Distance Sales Agreement

About this document

This Distance Sales Agreement ("Agreement") is required by the Turkish Consumer Protection Law (Law No. 6502) and the Distance Contracts Regulation. It governs the contractual relationship between Hifly and consumers residing in Turkey for paid plan purchases. The Agreement enters into force when the User accepts it electronically while purchasing any paid plan on hifly.app.

If you are not a Turkish resident, the Refund Policy (hifly.app/refund) is the primary document for you and covers your right of withdrawal under EU consumer law and equivalent rights elsewhere.

1. The Parties

Service Provider (Seller)

Bulut Studio (operating under the Hifly brand) hifly.app Contact: support@hifly.app

(Hereinafter "Bulut Studio" or "Hifly".)

Buyer (Consumer)

A natural person who creates an account on hifly.app and purchases a paid plan.

(Hereinafter the "Consumer".)

2. Subject and Scope

2.1. This Agreement governs the electronic purchase of a subscription selected by the Consumer on hifly.app, payment collection, the terms of service delivery, the right of withdrawal, the obligations of the parties, and dispute resolution.

2.2. The product purchased under this Agreement is digital content / digital service; no physical delivery is involved.

3. Key Features and Price

3.1. Plan scope:

• Hifly Pro: 5 new songs per day, 3 revisions per song, song extension feature.

3.2. Currency: Prices are shown in U.S. Dollars ($). Charges are collected via Lemon Squeezy; applicable currency conversion and taxes (VAT/sales tax) are applied by Lemon Squeezy as Merchant of Record.

3.3. Price changes: Hifly may change prices and plan scope with prior notice. For active subscriptions, changes take effect at the next renewal cycle; the Consumer is notified by email at least 30 days in advance.

4. Payment

4.1. Payments are processed through Lemon Squeezy, which acts as the Merchant of Record and is a PCI-DSS Level 1-compliant international payment/sales provider.

4.2. The Consumer's card details (card number, expiration date, CVC) are never received by Bulut Studio servers; all payment operations occur directly on Lemon Squeezy's infrastructure.

4.3. Subscription auto-renewal: Hifly Pro subscriptions auto-renew monthly. The Consumer may stop the next renewal at any time from hifly.app/account.

4.4. Failed payments: Lemon Squeezy's automated retries (dunning) continue for 7 days. If payment cannot be collected, the subscription is suspended and the account reverts to the post-Free state; historical generations remain accessible.

4.5. E-invoice: An e-invoice is issued upon the Consumer's request or where statutorily required.

5. Entry into Force and Service Delivery

5.1. The Agreement enters into force when the Consumer checks the "I have read and accept the Distance Sales Agreement" box during checkout and payment is completed successfully.

5.2. Service delivery starts immediately upon payment confirmation. The Consumer can use all features under the plan from that point.

5.3. The Consumer explicitly approves at checkout that "service delivery starts immediately after payment confirmation". Under Law No. 6502 Art. 48/g, this approval directly affects the right of withdrawal (see Section 8).

6. Right of Withdrawal

6.1. Under Article 48 of Turkish Consumer Protection Law (No. 6502), the Consumer has a 14 (fourteen) day right of withdrawal from the date the distance contract is concluded, without giving any reason and without paying any penalty.

6.2. The withdrawal period starts on the day the service contract is concluded.

7. Exercising the Right of Withdrawal

7.1. The right of withdrawal is exercised by written notice to support@hifly.app, including:

• Consumer's name and registered email address
• The date of the purchase to which the withdrawal request relates
• An explicit statement: "I hereby exercise my right of withdrawal from the Distance Sales Agreement"

7.2. Hifly returns the payment to the original payment method within 14 days of receiving the withdrawal request. No interest or penalty is added to the refund amount.

7.3. Upon exercise of the right of withdrawal, the Consumer is not required to return any goods or pay any fee; the refund is performed unilaterally by Bulut Studio.

8. When the Right of Withdrawal Does Not Apply

Per Article 48/g of Law No. 6502 and Article 15/g of the Distance Contracts Regulation, the Consumer cannot exercise the right of withdrawal in the following cases:

8.1. Subscriptions: For Hifly Pro, once the Consumer submits the first generation request (new song, revision, or extension) under the subscription, service delivery is deemed to have started with the Consumer's approval and the right of withdrawal ends.

8.3. For subscriptions where no generation/revision/extension has been performed, the 14-day right of withdrawal under Section 6 applies without interruption.

8.4. After the right of withdrawal ends, the Consumer cannot claim a refund for the remainder of the subscription period. However, the Consumer may stop the next renewal cycle at any time from hifly.app/account.

9. Termination

9.1. The Consumer may end the subscription at any time from hifly.app/account or by emailing support@hifly.app. After a termination request, the subscription remains valid until the end of the current period; no further renewal occurs.

9.2. Hifly reserves the right to unilaterally terminate this Agreement upon detection of prohibited uses under Terms of Service Section 9, payment disputes, or arising legal obligations. In such cases, no refund is issued for the unused portion.

10. Liability and Warranty

10.1. Hifly exercises reasonable care to provide the service in a reasonably continuous, secure, and contract-compliant manner. The service is not guaranteed to be entirely uninterrupted or error-free.

10.2. Hifly is a generation platform based on artificial intelligence. Unexpected or unsatisfactory musical output from the Consumer's prompts is not considered a service defect; it is part of the natural behavior of AI generation.

10.3. Hifly is not liable for any indirect, punitive, or incidental damages arising from use of the service. Hifly's total liability is limited to the total Hifly fees paid by the Consumer during the last 12 months.

10.4. Bulut Studio is not liable for potential copyright or intellectual-property infringements in content generated by the Consumer; in such cases, legal liability rests directly with the Consumer.

11. Force Majeure

The following extraordinary circumstances beyond the parties' control are considered force majeure, and the parties' obligations are suspended for their duration:

• Natural disasters (earthquake, flood, fire)
• Epidemics and quarantine decisions
• Government decisions, war, civil unrest
• Wide-scale outages of the internet backbone, energy infrastructure, or critical third-party services used (e.g. prolonged outages of the payment provider, web hosting, audio file storage, or database infrastructure providers)
• Cyberattacks and large-scale security breaches

12. Consumer Complaints and Remedies

12.1. The Consumer first directs all requests, complaints, and feedback to Hifly via support@hifly.app. Hifly commits to respond within 30 days.

12.2. For consumer-grade disputes within the monetary thresholds set annually by the Turkish Ministry of Trade, the Consumer may apply to the Consumer Arbitration Committee.

12.3. For disputes above the threshold, the Consumer Courts have jurisdiction.

12.4. The right to apply to the Consumer Arbitration Committee or the Consumer Courts is not limited by any direct application to Hifly; these statutory rights are reserved at all times.

13. Dispute Resolution

13.1. This Agreement is governed by the laws of the Republic of Turkey.

13.2. For non-consumer disputes, Istanbul courts and execution offices have jurisdiction.

13.3. For consumer disputes, the provisions of Section 12 apply.

14. Effectiveness and General Provisions

14.1. This Agreement enters into force when the Consumer checks the relevant boxes during the purchase flow and payment completes successfully.

14.2. The invalidity of any provision of this Agreement by a competent court or authority does not affect the validity of the remaining provisions.

14.3. The Consumer confirms that they have read and accepted, alongside this Agreement, the Terms of Service, Privacy Policy, and KVKK Disclosure Notice.

14.4. A copy of this Agreement is sent electronically to the Consumer's registered email address after purchase confirmation and is always accessible at hifly.app/mesafeli-satis.

Contact

• Email: support@hifly.app
• Operator: Bulut Studio (Hifly), hifly.app · Lemon Squeezy, Inc. (Merchant of Record)
• Brand: Bulut Studio