TESTOMATIK.COM
DISTANCE SERVICE AND DIGITAL CONTENT SALES AGREEMENT

PARTIES

1.1. The Company

Ayhan KURT Lone Wolf Techs Web AI Solutions
(hereinafter referred to as the "Company").

E-mail: [[email protected]]
Tax / MERSIS No.: 5940353314
Camiatik Mah. Gercem Sok. No:9/3 Malkara/Tekirdag, Turkiye
Tel: 0532 393 27 25

1.2. The User

The natural or legal person who creates a membership via the testomatik.com platform and/or purchases the AI-Powered Question Generation Service electronically (in short, the "User").

Within the scope of the service, the information provided during registration is taken as the basis. Where invoicing is required by law, the necessary information may be requested separately.

SUBJECT OF THE AGREEMENT

The subject of this Agreement is to determine the rights and obligations of the parties regarding the User's electronic purchase of the AI-Powered Question Generation Service offered via the testomatik.com platform.

This Agreement is applied as a whole together with;

the Membership and Terms of Use Agreement

the Copyright and Intellectual Property Policy

the User Copyright Declaration

the KVKK Privacy Notice.

The User acknowledges having approved the Pre-Contractual Information Form presented before payment electronically.

DESCRIPTION, NATURE, AND FEE OF THE SERVICE

3.1. Description of the Service

The service covers the automatic generation of questions through artificial intelligence systems based on the content the User uploads to the Platform.

The generated content may consist of multiple-choice questions, open-ended questions, visual questions, and similar educational outputs.

3.2. Nature of the Service

The service is digital content in nature. No physical delivery is involved.

Upon completion of the payment, the service is performed immediately and the generated content is made available to the User instantly.

The content uploaded to the Platform by the User is not stored permanently in the Company's database. Backing up the content is the User's responsibility.

3.3. Service Fee and Method of Payment

The service fee is clearly stated on the Platform before the order is confirmed.

Payment is collected through a secure payment infrastructure by means of:

Credit card,

Debit card,

or other electronic payment methods specified on the Platform.

Payment may be processed through payment institutions authorized on behalf of the Company.

The service is not initiated until the payment is completed.

In the event that the payment is cancelled or withdrawn by the bank or payment institution, the Company is under no obligation to perform the service.

An electronic invoice is issued following the payment.

RIGHTS AND OBLIGATIONS OF THE USER

4.1. The User acknowledges having read the agreements and the characteristics of the service before purchasing it, and having approved them electronically.

4.2. The User declares that the content they upload to the Platform is lawful and that they hold the necessary copyrights.

4.3. The User acknowledges that the service is generated automatically by artificial intelligence and is not subject to editorial review.

4.4. The User is obliged to provide the technical infrastructure necessary to benefit from the service.

PERFORMANCE OF THE SERVICE AND WITHDRAWAL TERMS

5.1. The service provided is a digital service that is performed instantly in the electronic environment.

5.2. By completing the payment, the User acknowledges having given explicit consent to the immediate commencement of the service.

5.3. Once the performance of the service has begun, the right of withdrawal cannot be exercised pursuant to the provisions of Article 15/1-(g) of the Regulation on Distance Contracts.

REFUND TERMS

6.1. As a rule, the service fee is non-refundable.

6.2. However, a refund request may be evaluated in the presence of the following technical situations:

Inability to access the content due to a system malfunction,

The generation not being technically completed,

The output being incomplete or corrupted due to a system error,

A clear and verifiable technical infrastructure error.

6.3. Dissatisfaction with the content, differences in pedagogical preference, or subjective dissatisfaction are not grounds for refund.

6.4. Notification of a technical error must be made within 3 (three) days of the date of generation.

LICENSE AND COMMERCIAL USE RESTRICTION

7.1. The User is granted only a limited, non-transferable, non-sublicensable, and non-exclusive individual-use license over the content generated by the Company.

7.2. This license covers only the User's own personal use.

7.3. Unless a separate written commercial use agreement is concluded with the Company, the User may not;

sell the generated content for a fee,

include it in printed or digital publications,

use it within a practice exam, question bank, or educational set,

offer it within corporate training packages,

upload it to LMS systems for commercial purposes,

transfer or license the content to third parties,

offer it within paid membership systems,

create a database from the content,

use the content as a data set,

process it for the purpose of training an artificial intelligence model,

use it for the purpose of developing a competing service.

7.4. In the event of acting contrary to this article, the User is obliged to indemnify the direct damages the Company incurs within the framework of general provisions.

RIGHTS AND OBLIGATIONS OF THE COMPANY

8.1. The Company provides the service within the framework of its technical infrastructure.

8.2. The Company may receive support from third-party artificial intelligence service providers.

8.3. The Company is not liable for disruptions arising from third-party service interruptions.

PROTECTION OF PERSONAL DATA

The Company processes the User's personal data within the framework of Law No. 6698 and the relevant legislation.

Detailed information is available in the KVKK Privacy Notice found on the Platform.

LIMITATION OF LIABILITY

The service is provided "as is".

The Company's total liability is limited to the fee paid by the User for the service subject to the dispute.

Indirect damages, loss of profit, loss of data, and damages arising from third-party claims are excluded.

DISPUTE RESOLUTION AND COMPETENT COURT

In the application of this contract and in any disputes that may arise, the provisions of the Consumer Protection Law No. 6502 shall prevail.
Within the monetary limits announced each December by the Ministry of Trade, the Consumer Arbitration Committees of the place where the User (Consumer) purchased the service or where they reside shall have jurisdiction; for disputes exceeding these limits, the Consumer Courts shall have jurisdiction.

EFFECTIVENESS

This Agreement takes effect upon electronic approval and completion of the payment.