In activities where it acts as data processor, Paylisher processes customer data within the framework of the documented instructions of the relevant data controller and the contractual terms.

Paylisher's authority to access and use customer data is limited to the scope necessary for providing the relevant service and to other lawful processing purposes.

The transfer of customer data to third parties, its processing for independent purposes or its use for training artificial intelligence models may take place only where the relevant legal and contractual conditions are met.

Paylisher has no authority to sell or rent the customer data it accesses as data processor for its own independent advertising data trading activities.

7. Protection of Personal Data

In the processing of personal data, Paylisher's principle is to act in compliance with Law No. 6698 on the Protection of Personal Data and other applicable legislation.

Paylisher may act as data controller where it determines its own processing purposes and means, and as data processor where it processes personal data in line with the instructions of its customers.

Where the corporate customer is the data controller with respect to the processing of user data in its own application, it is responsible for determining the appropriate legal ground for the relevant data processing activities, fulfilling its information obligations and obtaining the necessary permissions.

Paylisher remains responsible for the security, confidentiality and contractual obligations it must fulfil in its capacity as data processor.

Details regarding the processing of personal data are set out in Paylisher's Privacy and Personal Data Protection Policy and in the relevant data processing agreements.

These Terms of Service do not, on their own, constitute explicit consent or an independent legal basis for the processing of personal data.

8. On-Premise and Other Deployment Models

Paylisher may offer its corporate customers the technical infrastructure and hosting options determined in the agreement.

8.1. On-Premise Deployment

In deployments carried out in the customer's own data center or authorized in-house infrastructure:

• The deployment environment is determined between the parties.
• The data storage and access architecture is configured according to the agreement.
• System authorizations are managed according to the agreed allocation of responsibilities.
• Technical support and maintenance access is subject to rules determined in advance.
• Network, infrastructure, backup and operation responsibilities are allocated according to the agreement.

Choosing an on-premise deployment does not automatically give Paylisher an unlimited right of access to customer data.

Likewise, an on-premise deployment does not mean that all infrastructure and application security obligations necessary for providing the service belong solely to the customer.

8.2. Other Hosting Models

Where cloud, private infrastructure or other hosting models are offered, the following matters relating to the relevant service are determined by the agreements and technical documents agreed between the parties:

• The data hosting location.
• Access conditions.
• Service provider responsibilities.
• Security controls.
• Backup and service continuity conditions.

9. Legal and Technical Obligations of the Customer

Customers are obliged to act in compliance with the legislation in force when integrating Paylisher technologies into their own systems and using them.

These obligations may in particular cover the following matters:

• Lawful collection and processing of personal data.
• Management of the necessary information notice and explicit consent processes.
• Provision of appropriate preference mechanisms for cookies and similar technologies.
• Compliance with mobile operating system and app store rules.
• Application of the legislation on commercial electronic messages.
• Secure configuration of SDK and API integrations.
• Prevention of unauthorized or unnecessary transfer of personal data.
• Appropriate masking of sensitive information.
• Management of account and access rights.

The technical tools provided by Paylisher do not, by themselves, remove the legal obligations the customer must fulfil in its capacity as data controller or message sender.

10. Session Analysis and Sensitive Data Security

Paylisher may offer session analysis and screen interaction features that are activated by the customer.

During the use of these features, the relevant data controller must ensure the appropriate legal bases and apply the necessary security measures.

In order to prevent the recording of passwords, PINs, financial account details, identity details and other sensitive data fields, appropriate masking and data minimization controls must be applied in the integrations carried out by the customer.

The existence of masking tools provided by Paylisher does not constitute an absolute guarantee that no sensitive data will be transferred as a result of incorrect configurations.

The responsibility of the parties is determined according to the cause of the event, their control over the system, the agreement and mandatory rules of law.

11. Third-Party Integrations

Paylisher may support its customers in integrating with advertising platforms, technology providers or other external systems.

The availability and scope of these integrations may depend on the technical infrastructure, access conditions and policies of the relevant third party.

In third-party systems outside Paylisher's control, situations such as the following may occur:

• API changes.
• Access restrictions.
• Technical outages.
• Changes to data sharing policies.
• Termination of the integration.

Paylisher may assess the effects of such changes on its own services within the framework of its technical and contractual means.

While the responsibilities arising from the independent activities of third-party systems belong to the relevant parties, this does not remove Paylisher's responsibilities arising from its own fault or from its contractual obligations.

12. Demo, Trial and Preview Services

Demo, pilot, proof of concept (PoC), beta or trial versions offered by Paylisher may be made available for use limited to evaluation and testing purposes, unless otherwise stated in a specific agreement.

In these services:

• The period of use may be limited.
• Modules and features may be restricted.
• Certain functions may be under development.
• Performance or availability may differ.
• The support levels provided for paid services may not apply.

Where testing is carried out with real customer or end user data, the appropriate legal bases, data security measures and contractual arrangements must be in place.

Use of the demo or test environment does not give rise to an obligation to purchase services unless separately agreed between the parties.

13. Pricing and Payment Terms

The commercial terms of Paylisher's paid products and services are determined in the relevant proposal or agreement.

These terms may include the following matters:

• License and subscription fees.
• Setup and integration fees.
• Technical support and maintenance services.
• Fees for additional users and modules.
• Usage capacity and overage fees.
• The payment schedule.
• Taxes and other financial obligations.
• Renewal, cancellation and termination conditions.

Product descriptions or promotional content published on the Site do not constitute a binding price offer unless expressly stated otherwise.

Late payments and their effect on the services are assessed within the framework of the relevant agreement and applicable legislation.

14. Intellectual Property Rights

The intellectual property rights in the Paylisher platform, its software components, SDKs, APIs, data models, algorithms, user interfaces, documentation, trademarks, logos and other original works belong to the relevant right holders.

Materials owned by Paylisher or duly licensed may be used only within the permitted scope.

Without prejudice to the mandatory provisions of the relevant legislation or to written permissions, the following are prohibited:

• Unauthorized reproduction.
• Commercial redistribution.
• Making the materials available for third-party use outside the scope of the license.
• Attempts to obtain source code without authorization.
• Use of trademarks and logos without permission.
• Unlawful circumvention of security or license mechanisms.

The rights and obligations regarding the use of open source software components are assessed within the framework of the relevant open source licenses.

The rights over data, content and materials belonging to the customer are not deemed to have been transferred to Paylisher merely because the Services are used.

15. Updating and Development of the Services

Paylisher may offer software updates, technical changes and new features in order to improve the security, performance and functionality of its services.

These changes may cover:

• Security updates.
• Bug fixes.
• Performance improvements.
• New modules and features.
• Integration adaptations.
• Deprecated functions.

In paid or contract-based services, the notification and change management provisions set out in the relevant agreement apply to changes that significantly affect the customer's basic rights of use.

Paylisher may not unilaterally remove the basic obligations it has undertaken by agreement by relying on this article alone.

16. Service Continuity, Maintenance and Support

Paylisher's principle is to take the necessary technical and operational measures, within the scope of its contractual obligations, so that the services are provided reliably and sustainably.

The Services may be temporarily affected for the following reasons:

• Planned maintenance work.
• Security updates.
• Infrastructure and network problems.
• Third-party system outages.
• Unexpected software errors.
• Unauthorized access or security incidents.

Service level commitments, the scope of support, response times, planned maintenance procedures and service credits, if any, are governed by the relevant customer agreement or Service Level Agreement (SLA).

Unless separately and expressly agreed, these Terms do not constitute a commitment to a specific uptime rate or to service credits.

The scope of the support service and the access channels may vary according to the service plan purchased or the relevant agreement.

17. Suspension of the Services

Paylisher may temporarily restrict access to the relevant Services in the following cases, provided that this is necessary and proportionate:

• The emergence of a serious and concrete threat to system security.
• Detection of unauthorized access or an account breach.
• Use of the Services for unlawful purposes.
• Damage being caused to the systems of other users or customers.
• The occurrence of grounds for suspension that are expressly set out in the relevant agreement and can be duly applied.
• Binding decisions of the competent authorities.

Except in cases of urgent security need or legal necessity, the principle is to observe contractual notification obligations and, to the extent possible, to allow an opportunity to remedy the problem.

Suspension measures are applied in proportion to the nature and effect of the breach.

18. Limits of Liability

Paylisher provides the Services within the framework of the relevant agreements, the technical documentation and applicable legislation.

Analytics, attribution, artificial intelligence and campaign measurement results may be affected by the data sources used, integrations, technical limitations and customer configurations.

Unless expressly undertaken otherwise by agreement, Paylisher does not guarantee that a specific commercial result, revenue increase, user acquisition or campaign success will be achieved.

Liability in connection with the Services is determined within the framework of the fault of the parties, their contractual obligations, the nature of the damage and the applicable law.

The liability limits agreed by the parties do not apply to liabilities that cannot be limited or excluded by law.

In particular, liabilities arising from Paylisher's intent or gross fault cannot be excluded in advance in a manner contrary to mandatory rules of law.

Liability caps and provisions regarding certain types of damage may be set out separately in the specific agreements between the parties, to the extent legally valid.

No provision of these Terms may be interpreted in a way that removes Paylisher's obligations that arise from law and cannot be waived.

19. Force Majeure

Events that occur outside the reasonable control of the parties, that are unforeseeable or whose effects cannot be prevented by reasonable measures even if foreseen, and that actually prevent the performance of the relevant obligation, may be regarded as force majeure within the framework of the applicable law and the relevant contractual provisions.

Depending on the nature of the event, examples of such situations include:

• Natural disasters.
• War and extraordinary security events.
• Binding decisions of the competent authorities.
• Serious outages affecting general infrastructure.
• Widespread and unpreventable failures of communication infrastructure.

The party relying on force majeure is obliged, to the extent practicable, to inform the other party and to take reasonable measures to mitigate the effects of the event.

Preventable technical failures or ordinary business risks are not regarded as force majeure on their own.

20. Termination of the Agreement and Data Operations

The term, renewal, termination and consequences of expiry of corporate services are determined in the relevant agreement.

Where the agreement ends:

• The relevant license and access rights are terminated in accordance with the agreement.
• The financial and legal obligations of the parties that arose before the end of the agreement remain reserved.
• The export and return of customer data are carried out by the methods and within the periods determined in the agreement.
• Data deletion, destruction and removal from backups are carried out within the scope of the relevant agreement and legislation.
• Data subject to a statutory retention obligation may be kept, limited to the required period.

Confidentiality, intellectual property and similar obligations that by their nature must continue may remain in force after the agreement has ended.

21. Confidentiality Obligation

The parties are obliged to protect the commercial, technical, financial and operational information that they learn within the scope of the service relationship and that has been declared confidential or must be regarded as confidential by its nature.

This information must not be shared with third parties, except in the cases permitted by the relevant agreements, where required by law and upon lawful requests of the competent authorities.

The confidentiality obligation may continue to apply after the end of the agreement, unless the relevant information lawfully becomes public or there is a valid arrangement to the contrary between the parties.

Confidentiality and data protection provisions relating to customer data may additionally be set out in the data processing agreement.

22. Reference and Trademark Use

Paylisher obtains the necessary permission of the relevant customer in order to use the trade names, trademarks or logos of its corporate customers as a reference.

Unless there is a different written arrangement between the parties, the mere establishment of the service relationship does not give Paylisher the right to make unlimited use of the customer's trademark in advertising or promotional activities.

Likewise, customers may use the Paylisher trademark in accordance with the relevant trademark usage rules and contractual permissions.

23. Amendment of the Terms

Paylisher may update these Terms due to changes in legislation, security needs, technological developments or changes in the scope of the services.

The updated text is published on the Site and the date of the last update is stated.

For changes that significantly affect existing contractual relationships, the notification and acceptance processes set out in the relevant agreement and applicable legislation apply.

Publication of the Terms on the Site does not mean that contractual changes which separately require acceptance between the parties enter into force automatically.

24. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Türkiye.

In resolving disputes that may arise between the parties, the relevant agreements and the provisions of applicable legislation are taken into account first.

With respect to parties and disputes for which a legally valid jurisdiction agreement can be made, and unless there is a specific agreement to the contrary, the Istanbul (Çağlayan) Courts and Enforcement Offices may be agreed as having jurisdiction.

Mandatory rules of jurisdiction and the rights of data subjects or consumers that must be protected by law are reserved.

25. Miscellaneous Provisions

25.1. Severability

The invalidity or unenforceability of any provision of these Terms does not by itself affect the validity of the other provisions.

25.2. No Waiver

The fact that Paylisher or the other party does not exercise any of its rights at a particular time does not mean that it has definitively waived that right.

25.3. Priority of Agreements

Specific agreements signed with corporate customers may contain provisions on the relevant matters that differ from these general Terms.

In that case, without prejudice to mandatory rules of law, the specific provisions expressly agreed between the parties apply with priority.

25.4. Rights of Third Parties

Unless expressly provided for or required by legislation, these Terms do not create independent contractual rights in favor of third parties.

26. Contact

For the Terms of Service, corporate services, contractual requests or general questions, the contact channels available on the Site may be used.

For notices that are subject to a specific form by law, sending them by e-mail alone may not be sufficient. For such notices, the relevant legislation and the official notification methods agreed between the parties apply.