Distance Sales Contract

Version 1.0 · 6 October 2026

This contract is concluded electronically between the parties below, under Turkish Consumer Protection Law No. 6502 (the "Law") and the Distance Contracts Regulation (the "Regulation").

1. Parties

1.1 Seller (service provider)

In this contract the seller is referred to as "Avarit.AI".

1.2 Buyer (consumer)

• The buyer is the person who places the order from an AvaritCall account and whose name, email address and billing details are shown in the order summary. In this contract the buyer is referred to as "you".
• The information about the buyer and the order appears in the order summary on the payment screen and in the confirmation email, and forms part of this contract.

1.3 Other persons

• No other person acts on behalf of or for the account of Avarit.AI. The contract is not concluded through an intermediary service provider (platform).
• Payments are processed by the payment institution iyzi Ödeme ve Elektronik Para Hizmetleri A.Ş. ("iyzico"). iyzico is not a party to this contract.

2. Definitions

• Service: AvaritCall, a software service that makes phone calls with artificial intelligence on behalf of businesses and the people who use the service.
• Panel: the AvaritCall management panel accessed through avaritcall.com. Wallet: the balance and payment page of the panel.
• Balance: the prepaid amount in US dollars (USD) added to your account and used to pay for the Service. Paid balance is balance purchased through a top-up. Welcome credit is balance granted free of charge at sign-up or through a promotion.
• Top-up: a purchase of balance. Each top-up is a separate order and a separate distance contract.
• Saved-card top-up and automatic top-up: the top-up methods defined in sections 5.2 and 5.3 of the Pre-Contractual Information Form, available when offered in the service.
• Pre-Contractual Information Form: the form with the same version number that you confirm before this contract.
• Terms of Use: the terms published at avaritcall.com/en/kullanim-kosullari.
• Durable medium: the means defined in Article 4(1)(c) of the Regulation; in this contract, in particular email.

3. Subject and scope

• 3.1 This contract sets out the rights and obligations of the parties regarding the top-up of balance to your account and the use of the balance to pay for the Service.
• 3.2 This contract applies to consumers who purchase AvaritCall for purposes outside their trade or profession. Accounts with the billing type "For myself" (individual) in the panel fall within this scope and accept this contract on the payment screen with a checkbox.
• 3.3 Purchases made with accounts with the billing type "For a business / organization" are treated as made for trade or professional purposes. Merchants, companies, sole proprietorships, self-employed professionals and other businesses are not consumers; the Law, the Regulation and the withdrawal and refund provisions of this contract do not apply to them. For business accounts, the Terms of Use and any service agreement signed by the parties apply; this contract is shown to business accounts on the payment screen for information. The statutory rights of a person who purchases with a business account for purposes outside their trade or profession are reserved.
• 3.4 The Pre-Contractual Information Form is an integral part of this contract. The rules for using the Service are in the Terms of Use.
• 3.5 For consumers, the mandatory provisions of the Law and the Regulation and this contract prevail over any conflicting provisions of the Terms of Use. In particular, the jurisdiction clause in the Terms of Use does not apply to consumers; consumer disputes are resolved under section 13.

4. Service and balance

• 4.1 AvaritCall answers inbound calls, makes outbound calls, and transcribes and summarises conversations. The Service is used through the panel and through the API.
• 4.2 The balance can only be used to pay for AvaritCall services. As you use the Service, your balance decreases by the usage fees in 5.3. There is no subscription, minimum usage or commitment.
• 4.3 Unused balance stays in your account.
• 4.4 Welcome credit is not purchased. It is spent first and is not refunded.
• 4.5 To use the Service you need an internet connection and an up-to-date web browser. For inbound and outbound calls, a phone number must be connected to your account; the ways to connect one are explained in the panel.
• 4.6 Access to the Service is protected by your account login and API keys. Apart from this, there is no technical protection measure affecting the functionality of the Service.

5. Price and usage fees

5.1 Total price of a top-up

• The price of a top-up is the net balance amount you choose plus VAT at the rate in force. On the date of this contract the VAT rate is 20%.
• The net amount, VAT and total are shown in the order summary. The total is the price, including all taxes, that you pay for the top-up.
• A single top-up must be at least 10 USD and at most 250 USD of net balance (excluding VAT), in multiples of 5 USD.

5.2 Currency and exchange rate

• Balance and unit prices are in US dollars (USD).
• Your card is charged in Turkish lira (Türkiye), euro (European countries other than Türkiye) or US dollars (other countries) according to your billing country. If the option to pay in Turkish lira with a card issued in Türkiye is available on your account, you pay in Turkish lira with that option.
• Turkish lira and euro amounts are calculated using the latest published foreign exchange selling rate of the Central Bank of the Republic of Türkiye. The rate and the amount to be charged are shown before you pay and are fixed for that payment.

5.3 Usage fees

• Unit prices are published in the Pricing section of avaritcall.com and in the panel. The unit price in force at the time of use applies.
• Call fees are calculated per second, pro rata to the per-minute rate, based on conversation time; there is no minimum charge.
• Other items priced in the panel (for example the per-call fee that depends on the length of the call script and the email and instant messaging notifications you turn on) are deducted from your balance to the extent you use them.
• Unit prices exclude VAT. Because VAT is included in the total paid at top-up, no further VAT is deducted from the balance when the Service is used.
• The fee for each call is shown in the panel.

5.4 Negative balance

• Call fees are deducted when the call ends. A call in progress is not cut off because your balance runs out; if the fee for a call exceeds your remaining balance, your balance becomes negative. While your balance is below the minimum shown in the panel, no new call starts except incoming phone calls. Incoming phone calls continue to be answered and their cost is deducted from your balance; in this case too your balance may go negative. The negative amount is deducted from your next top-up.

5.5 Price changes

• Avarit.AI may change unit prices. A change is notified in the panel and to the email address registered to your account at least 30 days before it takes effect, and applies only to usage after its effective date.
• If you do not accept a price increase, you can ask for a refund of your unused paid balance by giving notice before the effective date. The refund is made on the terms in 8.3 and 8.5, to the card used for the payment or, if that is not possible, to a bank account in your name.

5.6 Additional costs and deposits

• There are no delivery, shipping or similar additional costs. Avarit.AI charges nothing beyond the total price.
• Fees your card issuer may charge under its own tariff (for example, currency conversion fees) are not Avarit.AI's fees.
• No deposit or other financial guarantee is required.

6. Payment

6.1 Payment method

• Payment is accepted only by card, through iyzico's secure payment page. Your card number and security code never reach Avarit.AI.
• There are no instalments; payment is taken in a single charge.
• Every payment on the secure payment page, including your first payment, is verified with 3D Secure.
• Your billing details (full name or company name, email, phone, Turkish identity or tax number, and address) must be complete before you can pay. The invoice is issued on the basis of these details.

6.2 Card storage

• Storing your card is optional and requires your separate explicit consent. Accepting this contract does not mean consenting to card storage; you can pay without storing your card.
• Details are in the Card Storage Privacy Notice and Explicit Consent Text shown on the Wallet page.

6.3 Saved-card top-up (when offered)

• When this feature is offered in the service and enabled on your account, you can top up from an eligible saved credit card without 3D Secure. The amount, currency and exchange rate are shown before you confirm; when you confirm, the amount is charged to your card immediately.
• Each saved-card top-up is a separate order and is subject to this contract.

6.4 Automatic top-up (when offered)

• Automatic top-up runs only when it is offered in the service and you give an instruction. The instruction is an optional standing payment instruction given with the "Charge automatically" option: when your balance falls below the threshold you set, the net amount you set plus VAT is charged to your saved card and the net amount is added to your balance. No automatic charge is made unless you give an instruction.
• When you give the instruction, you accept the then-current version of the Pre-Contractual Information Form and this contract. This acceptance covers every automatic top-up made under the instruction. Card storage consent alone never starts an automatic charge.
• Each automatic top-up is a separate order. A confirmation email is sent to you after each charge.
• You can turn off the instruction at any time on the Wallet page. No automatic charge is made after you turn it off.
• Automatic top-up runs at most once per hour per account. The net amount of each automatic top-up cannot exceed 250 USD. The net total of top-ups charged to saved cards without 3D Secure in the last 24 hours cannot exceed the daily card charge limit you set on the Wallet page (default 500 USD).
• Automatic top-up first tries the card in its setting. If that card cannot be charged for a definitive reason, the same amount is charged once, in the same top-up, to the card you marked as backup, if that card is also eligible. When the outcome of a charge is uncertain, the backup card is not used. If the bank reports the card lost, stolen or blocked for suspected fraud, the backup card is not charged and automatic top-up turns off. The definitive reasons and other details are in section 5 of the Card Storage Privacy Notice.
• If a new version of the Pre-Contractual Information Form or this contract is published, no automatic top-up charge is made until you accept the new version on the Wallet page; you are told this by email.

6.5 API key and MCP connection

• When saved-card top-up and automatic top-up are offered, to start them with an API key of your account or an MCP connection, you must first have accepted the current version of the Pre-Contractual Information Form and this contract, and confirmed your request for immediate performance, in the panel.
• Instructions given in these ways count as given on behalf of your account.

7. Conclusion and performance of the contract

• 7.1 The Pre-Contractual Information Form and this contract are shown on the payment screen as links next to the confirmation box and before the payment button. By ticking the single confirmation box, you confirm that you have read the form, accept this contract and request immediate performance. No contract is concluded unless the pre-contractual information has been confirmed.
• 7.2 Immediately before you confirm the order, you are clearly shown that the order creates an obligation to pay and the total that will be charged to your card.
• 7.3 The contract is concluded when iyzico confirms your payment. For automatic top-up, each top-up contract is concluded when the relevant charge is confirmed. If the payment is not completed, no contract is concluded.
• 7.4 The balance is added to your account when the payment is confirmed and can be used immediately. The top-up is performed electronically at that moment. The Service itself is performed electronically as you use the balance. There is no physical delivery and no delivery restriction.
• 7.5 If your payment is confirmed but the balance is not added, you may terminate the contract. The amount you paid is refunded with statutory interest no later than 14 days after your termination notice reaches Avarit.AI.
• 7.6 If performance of the Service becomes impossible, Avarit.AI notifies you in writing or by email within three days of learning of it and refunds your unused paid balance no later than 14 days from the notification.
• 7.7 A confirmation email is sent to you without delay after your payment is confirmed. It contains the order summary, the full text of the versions of the Pre-Contractual Information Form and this contract you accepted, how to withdraw and obtain a refund, and contact details. For automatic top-up, this email is sent after each charge.

8. Right of withdrawal

8.1 Right of withdrawal for unused balance

• For each top-up (including saved-card and automatic top-ups when offered), you may withdraw from the contract within 14 days, without giving any reason and without paying any penalty, by asking for a refund of the unused balance remaining from that top-up.
• The withdrawal period is 14 days from the day of the top-up. The day of the top-up is not counted in these 14 days; the period ends at the end of the 14th day. For example, for a top-up made on 1 November, the last day is 15 November.
• It is enough to send your notice to Avarit.AI before the period ends.

8.2 No right of withdrawal for used balance

• The Service is performed electronically and instantly as you use the balance. When placing the order (for automatic top-up, when giving the instruction), you expressly request that the balance be made available and that performance of the Service begin immediately, before the withdrawal period ends, and you acknowledge that you lose your right of withdrawal for the part of the balance you use.
• Therefore you have no right of withdrawal for the part of the balance you use (Regulation Art. 15(1)(h) and Art. 15(1)(ğ)). You lose your right of withdrawal to the extent that you use the balance.
• Using the option provided by Article 15(1) of the Regulation, the parties agree that the right of withdrawal for unused balance continues as set out in 8.1.

8.3 Refund amount

• Usage is treated as deducted first from welcome credit, then from paid balance in the order of top-ups (oldest top-up first).
• The unused balance remaining from a top-up is determined when your withdrawal notice reaches Avarit.AI. That balance is removed from your account for the refund; usage after your notice does not change the refund amount.
• The refund amount is the total you paid for that top-up (including VAT) multiplied by the ratio of the unused net balance to the net balance topped up. The refund is made in the currency of the payment; no exchange rate difference is applied.

8.4 Withdrawal notice

• Send your withdrawal notice to info@avaritai.com by email (preferably from the email address registered to your account), through the support channel in the panel or in writing to the address in 1.1.
• You may use the withdrawal form attached to this contract or send any other statement clearly setting out your decision to withdraw. It is enough to state which top-up you are withdrawing from (order number or top-up date).
• Avarit.AI confirms to you by email that your notice has reached it.
• Because this is a service, there are no goods to return and no carrier designated for returns.

8.5 How the refund is made

• Avarit.AI makes the refund no later than 14 days after your withdrawal notice reaches it, to the card used for the payment, through iyzico and in a single transaction. No costs or deductions are made from the refund.
• Your card issuer adds the refund to your card's available limit in a single transaction once it receives it.
• If you have an automatic top-up instruction, it is turned off when your withdrawal notice reaches Avarit.AI, so that the refunded balance is not topped up again. You can give it again if you wish.

8.6 After the period ends

• After the withdrawal period ends, your unused balance remains in your account.

9. Performance free of defects

• 9.1 Avarit.AI must perform the Service in accordance with this contract and the characteristics stated in the Pre-Contractual Information Form. Avarit.AI bears the burden of proving that a service performed electronically is free of defects.
• 9.2 If the Service is performed defectively, you may exercise your rights of choice under Article 15 of the Law (having the service performed again, free repair of any work resulting from the service, a price reduction proportionate to the defect, or withdrawal from the contract) together with your right to compensation. Your other statutory rights are reserved.

10. Other obligations of the parties

• 10.1 You agree to give accurate order and billing details, to be the holder of the card you use for payment or authorised to use it, to protect your account login details and API keys, and to use the Service in line with the acceptable use rules in the Terms of Use.
• 10.2 Avarit.AI keeps the information and documents on each transaction relating to its obligations on information, the right of withdrawal, performance and other matters under this contract and the Regulation for at least three years, and keeps payment records for the period required by law.

11. Term and termination

• 11.1 Each top-up contract is performed when the balance is added to your account. The provisions on using the balance apply until the balance is used or your account is closed. There is no minimum term and no commitment.
• 11.2 You can turn off automatic top-up at any time and close your account whenever you wish. After your account is closed, no charges are made to your cards.
• 11.3 When closing your account, you can ask for a refund of your unused paid balance. The refund is made no later than 14 days after your request reaches us, on the terms in 8.3, to the card used for the payment or, if that is not possible, to a bank account in your name. Welcome credit is not refunded.

12. Notices

• Notices to Avarit.AI are sent to the email, address or phone in 1.1.
• Avarit.AI sends notices to you at the email address registered to your account and through the panel. Email is a durable medium.

13. Dispute resolution and governing law

• 13.1 This contract is governed by Turkish law. If your habitual residence is in another country, the mandatory protection that the law of that country gives you is reserved.
• 13.2 For disputes below the monetary threshold announced each year by the Ministry of Trade, you must apply to the consumer arbitration committee where you live or where the consumer transaction took place.
• 13.3 For disputes above that threshold, you may apply to the consumer court. Before filing a lawsuit, you must apply to a mediator (Law Art. 73/A). You may also file the lawsuit at the consumer court where you live.

14. Entry into force, version and language

• 14.1 This contract is accepted electronically on the payment screen and is concluded at the moment stated in 7.3.
• 14.2 Each order is subject to the version you accepted for that order. A new version applies only to orders you place after accepting it.
• 14.3 The date and time of your confirmation, together with the version and digest of the documents you accepted, are recorded in your order record. You can request a copy of these records from info@avaritai.com.
• 14.4 This contract is offered in Turkish and English; the two texts have the same content. Your acceptance applies to the text in the language you read on the payment screen. If the texts differ, the meaning more favourable to you prevails.

Annex: Withdrawal Form

(Complete and send this form only if you wish to withdraw from the contract.)

• To: Avarit.AI — Göktuğ Kocauşu (sole proprietorship), Ferhatpaşa Mah. Öğretmen Şehabettin Akalın Sk. Selvi Apt. No: 10 İç Kapı No: 13, Çatalca / İstanbul, Türkiye · Email: info@avaritai.com
• I hereby give notice that I withdraw from the contract for the provision of the following service.
• Order (top-up) date and order number:
• Service subject to withdrawal: AvaritCall balance top-up (unused balance)
• Price of the service subject to withdrawal:
• Consumer's name and surname:
• Consumer's address:
• Email address registered to the AvaritCall account:
• Consumer's signature (only if sent on paper):
• Date: