Service Agreement

1. Parties

1.1.Service provider (“Milofly” in this agreement):

Registered business name: Alper Baydeniz
Business type: Sole proprietorship
Brand: Milofly
Address: Cevizli Mah. Zuhal Cad. A Blok No: 46 İç Kapı No: 50, 34846 Maltepe / İstanbul
Tax office / number: Kartal / 1520497443
Email: destek@milofly.com
Phone: +90 542 344 64 31
Website: milofly.com
Store admin: app.milofly.com

1.2.Buyer: the natural or legal person who opens an account in the Milofly store admin and buys the subscription. The Buyer's name, address and contact details are those given when opening the account and at payment.

2. Definitions

Service: making the Milofly ecommerce platform available by subscription, with the functions described on the Features page of this website.
Admin: the management screen through which the Buyer uses the service (app.milofly.com).
Store: the online store the Buyer sets up through the admin and uses to sell to its own customers.
Subscription period: a one-year (12-month) period of use, paid for at the start of the period. There is no monthly subscription option.
Third-party services: services of companies other than Milofly, such as payment providers, carriers, marketplaces, Google, Meta and apps in the app store.

3. Subject of the agreement

The subject of this agreement is to set out the rights and obligations of the parties regarding the provision of the service the Buyer buys online and the payment of its price. Where the Buyer is a consumer, Consumer Protection Law No. 6502 and the Distance Contracts Regulation also apply.

4. Scope of the service

4.1.The service is offered in Starter, Professional and Enterprise plans. The content of the chosen plan is the functions listed in the comparison table on the Pricing page and on the Features page on the date the agreement is made.

4.2.Third-party services are not services provided by Milofly. To use them, the Buyer must make its own contract with the company concerned, and the fees and terms of those services are subject to that contract. Milofly provides the software that connects the Buyer's account to the store.

4.3.Marketing email sending and the AI features (Milo and AI writing) are provided with a monthly usage amount included in the plan. The monthly amounts in the Buyer's plan, its usage in the current month and the prices of extra usage packs are shown on the Billing screen in the admin. The monthly amount renews at the start of each calendar month; any unused part does not carry over to the next month. When the amount is used up, marketing emails sent through Milofly's sending service and AI usage may be paused until the end of the month unless an extra usage pack is bought. An extra usage pack is bought separately, with its price shown at checkout, and is used in the calendar month it is bought. Emails the Buyer sends through its own connected email sending account do not count towards this amount. Transactional emails such as order, shipping and return emails keep being sent even when the amount is used up.

5. Price and payment

5.1.The subscription price is per store, per year, and is set in US dollars. On the Starter plan it is $299 every year; on the Professional plan $299 for the first subscription year and $1,599 in later years; on the Enterprise plan $299 for the first subscription year and $2,399 in later years. The service is only offered for yearly periods; there is no monthly payment option.

5.2.Businesses in Türkiye pay 20% VAT; businesses based in other countries pay no Turkish VAT and are invoiced without it. For example, the VAT on a price of $299 is $59.80, making $358.80 including VAT. The total amount payable is shown at checkout.

5.3.Payment is collected in the currency and for the amount shown at checkout; the Buyer sees this amount, together with the total including VAT, before confirming the payment. Where the price set in US dollars is collected in Turkish lira, the lira amount is calculated at the Central Bank of the Republic of Türkiye (TCMB) US dollar selling rate valid on the payment day. Once the payment is confirmed, no extra amount is charged and no refund is made because of later exchange rate changes.

5.4.Payment is made by card through the admin, in one payment or in the instalments the card offers. Card payments are taken through a payment institution. For instalments, the total including any instalment charge is shown at checkout.

5.5.The yearly subscription price is paid at the start of the period. The subscription does not renew by itself and no automatic card charge is made; it is renewed by paying for the new period in the admin. The renewal price is the plan's list price on the day of renewal. If a subscription period ends and the price is not paid, the store's storefront stays open for 30 more days and orders keep being processed. During this time the admin is closed for editing, and only choosing a plan and paying are possible; work that creates extra cost, such as product feeds and marketplace syncs, stops. At the end of this time the storefront shows as “temporarily closed”. Store data is not deleted; once the price is paid, the store reopens exactly as it was.

5.6.Invoice: the invoice for the subscription price is issued in line with tax law within 7 days of the day the payment is confirmed, based on the invoice details the Buyer has saved in the admin, and is sent to the Buyer's registered email address.

5.7.Plan changes: if the store moves to a higher plan within its first 12 paid months, the first-year price still applies and no difference is charged. After that, when moving to a higher plan, the part of the current period's price that covers the remaining time is deducted from the new plan's price and the Buyer pays only the difference. Moving to a lower plan takes effect at renewal at the end of the period; the price already paid for that period is not refunded.

6. Performance of the service

6.1.The service involves no physical delivery.

6.2.When the account is opened, the store admin and the store on its subdomain are available for use immediately. Before a paid subscription starts, the account can be used free of charge with the functions of the Starter plan; Milofly may change the length and scope of this free use by announcing it in advance.

6.3.The yearly subscription starts on the day the payment is confirmed.

7. Subscription term and termination

7.1.The subscription runs for one year from the date the payment is confirmed. It does not renew automatically; if it is not renewed under 5.5 at the end of the period, it ends.

7.2.Because the subscription does not renew by itself, the Buyer does not need to give notice of cancellation: if the renewal payment is not made at the end of the period, the subscription ends. If the Buyer wants to end the subscription before the period ends, it gives written notice to one of the contact addresses in section 1; unless the notice says otherwise, the service can be used until the end of the period and the price paid for that period is not refunded. The consumer's statutory rights are reserved.

7.3.When the subscription ends, store data is not deleted; once the price is paid again, the store reopens exactly as it was. During the subscription, the Buyer can download its product, stock and price lists from the admin as Excel files. All of the store's data, including data that cannot be downloaded from the admin (such as orders and the customer list), is handed over in a widely used file format within 30 days of the Buyer's written request. The Buyer may also ask in writing for its store and data to be deleted; deletion is carried out within 30 days of the request and the Buyer is notified. Records that must be kept by law (such as invoice and payment records) are kept for the legal period.

7.4.Milofly may terminate the agreement by written notice if the Buyer uses the service contrary to 9.4. If Milofly ends the service before the end of the period for a reason other than the Buyer's breach of the agreement, it refunds the price of the remaining full months.

8. Right of withdrawal

8.1.Where the Buyer is a consumer, the right of withdrawal is exercised under Law No. 6502 and the Distance Contracts Regulation.

8.2.The service is performed electronically and instantly, and its performance starts the moment the payment is confirmed. By approving this agreement at checkout, the Buyer declares that it asks for and accepts the performance of the service starting immediately, before the withdrawal period ends. For this reason, under Article 15(1)(ğ) and (h) of the Distance Contracts Regulation, a consumer Buyer cannot use the right of withdrawal for the subscription price it has paid. The cases in which fees are refunded are set out on the Cancellation, Refunds and Performance of the Service page.

8.3.Where the right of withdrawal can be used, notice of withdrawal is given in writing or on a durable medium to one of the contact addresses in this agreement; the model withdrawal form annexed to the Distance Contracts Regulation may also be used.

9. Buyer's obligations

9.1.The Buyer is responsible for keeping its account details confidential and for the actions of the people it authorises in the admin.

9.2.The Buyer is responsible for the products and services it sells in its store, the content it publishes and its obligations towards its own customers. The Buyer is the seller in the store; Milofly is not a party to the sales contracts the Buyer makes with its customers.

9.3.The Buyer is the data controller for the personal data it processes through its store; informing its own customers and obtaining the necessary consents is the Buyer's obligation. Milofly acts as a data processor on the Buyer's behalf for this data.

9.4.The Buyer may not use the service for unlawful purposes.

10. Milofly's obligations

10.1.Milofly provides the service as described in this agreement and on the Features page on the date the agreement is made. Functions that require third-party services, such as payments, shipping and marketplaces, depend on that company's account, contract and access terms.

10.2.Milofly announces planned maintenance in the admin in advance wherever possible.

10.3.Milofly takes the technical and organisational measures needed to keep personal data secure.

10.4.Milofly takes reasonable care to keep the service running without interruption and securely, and backs up store data regularly; it does not commit to a specific availability (uptime) rate.

11. Intellectual property

The rights to the Milofly software, brand, logo and mascot Milo belong to Milofly. The rights to the content, images and data the Buyer uploads to its store remain with the Buyer.

12. Personal data

The parties process personal data in line with Personal Data Protection Law No. 6698. Milofly's information notice: KVKK Information Notice. Details: Privacy Policy.

13. Limitation of liability

Milofly performs its obligations under this agreement with due care. Except in cases of intent or gross negligence and for liability that cannot be limited by law, Milofly's total liability under this agreement is limited to the subscription fees the Buyer paid to Milofly in the 12 months before the event that caused the damage. Milofly is not liable for indirect damage such as loss of profit or loss of use of data, or for damage caused by interruptions or errors of third-party services (payment providers, carriers, marketplaces, Google, Meta and the like). Where the Buyer is a consumer, this section applies only to the extent it does not conflict with the mandatory provisions of Law No. 6502.

14. Resolution of disputes

14.1.Where the Buyer is a consumer, it may apply to the consumer arbitration committee where it lives or where the transaction took place, within the monetary limits set each year by the Ministry of Trade, and to the consumer courts for disputes above those limits.

14.2.Where the Buyer is a merchant, the Istanbul Anatolian (İstanbul Anadolu) Courts and Enforcement Offices have jurisdiction over disputes arising from this agreement.

15. Entry into force

The Buyer accepts this agreement by approving it electronically at checkout. The agreement enters into force at the moment of approval. Milofly keeps the approved text together with its version number and the moment of approval. The Buyer may ask for a copy of the agreement and pre-contract information form it approved through the contact addresses in section 1; the copy is sent to the Buyer's registered email address within 7 days of the request.