Distance Service Agreement on Subscriptions and Credit Use

1. Parties

1.1. Service Provider

Name: CREART LLC

Address: 364 E MAIN ST STE 1001, MIDDLETOWN, DELAWARE, USA

Website: https://firevibe.ai

Email: help@firevibe.ai

Referred to in this Agreement as "Firevibe" or the "Service Provider".

1.2. Buyer

The holder of the Firevibe account to which the order is linked; the details are in clause 1.3.

Referred to in this Agreement as the "Buyer".

1.3. The Buyer is the natural person who holds the account to which the order is linked or, where the account is created on behalf of an organization, the natural or legal person acting through its authorized representative. A person acting on behalf of an organization accepts, declares and undertakes that they are authorized to represent that organization and to accept the Agreement.

1.4. The Buyer is obliged to ensure that the information they provide during registration and purchase is accurate, complete and current. In transactions by minors, the representation and consent requirements the law imposes according to the nature of the transaction are also required.

1.5. Whether the Buyer is a consumer is determined on the basis of the true nature and the purpose of use of the transaction. In consumer transactions, the mandatory provisions of the Law No. 6502 on the Protection of Consumers and the related legislation apply.

2. Subject and Scope of the Agreement

2.1. The subject of this Agreement is to set out the features, prices, terms of performance and use of the services provided under the subscription plan and/or credit pack the Buyer purchases electronically through Firevibe, and the rights and obligations of the parties.

2.2. Unless stated otherwise, the terms defined in the Firevibe User Agreement and Terms of Use have the same meaning in this Agreement. The provisions of the User Agreement laid down for the "User" apply to the Buyer to the extent relevant.

2.3. The transaction-specific Pre-Contractual Information Form and the order summary presented to the Buyer before payment are an integral part of this Agreement. The Firevibe User Agreement and Terms of Use apply to matters concerning the general use of the Services; the special provisions of this Agreement apply to the purchased subscription, credits, payment and settlement. The mandatory legislation and the consumer's statutory rights are reserved.

3. Features and Price of the Service

3.1. Under the selected plan, Firevibe provides AI-assisted software development, web project creation, editing and publishing, mobile design, mobile source code export, hosting, storage and related infrastructure functions.

3.2. The information about the purchased service is stated in the order summary shown before payment and kept with the transaction confirmation, including the following elements:

a) the selected subscription plan and/or additional credit pack;

b) the main features of the service and the project limit;

c) the payment period and the nature of the subscription;

ç) the exact amount of credits to be allocated and the time of allocation;

d) the total price including taxes and the currency;

e) the payment method, the date of charge and, where applicable, the next date of charge;

f) the method of calculating credit consumption and the related usage limits;

g) the technical requirements and compatibility information needed to use the service;

ğ) the transaction date, the order number and the version of the document accepted.

3.3. Two projects may exist in the account at the same time on the Starter plan, five on the Pro plan and ten on the Team plan. When a project is deleted, its project slot becomes free and a new project may be created within the plan limits.

3.4. No service is offered for downloading or exporting the source code of web projects. These projects are edited with the tools provided within Firevibe. Source code export is supported for mobile projects, and no separate limit applies to the number of exports. The supported formats are shown on the relevant screen. Mobile code export does not cover app stores' approval of publication or the provision of third-party services free of charge.

3.5. The service price does not provide unlimited hosting or unlimited infrastructure use. Published projects staying online depends on a paid plan that includes the publishing feature continuing.

4. Performance of the Service and Credit Use

4.1. Once payment is completed successfully, the purchased plan rights and/or additional credits are assigned to the Buyer's account. Where the allocation or access cannot be provided, the Buyer may notify Firevibe at help@firevibe.ai. The fact that the price has been collected does not by itself show that the service has been performed completely and in accordance with the agreement.

4.2. On a monthly plan, the period's credits stated in the order summary are allocated once the payment for the relevant month is completed. On a yearly plan, the price is collected in advance at the start of the period; the monthly credit amount stated in the order summary is defined anew each month throughout the paid period. One-time additional credits are added to the balance after a successful payment.

4.3. Generation and other AI operations, including in-app AI, and workspace, database, storage and related infrastructure use consume credits. Serving a published site to visitors does not consume credits; however, the database, storage and in-app AI used by visitor operations do consume credits. Credit consumption may occur through the projects' infrastructure use even when no new generation is performed. The Buyer may follow the usage records and the remaining balance through their account.

4.4. In failed generation operations, no credits are deducted beyond the part completed before the failure. Erroneous consumption records are reviewed and the errors found are corrected. The technical completion of an operation and the conformity of the generated content with the agreement are assessed separately; technical completion does not remove the rights arising from a defective service.

4.5. The monthly credits under a subscription do not carry over to the next period; at the start of each period that period's credit amount is defined anew, and it is reset to zero when the subscription ends. Separately purchased additional credits have no expiry; they are not deleted at the end of a period, no accumulation cap applies to them, and they remain in the account after the subscription ends. In credit use, the monthly credits are used first and the additional credits after them. The consequences of credits taken back under a statutory refund, corrections of erroneous allocations and lawful account termination operations are reserved.

4.6. Credit consumption and the order in which the different allocations are used may not be applied so as to create a retroactive change of value, a hidden fee or double consumption to the Buyer's detriment.

4.7. Publishing requires a paid plan that includes this feature. Running out of credit balance does not take a site offline; however, functions that require credits, such as in-app AI, do not work until balance is provided. When the plan ends, the published website stays online for seven more days with two warnings sent to the Buyer, and is then taken offline; republishing requires a plan that includes this feature. The stopping of publication because of the plan does not, by itself, cause the project or the database to be deleted.

4.8. No new period's credits are allocated when the subscription ends. The Buyer may continue editing and using the service with their remaining additional credits, to the extent the account's plan allows. When a new project is created, the project limit that will apply to the account after the subscription, explained before the purchase, applies.

5. Subscription, Pricing and Payment

5.1. The subscription is arranged as a service relationship of indefinite duration that continues until it is ended. On a monthly plan the fee is collected monthly; in a yearly payment period, the total yearly price is collected in advance. A yearly payment does not mean twelve separate monthly charges or, by itself, a minimum subscription commitment.

5.2. The recurring payment obligation, the charge period, the total price and the next date of charge are clearly shown to the Buyer before the purchase. Periodic charges are made at the accepted terms or at a price changed in accordance with the legislation.

5.3. For products offered as fixed-term subscriptions, the request and approval requirements of the relevant legislation apply to extending the term. A general automatic extension clause accepted at the first purchase is not by itself sufficient for a renewal.

5.4. Buying a one-time additional credit pack does not start a subscription, renew an existing subscription or create an authorization for automatic top-ups. Only the amount approved by the Buyer is collected.

5.5. Prices are shown including the applicable taxes. The charge is made in the currency stated in the order summary, through the Stripe payment infrastructure. Where different currencies are used in subscription and additional credit transactions, the currency and total price of each transaction are stated separately.

5.6. The card issuer's currency conversion and related fees are subject to that institution's terms. Unless Firevibe commits otherwise, no fixed exchange rate guarantee is given for these transactions. The Buyer's confidential card details are not written into the text of the Agreement or the order summary.

5.7. In plan upgrades or downgrades, the price difference to apply, the new date of charge and the effects on credit allocations and existing projects are explained before the operation is confirmed. No additional charge that has not been approved is made; existing projects are not deleted automatically on the basis of a consequence that was not communicated in advance.

5.8. Price changes do not apply to past transactions. Changes are notified to the Buyer before they take effect; the mandatory provisions of the legislation apply to changes to the consumer's detriment and to the required approvals.

6. Right of Withdrawal and Immediate Performance of the Service

6.1. A Buyer who is a consumer may, where the performance of the purchased service has not yet begun, exercise the right of withdrawal within fourteen days from the date the contract is concluded, without giving any reason and without paying any penalty.

6.2. The performance of the service that is the subject of the contract begins immediately upon the completion of the purchase, in line with the confirmation the Buyer gives on the payment screen. The Buyer requests and accepts that the service be started before the fourteen-day withdrawal period ends.

6.3. Under Article 15(1)(h) of the Regulation on Distance Contracts, the right of withdrawal may not be exercised in respect of a service that is the subject of the contract and whose performance has begun, with the Buyer's confirmation, before the withdrawal period ends. The Buyer acknowledges, declares and undertakes that they have been clearly informed of this before payment.

6.4. In respect of a service whose performance has begun under these conditions and which has been provided in accordance with the contract, the Buyer's applying within the withdrawal period, or stating that they purchased by mistake, changed their mind, do not need the service or do not like the results, does not give rise to a right of withdrawal or to a refund of the price. Apart from statutory obligations, Firevibe does not offer voluntary satisfaction refunds or unconditional refunds.

6.5. This exception to the right of withdrawal does not remove the Buyer's rights arising from a defective service or a service not provided at all, the statutory rights to terminate the subscription, or the refunds that must be made under the legislation.

7. Cancellation of the Subscription, Termination and Refund

7.1. The Buyer may submit a subscription cancellation or termination request through the subscription management within their account or by notifying help@firevibe.ai. Other notification methods that are valid under the law are reserved. No conditions more onerous than, or more difficult than, the method used to conclude the Agreement are required for termination.

7.2. A request to stop the charges for future periods and a request to end the subscription so as to produce the effect of a statutory termination are assessed separately. The Buyer's express termination request is not deemed satisfied merely by stopping the next period's charge.

7.3. In consumer subscriptions, Articles 22 to 25 of the Regulation on Subscription Contracts apply to the right of termination, the fulfilment of the request and the refund. Subject to shorter periods in the consumer's favour, the termination request is fulfilled within seven days at the latest from the date it reaches Firevibe, and the result is notified to the Buyer in writing or through a durable medium.

7.4. Within fifteen days from the date the termination takes effect, the remaining amounts that must be refunded under the legislation are refunded without deduction.

7.5. On a yearly plan, the collection of the price in advance at the start of the period does not result in credits not yet allocated or not yet used being deemed consumed service. The refund calculation is based on the price actually paid for the relevant purchase, the rights provided, the services performed and verifiable usage records. The method and reasoning of the calculation are explained to the Buyer.

7.6. The price of the same service may not be deducted twice, both as credit consumption and separately as a time-based service fee. A price distribution, deduction or calculation method not explained before the purchase may not be applied to the Buyer's detriment. Cases in which the law requires a full or a different refund amount apply first.

7.7. The credits and usage rights corresponding to the refunded amount are adjusted to prevent double benefit. The provisions on continued use apply to the credits outside the scope of the refund. Keeping credits in the account may not be substituted for a monetary refund that must be made under the law.

7.8. Unless a statutory obligation or a commitment it has separately undertaken exists, Firevibe does not offer voluntary satisfaction refunds. A service provided in accordance with the agreement merely failing to meet subjective expectations, or the Buyer changing their mind, does not by itself give rise to a right of refund unless a valid withdrawal, termination, defect or other legal ground exists.

7.9. Duplicate or erroneous charges are corrected. Credits may not be assigned unilaterally in place of a monetary refund that must be made. Advertising costs or payment processing fees may not be deducted automatically from the statutory refund amount.

7.10. Firevibe has the right, proportionately to the nature of the breach or risk, to restrict the service in part or in whole, to suspend it temporarily or to terminate the agreement unilaterally for just cause where the user materially breaches the agreement, uses the service for unlawful purposes, endangers the security of the platform or of third parties, fails to fulfil payment obligations despite notice, or where continuing the service is not possible because of legislation or a decision of a competent authority.

8. Obligations of the Buyer

8.1. The Buyer is obliged to ensure that the information they provide during the purchase is accurate and that they are authorized to transact with the payment method used.

8.2. The Buyer protects the security of their account and sign-in details, and notifies Firevibe without delay of any suspicion of unauthorized access or use.

8.3. The Buyer uses the Services within the usage limits of the plan they have chosen, the User Agreement and the applicable legislation. The Buyer may not interfere with the credit, allocation, payment or access mechanisms, and may not exceed the usage limits without permission.

8.4. The Buyer monitors their credit balance, taking into account that the projects' infrastructure use may consume credits. This obligation does not remove Firevibe's obligation to explain the usage and pricing terms and to correct erroneous consumption.

8.5. The Buyer's obligations concerning content, personal data, project security, API keys and third-party rights are subject to the Firevibe User Agreement and Terms of Use.

9. Obligations and Liability of Firevibe

9.1. Firevibe is obliged to provide the purchased services within the framework of the features and terms of use communicated before payment, to keep accurate records of credit allocation and consumption, and to correct the errors it finds.

9.2. Firevibe publishes permanently on its website the version of the Pre-Contractual Information Form and of this Agreement that the Buyer accepted, in a form the Buyer can keep and later access unchanged; which version the Buyer accepted is kept on record.

9.3. Firevibe assesses support, complaint, withdrawal, cancellation and refund notices within the framework of the relevant legislation and the provisions of the Agreement.

9.4. The statutory optional rights arising from a defective service are reserved. The possibility that AI Output contains errors does not remove Firevibe's liability for the main features of the service it has committed to.

9.5. Access restrictions applied for a breach of the agreement or a security risk do not result in the automatic cancellation of the whole credit balance or the loss of statutory refund rights. The scope and consequences of the measure are assessed within the framework of the User Agreement and the applicable legislation.

9.6. Liability arising from intent, gross negligence and mandatory legislation, and the consumer's inalienable rights, are reserved.

10. Warranty and Disclaimer

10.1. Firevibe is obliged to provide the services that are the subject of the agreement with the necessary professional and technical care, in accordance with the main features explained at the time of purchase, the selected subscription plan and the terms stated in the order summary. The statements in this clause do not remove Firevibe's obligation to perform the obligations it has undertaken in the agreement.

10.2. By the nature of AI technologies, the content, software, code and other output generated within the service may contain errors, omissions or inconsistencies. Firevibe does not undertake that every output will be entirely accurate, original or error-free, suitable for the Buyer's particular purpose, or that it will deliver a particular commercial result. However, its obligations concerning the expressly promised features of the service and its conformity with the agreement are reserved.

10.3. Before publishing or making available the projects they create, the Buyer assesses and tests, in a manner suited to the intended use, the accuracy of the content, the functions of the software, compliance with third-party rights and the security and access settings open to their control. Firevibe's obligations in respect of infrastructure components the Buyer cannot access or change are not transferred to the Buyer by this provision.

10.4. Firevibe providing a technical tool or AI output does not mean that the legal compliance of the created project has been approved, that it has passed an independent security audit, or that professional advice has been given. In areas of use requiring expertise, the necessary review and assessment must be carried out separately.

10.5. Unless expressly undertaken separately, no guarantee of result is given regarding the operation of third-party services, app stores' acceptance decisions, compatibility with external systems or the results of the Buyer's commercial activities. Firevibe's statutory and contractual liability arising from third parties it uses in providing its own service is reserved.

10.6. Applying the project, credit and access limits clearly communicated before the purchase does not by itself constitute a breach of the agreement. The rights that may arise from the erroneous application of these limits, the introduction of an undisclosed restriction or the failure to provide the committed service are reserved.

11. Indemnity and Third-Party Claims

11.1. For provable damage Firevibe suffers because of the Buyer's culpable and unlawful use, conduct in breach of the agreement, or uploading to the platform content they are not authorized to use, recourse may be had against the Buyer within the framework of the liability conditions of the relevant legislation. In determining compensation, the adequate causal link between the damage and the conduct, the fault of the parties and their contributions to the occurrence or increase of the damage are taken into account.

11.2. In respect of third-party claims, recourse against the Buyer is limited to the part legally attributable to the Buyer's liability. Damage arising from Firevibe's own fault, its infrastructure or its failure to perform its obligations may not be placed on the Buyer. This provision does not create an unlimited, strict or automatic indemnity obligation for the Buyer.

11.3. Firevibe notifies the Buyer, within a reasonable period and to the extent legally possible, of third-party claims that concern the Buyer's liability, and shares the relevant information and documents. The parties cooperate reasonably in conducting the defence and mitigating the damage. A settlement made without the Buyer's approval does not by itself mean that the Buyer has acknowledged the debt or is liable for the whole settlement amount.

12. Limitation of Liability

12.1. Firevibe's liability is determined taking into account the scope of the service it has undertaken, the breach of the obligation, the damage that has occurred and the liability conditions in the applicable legislation. Consequences arising from the Buyer's own acts, unauthorized interventions or settings under the Buyer's control are attributed to the relevant party, also assessing Firevibe's fault and contribution to the damage.

12.2. Only in transactions that are not consumer transactions, and to the extent permitted by law, Firevibe's liability for loss of profit, failure to realize expected savings, loss of business opportunity and indirect damage arising from its slight negligence is excluded. Whether a damage falls within this scope is assessed on the facts of the specific case, not merely by its name.

12.3. Only in transactions that are not consumer transactions, and to the extent permitted by law, Firevibe's total liability for compensation arising from its slight negligence is limited to the total of the subscription and additional credit fees the Buyer actually paid to Firevibe under this agreement in the twelve-month period preceding the event giving rise to liability. Where the contractual relationship has lasted less than twelve months, the fees actually paid within that period are taken as the basis. Claims arising from the same event are assessed together in applying this limit.

12.4. The disclaimer and limitation of liability provisions in this agreement do not apply to liability arising from intent or gross negligence, liability for death or bodily injury, mandatory personal data protection obligations and other liabilities that cannot be limited by law. The consumer's rights concerning defective service, withdrawal, termination, refund of the price and other inalienable rights are protected. The obligations concerning amounts that must be refunded, the correction of erroneous charges and the protection of unused credit rights may not be reduced on the grounds of the compensation cap.

13. Miscellaneous Provisions

13.1. This Agreement enters into force upon the Buyer's acceptance in the electronic environment during the purchase. Acceptance of the Agreement does not replace the personal data processing consents that must be obtained separately.

13.2. Changes to the Agreement are notified appropriately before they take effect. Purchased rights may not be reduced retroactively. For changes requiring approval, merely publishing the new text or continuing to use the service is not deemed sufficient.

13.3. Turkish law applies to this Agreement. The consumer's right to benefit from the mandatory protections of other countries' laws that must be applied is reserved.

13.4. In consumer disputes in Turkey, application may be made to the consumer arbitration committees in accordance with the monetary limits and rules of jurisdiction in force, or to the consumer courts once the necessary procedural conditions and, where applicable, mediation have been completed. A prior support request to Firevibe is not required. In disputes not of a consumer nature, the general rules of jurisdiction and venue apply.

13.5. The preferred communication channel for notices and applications is help@firevibe.ai. The written notice, application and service methods that are valid under the law are not limited by this provision.

13.6. The invalidity of any provision of the Agreement does not by itself affect the validity of the other provisions. In the event of a conflict between the documents, the mandatory legislation and, in consumer transactions, the applicable rules of interpretation in the consumer's favour are reserved.