Distance Sales Agreement (Mesafeli Satış Sözleşmesi) between SmartIO Bilişim Sistemleri San. ve Tic. Ltd. Şti. (the Seller) and the buyer (the Buyer) for the Browsonic software-as-a-service subscription, concluded at a distance through browsonic.com under Turkish Law No. 6502 on Consumer Protection and the Distance Contracts Regulation.
1. Parties
1.1 Seller
SMARTIO BİLİŞİM SİSTEMLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Balcalı Mah. Güney Kampüs/5 Sk., Teknokent No:4, İç Kapı No:108, Sarıçam / Adana, Türkiye
Office: +90 322 911 0941 · Call Center: 0850 308 8824
Email: browsonic-billing@smartiobilisim.com
Mersis No: 0772138018200001
1.2 Buyer
The natural person or legal entity that creates an account on browsonic.com and completes the purchase of a Browsonic subscription. The Buyer's name, email, billing address and (where applicable) tax / VKN / TCKN identification are those provided at checkout and recorded in the order confirmation email.
2. Subject of the Agreement
The subject of this Agreement is the sale of a subscription to the Browsonic service — a digital, web-based software-as-a-service (SaaS) product for application error and event monitoring, delivered electronically — together with the rights and obligations of the Parties set out in the Distance Contracts Regulation and Law No. 6502 on Consumer Protection.
3. Product / Service Information
- Service: Browsonic SaaS subscription (selected plan: Free, Pro, Team or Enterprise as displayed on the pricing page).
- Description: a hosted application that captures, stores and visualises runtime errors, unhandled rejections, network failures and related telemetry sent from the Buyer's applications via the Browsonic SDK.
- Term: billed monthly or annually as selected by the Buyer at checkout. Subscriptions automatically renew at the end of each billing cycle unless cancelled at least one (1) day before the renewal date.
- Quotas: included event volume, retention window and seat count are those of the plan selected at checkout and shown on the order summary.
4. Price, Taxes and Payment
- Total price: the price displayed on the checkout page at the time of order, including all applicable taxes (KDV / VAT) as required by Turkish law and the Buyer's jurisdiction. The exact amount charged appears on the order confirmation email.
- Currency: as displayed at checkout (TRY, USD or EUR, depending on the Buyer's selection).
- No shipping cost: because the Service is delivered electronically there is no shipping, packaging or handling fee.
- Payment method: credit or debit card (Visa, MasterCard, Troy, American Express), processed by our third-party payment processor iyzico Ödeme Hizmetleri A.Ş. No payment card data is stored on Browsonic infrastructure.
- Renewals: on each renewal date the Buyer's registered payment method is automatically charged for the upcoming billing cycle.
5. Delivery
- How: immediately and automatically upon successful payment, the selected plan is activated on the Buyer's account and a confirmation email is sent to the billing address.
- Delivery time: instantaneous; if activation has not occurred within thirty (30) minutes the Buyer may contact browsonic-support@smartiobilisim.com.
- Maximum delivery period: the Service will in any case be made available no later than thirty (30) days from the order date. If we are unable to do so, we will inform the Buyer and refund the price in full within fourteen (14) days.
- What the Buyer needs: a current web browser and a working internet connection.
Full details are set out in our Delivery & Return Policy.
6. Right of Withdrawal
Under Article 15 of the Turkish Distance Contracts Regulation, the right of withdrawal does not apply to:
- services that have been performed with the consumer's explicit prior consent and the consumer's acknowledgement that the right of withdrawal will be lost once performance begins; and
- digital content that is not supplied on a tangible medium where performance has begun with the consumer's explicit prior consent and acknowledgement that the right of withdrawal will be lost.
By completing checkout the Buyer expressly consents to immediate performance of the Service and acknowledges that the statutory 14-day right of withdrawal is lost once the subscription is activated.
Despite this, SmartIO voluntarily offers a satisfaction window — 14 days for the first paid month of a monthly plan, 30 days for a new annual plan — as detailed in our Refund Policy.
7. Buyer's Obligations
- to provide accurate, current and complete information at sign-up and at checkout;
- to safeguard account credentials and to notify SmartIO without undue delay of any suspected unauthorised access;
- to use the Service in accordance with the Terms of Service, applicable law and any usage limits of the selected plan;
- to pay the price and any applicable taxes for the selected plan in a timely manner.
8. Seller's Obligations
- to deliver the Service in accordance with Section 5 of this Agreement;
- to provide the features described for the selected plan in a professional manner and with reasonable care;
- to process personal data in accordance with our Privacy Policy and Law No. 6698 on the Protection of Personal Data (KVKK);
- to issue invoices in accordance with Turkish tax legislation.
9. Cancellation and Termination
The Buyer may cancel the subscription at any time from account settings on browsonic.com. Cancellation takes effect at the end of the then-current billing cycle; paid access continues until that date.
The Seller may suspend or terminate the account in the cases set out in Section 13 of the Terms of Service, including material breach, prolonged non-payment, or where required by law.
10. Defects and Refunds
If the Service has a material defect that cannot be resolved within a reasonable time and that prevents the Buyer from using the features paid for, the Buyer may request a refund for the affected portion of the subscription. Refund eligibility, windows and the calculation of pro-rata refunds are set out in the Refund Policy, which forms part of this Agreement.
11. Personal Data
Personal data collected in connection with this Agreement is processed in accordance with our Privacy Policy, KVKK (Law No. 6698) and, where applicable, the EU General Data Protection Regulation. The Buyer is the data controller of any personal data its end users submit through the Browsonic SDK; SmartIO acts as data processor for such data.
12. Force Majeure
Neither Party will be liable for any failure or delay in performing its obligations under this Agreement caused by an event beyond its reasonable control, including natural disasters, strikes, internet or hosting outages, governmental action, pandemics or war.
13. Records and Evidence
In the resolution of any dispute arising out of this Agreement, the books, records, electronic logs, payment-processor records and server-side data of SmartIO will constitute conclusive evidence in accordance with Article 193 of the Code of Civil Procedure (HMK).
14. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the Republic of Türkiye. Disputes that cannot be resolved with us directly may be referred — depending on the value of the claim — to the Buyer's local Tüketici Hakem Heyeti (Consumer Arbitration Committee) or Tüketici Mahkemesi (Consumer Court), in accordance with Law No. 6502 and the annually-updated monetary thresholds published by the Ministry of Trade. For non-consumer disputes, the Adana Courts and Enforcement Offices of the Republic of Türkiye have jurisdiction.
15. Conclusion of the Agreement
The Buyer is deemed to have read this Agreement and to accept all of its terms by ticking the consent box on the checkout page and clicking the order-confirmation button. A copy of this Agreement, together with the order summary, is sent to the Buyer's billing email address at the time the order is placed and remains available at all times on this page.
16. Contact
SMARTIO BİLİŞİM SİSTEMLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Balcalı Mah. Güney Kampüs/5 Sk., Teknokent No:4, İç Kapı No:108, Sarıçam / Adana, Türkiye
Office: +90 322 911 0941 · Call Center: 0850 308 8824
Email: browsonic-billing@smartiobilisim.com
Mersis No: 0772138018200001