Distance Sales Contract
Last Update: October 18, 2026
ARTICLE 1 – PARTIES
1.1. SERVICE PROVIDER
Trade Name: Flexpay Finansal Yazılım Teknolojileri Anonim Şirketi
Brand: XtraCRM
Website: https://www.xtracrm.com
Address: Adalet Mahallesi Manas Blv Folkart Towers A Kule No 47/B D: 3406 / Bayraklı - İzmir / TÜRKİYE
Tax Office / Tax Number: Karşıyaka - 3881911254
Email: [email protected]
Hereinafter referred to as “XtraCRM” or “SERVICE PROVIDER” respectively.
1.2. BUYER
The natural or legal person who creates an account through the XtraCRM website or application and purchases a paid service.
The name, surname or trade name, address, contact details, and billing information belonging to the BUYER consist of the information declared electronically at the time of purchase.
Hereinafter "BUYER" will be referred to as.
SERVICE PROVIDER and BUYER together will be referred to as "PARTIES". will be referred to as.
ARTICLE 2 – SUBJECT OF THE AGREEMENT
This agreement regulates the rights and obligations of the parties regarding the provision of software subscriptions, user licenses, storage services, artificial intelligence credits, and other digital services electronically purchased by the BUYER through XtraCRM.
XtraCRM is a cloud-based customer relationship management and business process management software accessible via the internet.
The right to use the software is limited to the scope and duration of the subscription package purchased by the BUYER.
This agreement does not imply that the source code, intellectual property rights, or ownership of the software are transferred to the BUYER.
ARTICLE 3 – SERVICES SUBJECT TO THE AGREEMENT
Paid services offered by XtraCRM may include the following:
Monthly and annual software subscriptions.
Additional user licenses.
Extra data storage spaces.
Artificial intelligence usage credits.
Optional modules and advanced features.
API access and integration services.
Other paid digital services.
The scope of services, usage limits, subscription duration, and fees are specified on the purchase screen.
The BUYER can only benefit from the features and usage rights included in the package they purchased.
XtraCRM may make changes to features as part of software development and updates. However, these changes cannot be applied in a way that unjustly eliminates the essential nature of the service purchased by the BUYER or their rights arising from the agreement during the current subscription period.
ARTICLE 4 – FORMATION OF THE CONTRACT
This contract is established when the BUYER approves the contract electronically during the purchase process and the order is accepted by the SERVICE PROVIDER.
Before completing the purchase, the BUYER;
Acknowledges having the opportunity to review the basic features of the service purchased,
The subscription period and renewal conditions,
The total payment amount and applicable taxes,
Usage limits,
Cancellation and refund conditions,
Applicable right of withdrawal conditions,
and accepts that they have the opportunity to examine these.
Mandatory preliminary information and approval processes required by consumer transaction legislation are also applied.
Approvals given electronically, transaction records, and related documents may be stored within the framework of applicable legislation.
ARTICLE 5 – SERVICE FEE AND PAYMENT TERMS
5.1. The service fee is determined according to the package, subscription period, and additional services selected by the BUYER at the time of purchase.
5.2. Current prices and applicable taxes are shown to the BUYER before completing the payment process.
5.3. Payments are made through payment methods supported by XtraCRM and authorized payment service providers.
5.4. The BUYER is responsible for ensuring that the information used in payment transactions is accurate and up to date.
5.5. Subscriptions are billed monthly or annually according to the conditions specified at the time of purchase.
5.6. In subscriptions where the automatic renewal option is explicitly accepted, the subscription may be renewed at the end of the subscription period. Renewal fees and collection conditions are explained at the time of purchase.
5.7. Price changes applicable during the renewal period will be notified to the BUYER in advance and in accordance with applicable legislation.
5.8. In case of payment failure, the SERVICE PROVIDER may notify the BUYER and temporarily restrict access to the service. Legal rights and contractual obligations are reserved.
5.9. Invoices are prepared in accordance with applicable tax legislation.
ARTICLE 6 – PROVISION AND DELIVERY OF THE SERVICE
6.1. XtraCRM is a software service provided electronically. No physical product delivery is made.
6.2. The purchased service is made available electronically following the successful completion of payment and the necessary account verifications.
6.3. The activation of the service is carried out by assigning the relevant features to the BUYER's account or by granting access authorization.
6.4. The SERVICE PROVIDER takes reasonable technical and operational measures to ensure the software operates securely, reliably, and sustainably.
6.5. Temporary service interruptions may occur due to planned maintenance, software updates, infrastructure work, or technical faults.
6.6. The BUYER's rights arising from legislation and this agreement are reserved in case the service is not provided at all or is not provided properly.
ARTICLE 7 – SUBSCRIPTION DURATION AND RENEWAL
7.1. The subscription duration is determined according to the monthly or annual payment period selected at the time of purchase.
7.2. Automatic subscription renewal depends on the BUYER explicitly accepting this condition.
7.3. The BUYER can stop the renewal of the subscription via the account management panel or through support channels.
7.4. In case the subscription is cancelled, unless otherwise agreed, service access continues until the end of the current payment period.
7.5. After stopping the renewal, no new subscription fee is charged for the next period.
7.6. The mandatory legal rights of BUYERS who are consumers regarding the duration, renewal, and termination of subscriptions are reserved.
ARTICLE 8 – CANCELLATION, WITHDRAWAL, AND REFUND
8.1. The BUYER can cancel their subscription via the account management panel or through support channels.
8.2. Cancellation and refund conditions for purchases made for commercial purposes are evaluated under this agreement and the XtraCRM Cancellation and Refund Terms.
8.3. A BUYER who qualifies as a consumer may, unless an exception applies under the relevant legislation, exercise the right of withdrawal within 14 days from the establishment date of the distance service contract without any reason and without penalty.
8.4. Exceptions to the right of withdrawal may apply for services performed immediately electronically under the Distance Contracts Regulation and for contracts concerning services begun with the consumer's consent before the withdrawal period expires.
8.5. For the application of exceptions to the right of withdrawal, the conditions stipulated in the legislation must be met. The BUYER's general acceptance of the contract does not replace the separate consent required for early provision of the service when necessary.
8.6. Fees related to used subscription periods are non-refundable, subject to the applicable legislation and the provisions of the contract between the parties.
8.7. In the following cases, fee refunds or appropriate compensation methods may be considered:
Duplicate payment made.
Incorrect amount charged.
Purchased service cannot be provided due to reasons attributable to the SERVICE PROVIDER.
Mandatory refund according to legislation.
Refund deemed appropriate by the SERVICE PROVIDER.
8.8. When a valid right of withdrawal is exercised, the legal refund period and method shall apply.
8.9. Refund transactions are generally completed using the payment method originally used.
8.10. Other details regarding cancellation and refund processes are regulated under the Cancellation and Refund Terms published on the XtraCRM website.
ARTICLE 9 – ADDITIONAL USER AND STORAGE SERVICES
9.1. The BUYER may purchase additional user licenses or storage spaces to their existing subscription.
9.2. Fees for additional services are calculated according to the conditions specified on the purchase screen.
9.3. Additional services can be provided based on the relevant subscription period.
9.4. Reduction in the number of additional users or cancellation of the storage service will be effective from the next billing period, unless otherwise stated.
9.5. If reducing the storage capacity causes existing data to exceed the new usage limits, the BUYER may be asked to perform necessary data management operations.
9.6. The SERVICE PROVIDER does not arbitrarily delete the BUYER's data solely due to package changes without providing necessary information and reasonable options for data export.
ARTICLE 10 – ARTIFICIAL INTELLIGENCE SERVICES AND CREDITS
10.1. XtraCRM may offer artificial intelligence-supported features within the software.
10.2. These features may operate through credits provided by XtraCRM or through the BUYER's own service provider account.
10.3. Artificial intelligence credits purchased through XtraCRM are subject to specified usage and billing conditions.
10.4. Consumption of artificial intelligence credits may vary according to the performed operations, models used, token amounts, and pricing principles of the related service.
10.5. Fees for consumed credits are non-refundable, except for refund rights arising from legislation.
10.6. Incorrect credit consumptions or systemic billing issues are reviewed and necessary corrections are made.
10.7. If the BUYER uses their own API keys, the usage fees and terms for third-party AI service providers are determined by the respective provider.
10.8. AI-generated content may contain inaccurate, incomplete, or outdated information. The BUYER is responsible for verifying such content for its intended use.
10.9. The use of AI services may be subject to the technical limitations and usage policies of the relevant third-party providers.
ARTICLE 11 – SOFTWARE LICENSE AND INTELLECTUAL PROPERTY RIGHTS
11.1. Rights over the XtraCRM software, source codes, designs, interfaces, data models, algorithms, trademarks, and other intellectual property belong to the SERVICE PROVIDER or relevant rights holders.
11.2. Under this agreement, the BUYER is granted a non-exclusive, non-transferable, limited right to use the service only during the subscription period and within the scope of the purchased service.
11.3. The BUYER may not copy, reproduce, reverse engineer, or attempt to obtain the source code of the software except as explicitly permitted by applicable law.
11.4. The BUYER shall not allow unauthorized third parties to use, rent, resell, or sublicense the software.
11.5. Uses infringing the software's intellectual property rights may result in termination of the agreement for cause and legal action.
11.6. Rights over customer records, documents, and other data uploaded by the BUYER to their account belong to the BUYER, subject to applicable laws and third-party rights.
ARTICLE 12 – BUYER'S RIGHTS AND OBLIGATIONS
12.1. The BUYER is obliged to provide accurate, up-to-date, and complete information during account creation and purchase processes.
12.2. The BUYER shall take necessary measures to ensure the security of user accounts and not share access information with unauthorized persons.
12.3. The BUYER agrees to use the software in compliance with applicable laws and third-party rights.
12.4. The processing of data, customer communication, marketing, and automation activities carried out via XtraCRM must be conducted lawfully and is the responsibility of the BUYER.
12.5. The BUYER must not process or transfer personal data without a valid legal basis in an unlawful manner.
12.6. The BUYER must not engage in activities that jeopardize the security, integrity of the software, or other users' access to the service.
12.7. The BUYER is obliged to comply with the user, storage, and usage limits determined within the purchased package.
12.8. The BUYER is responsible for transactions carried out through their users' accounts, according to the nature of the specific event and applicable legislation.
ARTICLE 13 – RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
13.1. The SERVICE PROVIDER is obliged to provide the purchased services in accordance with the scope and conditions specified in the contract.
13.2. The SERVICE PROVIDER takes appropriate technical and administrative measures for system security, service continuity, and data integrity.
13.3. The SERVICE PROVIDER may perform maintenance work to develop, update, and ensure the security of the software.
13.4. The SERVICE PROVIDER processes users' data in accordance with the contract and applicable personal data protection legislation.
13.5. The SERVICE PROVIDER may take proportionate and suitable measures when illegal or contract-breaking usage is detected, depending on the nature of the violation.
13.6. In cases of serious security threats or unlawful activities, access may be temporarily restricted.
13.7. The SERVICE PROVIDER may make technical improvements and updates to the software while preserving the essential nature of the service.
ARTICLE 14 – THIRD-PARTY INTEGRATIONS
14.1. XtraCRM may provide integrations with email, messaging, artificial intelligence, advertising platforms, payment institutions, and other third-party services.
14.2. The use of third-party services may be subject to the respective providers' own terms of use and pricing policies.
14.3. The BUYER may be required to create necessary accounts and pay relevant fees to use third-party services.
14.4. API changes, access restrictions, price updates, or service interruptions by third-party providers may affect the operation of integrations.
14.5. The SERVICE PROVIDER shall not be held liable for third-party issues not caused by its own fault to the extent permitted by law.
14.6. The contractual and legal obligations arising from the SERVICE PROVIDER's own integration services are reserved.
ARTICLE 15 – PROTECTION OF PERSONAL DATA AND PRIVACY
15.1. The parties are obliged to act in accordance with the applicable legislation on the protection of personal data.
15.2. XtraCRM fulfills its obligations arising from the relevant legislation regarding personal data processed in its service processes.
15.3. The roles of the parties as data controller or data processor in processing customer and employee data transferred to the system by the BUYER are determined according to the nature of the specific data processing activity.
15.4. The BUYER is responsible for fulfilling the necessary obligations for the lawful acquisition and processing of personal data transferred to the system.
15.5. Details regarding the processing, storage, transfer, and deletion of personal data are regulated within the scope of the XtraCRM Privacy Policy, relevant disclosure texts, and if applicable, the data processing agreement signed between the parties.
15.6. The SERVICE PROVIDER does not share commercial information and customer data belonging to the BUYER with unauthorized third parties except for legal obligations or valid contractual authorities.
ARTICLE 16 – DATA STORAGE AND ACCOUNT CLOSURE
16.1. The BUYER can access their data within the limits of the package they have purchased as long as the subscription continues.
16.2. In the event of termination of the subscription, data access may be restricted according to the conditions specified in the contract and data retention policy.
16.3. The BUYER may use the data export options provided before terminating the subscription.
16.4. After the termination of the contract, the processes of storing, exporting, and deleting data are carried out according to the relevant legislation and data management conditions agreed upon between the parties.
16.5. Records with legal retention obligations can be preserved for the duration prescribed by the relevant legislation.
16.6. The deletion or anonymization of data is carried out in accordance with data protection legislation.
ARTICLE 17 – LIMITATION OF LIABILITY
17.1. The SERVICE PROVIDER provides software services within the features and technical capabilities specified in the contract.
17.2. It is not guaranteed that the software will achieve a specific commercial goal of the BUYER, increase sales, or provide a certain financial result.
17.3. Outcomes arising from incorrect use of the software by the BUYER, entering erroneous data, or allowing unauthorized access will be assessed based on fault and liability principles.
17.4. The SERVICE PROVIDER is not liable, to the extent permitted by law, for disruptions caused by internet connection issues not due to its own fault, problems with the BUYER's devices or infrastructure, and third-party service interruptions.
17.5. Regarding commercial contracts, except for mandatory legal provisions and cases of gross negligence or intent, the SERVICE PROVIDER's compensation liability is limited to the total service fees actually paid by the BUYER within the last 12 months for the service that caused the damage.
17.6. This article cannot be applied in a way that removes or limits the rights of consumers arising from mandatory legislation.
ARTICLE 18 – FORCE MAJEURE
18.1. Events beyond the reasonable control of the parties that could not have been foreseen or prevented may be considered as force majeure.
18.2. Natural disasters, war, widespread infrastructure outages, public authority decisions, and similar events may constitute force majeure depending on the specific circumstances.
18.3. The party unable to fulfill their obligations due to force majeure shall inform the other party as soon as possible.
18.4. If force majeure continues for a long duration and fundamentally prevents the performance of the contract, the parties retain their legal rights of termination and other rights.
ARTICLE 19 – TERMINATION OF THE CONTRACT
19.1. The BUYER may terminate their subscription by methods specified in the contract.
19.2. In the event of a material breach of contract, the SERVICE PROVIDER may grant the BUYER a reasonable period to remedy the breach.
19.3. If the breach is not remedied, and legal and contractual conditions are met, the contract may be terminated.
19.4. In cases requiring immediate intervention due to serious security breaches or unlawful activities, temporary suspension of access or termination for cause may be applied.
19.5. Termination of the contract does not eliminate the legally valid obligations that arose before the termination date.
ARTICLE 20 – RESOLUTION OF DISPUTES
20.1. The law of the Republic of Turkey shall apply in the implementation of this agreement.
20.2. In transactions where the BUYER has the status of a consumer, consumer arbitration committees and consumer courts are authorized within the framework of the applicable legislation.
20.3. In commercial disputes, without prejudice to mandatory jurisdiction rules and trial conditions by law, Courts and Enforcement Offices of İzmir are authorized.
20.4. The parties may make reasonable efforts to resolve disputes primarily through good faith negotiations.
ARTICLE 21 – INTEGRITY OF THE AGREEMENT AND OTHER POLICIES
21.1. This agreement regulates the basic terms related to paid service purchases made through XtraCRM.
21.2. The XtraCRM Terms of Use, Cancellation and Refund Terms, Privacy Policy, and other relevant agreements supplement this agreement to the extent they apply.
21.3. In case of conflict between the provisions of the agreement, mandatory statutory provisions shall take precedence.
21.4. In cases where the BUYER has the status of a consumer, provisions that constitute unjust terms against the consumer shall not be applied.
ARTICLE 22 – EFFECTIVENESS
22.1. This Distance Sales Agreement comes into effect when the BUYER electronically approves the agreement and the order is accepted.
22.2. The BUYER is informed about the basic features of the service, price, payment terms, subscription period, renewal and cancellation conditions before the purchase.
22.3. The electronic approval of the agreement does not imply that the BUYER waives their rights arising from mandatory legislation.
22.4. This agreement is drawn up electronically and applies to the legal relationship between the parties.
SERVICE PROVIDER
XtraCRM
BUYER
The natural or legal person who completes the purchase electronically.
Date of Agreement: The date on which electronic approval and order acceptance occur.