Legal
Pre-Information Form
Required pre-contractual disclosures about holala's services, pricing, and your rights before you complete a purchase.
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ARTICLE 1 – PARTIES, PURPOSE OF THE AGREEMENT AND DISCLOSURE OBLIGATION
This Preliminary Information Form (the “Form”) has been drawn up for the purpose of providing, in full, the mandatory legal disclosures required under Law No. 6502 on Consumer Protection and the Distance Contracts Regulation in relation to the Distance Service Agreement to be concluded between the Buyer (Customer/User) and the Service Provider (Holala) concerning the artificial intelligence-assisted digital image and video production services offered in the electronic environment.
The Holala platform is, by virtue of its core strategy and operational functioning, a SaaS (Software as a Service) platform that predominantly serves under a B2B (Business-to-Business) model, offering artificial intelligence-based image and video production processes for e-commerce brands, marketing agencies, creative teams and corporate companies. Where the Customer holds the status of a merchant or acts for professional/commercial purposes, the legal relationship between the parties shall primarily be subject to the provisions of the Turkish Commercial Code (Law No. 6102) and the Turkish Code of Obligations (Law No. 6098), and the special protective provisions arising from consumer legislation shall not apply to such commercial transactions. However, in view of the platform's infrastructure, which also allows individual (consumer) users to access it and to purchase services instantly by credit card, this Preliminary Information Form has been designed as an extended legal framework text going far beyond the minimum statutory requirements, covering both B2B and B2C (Business-to-Consumer) dynamics and explaining in the finest detail the instantly performed digital nature of the service and the legal boundaries of artificial intelligence technology.
The Buyer accepts and declares in advance that, before creating any membership on the platform, activating a demo (free trial) account, purchasing a credit/token package or starting a subscription, they have read and understood all technical, commercial and legal terms set out in this Form, that they comprehend the method and limits of performance of the service, and that by giving their approval electronically under these terms they assume a payment obligation. This approval constitutes a precondition for, and an integral part of, the principal Distance Service Agreement to be concluded between the Parties.
ARTICLE 2 – COMPREHENSIVE DEFINITIONS AND TECHNICAL TERMINOLOGY
In the application and interpretation of this Preliminary Information Form and the Distance Service Agreement to be concluded, and in the resolution of any disputes, the terms below shall bear the extended technical and legal meanings set out opposite them:
Term
Meaning
Platform (Holala)
Refers to the website under the domain name holala.ai belonging to the Service Provider, all subdomains connected to this site, user panels, membership areas, payment screens, artificial intelligence model integrations, API connections and the entire cloud-based SaaS (Software as a Service) digital service infrastructure offered by the platform.
Service Provider (Seller/Holala)
Refers to ELİF SİMGE EREN Şahıs Şirketi (sole proprietorship), which commercially offers, in the electronic environment, artificial intelligence-assisted product photo processing, template-based image creation, video production, advertising creative development and digital content optimization services through the Platform.
Buyer (Customer/User)
Refers to the party encompassing legal or natural persons acting for commercial or professional purposes (merchants) and end consumers acting for non-commercial purposes, who create a membership for themselves or their organization through the Platform, use a demo (free trial) account, start one of the monthly or annual subscription packages, purchase individual credits/tokens, or benefit from Holala services in any manner.
Service (Holala Service)
Refers to the entirety of the digital production services performed through the Platform using artificial intelligence models, machine learning algorithms and custom integrations, covering all manual and automated processes such as product image generation, creation of lifestyle images for e-commerce and advertising purposes, fashion/model-based images, ghost mannequin applications, production of advertising creatives, image-to-video conversion operations, bulk (batch) catalog image production and template/model training specific to brand identity.
Credit / Token
Refers to the digital usage right unit, which has no nominal monetary value but represents the right of in-system production, that the Buyer must spend for each image production, video conversion operation, variation request, quality enhancement (upscale) operation or other artificial intelligence-based digital production actions to be carried out on the Platform.
Subscription Model
Refers to the service or package structure whereby the Buyer accesses the Platform under monthly or annual commitments (automatically renewing periodically) and holds a certain pool of Credits/Tokens on a periodic basis, with payments collected regularly through the designated payment infrastructure.
Demo / Free Trial Account
Refers to trial-version access allocated free of charge, generally within certain restrictions and including a limited Credit/Token balance, to users registering on the Platform for the first time so that they can test the system's technical capacity, interface design, speed and the quality of the artificial intelligence outputs.
Customer Content (Input)
Refers to any and all visual, auditory or written materials uploaded to the Platform by the Buyer and provided as reference or production input to the artificial intelligence model, including product photographs, inspiration images, brand logos, corporate identity guidelines, text-based commands (prompts), product briefs and the like.
Final Output (Digital Content/Output)
Refers to the final image or video files ultimately produced by the artificial intelligence using the Customer Content and through the templates and algorithms on the Platform, in JPEG, PNG, WEBP, MP4 or other digital formats supported by the Platform at that time, in accordance with the applicable standards.
AI Hallucination (Artificial Intelligence Illusion)
Refers to the illogical, physically impossible or unreal physical/anatomical distortions, visual artifacts, deformations in product details or random aesthetic deviations not matching the Customer's expectations that may arise in the Final Outputs produced, owing to the nature, algorithmic structure and current technological limitations of generative artificial intelligence (generative AI) models.
Variation (Variant)
Refers to each distinct derivation operation requested from the system for the purpose of modifying certain elements — such as color, lighting, background, facial expression, hairstyle, pose, location details or styling — of an image template previously produced, approved or entered into the system as a request by the Buyer.
Upscale (Quality Enhancement)
Refers to the operation of increasing and resizing the resolution, pixel density, sharpness and overall image quality of the produced Final Output (for example, from 1K standard resolution to 2K or 4K resolution) using advanced artificial intelligence tools.
Third-Party Service Providers
Refers to the cloud server providers, artificial intelligence API model providers, analytics service tools, cybersecurity protocol providers and similar external technology companies that Holala integrates as infrastructure and receives services from in order to deliver its own services.
Payment Institution (iyzico)
Refers to the authorized intermediary financial technology institution that provides the secure payment infrastructure, in compliance with applicable legislation and international PCI-DSS security standards, for the credit card and debit card collections, card storage (tokenization) operations and recurring subscription payments to be made through the Platform.
ARTICLE 3 – CORPORATE INFORMATION OF THE PARTIES AND OF THE ELECTRONIC COMMERCE INFRASTRUCTURE
The Buyer accepts in advance that, before approving this Preliminary Information Form and the Agreement, they have been informed in a clear, transparent and comprehensible manner about the Service Provider's corporate identity, communication channels, notification address and complaint mechanisms.
3.1. SERVICE PROVIDER (HOLALA) INFORMATION
Title / Identity Information
Details
Company Title
ELİF SİMGE EREN Şahıs Şirketi
Platform Name / Brand
Holala
Tax Office and Tax No
Kozyatağı Tax Office - 3530980516
Head Office Address
Küçükbakkalköy Mah. Selvili Sk. No: 4/20 Ataşehir/İstanbul
Contact E-mail Address
support@holala.ai / info@holala.ai
Customer Complaint and Support Channel
Requests and complaints may be submitted without interruption through the support panel located within the Platform and the official contact e-mail addresses.
3.2. BUYER (CUSTOMER/USER) INFORMATION
The Buyer's invoicing, contact and identity/tax information consists of the information integrated into the system by the Buyer of their own volition at the registration (sign-up) stage on the Platform and electronically confirmed during the purchase of a subscription or credit package. The Buyer warrants that all information entered into the system is accurate, up to date and belongs to them. In B2B transactions, the Buyer's corporate title and tax identification number shall be included on the invoice, and any criminal or administrative liability arising under tax law and financial legislation from the incomplete or incorrect entry of such information shall rest exclusively with the Buyer.
Title / Identity Information
Details
Full Name / Trade Name
The Full Name or Company Title declared by the Buyer during registration on the Platform
Turkish ID No / Tax No
The Tax Identification Number (VKN) or Turkish ID Number (TCKN) entered into the system by the Buyer for invoicing purposes
Invoice Address
The official notification and invoice address declared by the Buyer
Phone Number
The phone number provided by the Buyer for verification and communication purposes
E-mail Address
The sole e-mail address to be used for system login, password reset and the delivery of e-invoices/e-archive invoices
3.3. PAYMENT INFRASTRUCTURE PROVIDER (IYZICO) INFORMATION
All credit card, debit card and virtual card collection transactions, card storage (tokenization) operations and 3D Secure security verifications carried out through the Holala Platform are provided by iyzico, a payment institution holding a license from the Central Bank of the Republic of Türkiye (CBRT) and supervised within the framework of the relevant laws. The Buyer's financial data, credit card numbers and security codes are under no circumstances stored on Holala's own local servers, databases or log records; they are transmitted directly to the iyzico infrastructure using end-to-end encryption methods and within the framework of international PCI-DSS security standards.
ARTICLE 4 – SCOPE OF THE SERVICE SUBJECT TO THE AGREEMENT, TECHNICAL SPECIFICATIONS AND METHOD OF PERFORMANCE
The service subject to this Preliminary Information Form is an artificial intelligence software service (B2B SaaS) that does not involve the delivery of a physical good packaged and shipped by courier as in traditional e-commerce sites, that is provided entirely in the digital environment (cloud-based), that takes shape according to the materials uploaded to the system and the commands entered (prompt/template selection) by the Buyer, and that is performed instantly in digital file format. The Buyer has been informed in the finest detail of the following matters concerning the technical manner of performance, limits and scope of the digital services offered on the Platform:
4.1. Production Process and User Workflow
The production cycle on the Platform consists of specific technical stages, and the correct operation of these stages is of critical importance for the quality of the Final Output:
a) Input Stage: The Buyer logs into the Platform panel allocated to them and digitally uploads to the system the product photographs, brand logos (if any) or other Customer Content that will form the basis of the image or video to be produced. The lighting quality, resolution, angle and sharpness of the raw photographs uploaded by the Buyer are the most fundamental factors directly and absolutely determining the quality of the Final Output to be produced by the artificial intelligence. Holala cannot be held liable for low-quality outputs caused by low-resolution, poorly lit or incorrectly angled uploads.
b) Template and Parameter Selection: The Buyer selects one of the trained artificial intelligence templates readily available on the Platform or specifically defined for their brand (campaign concepts, various living-space settings, digital mannequin models). Depending on need, the aspect ratio of the image, its stylistic features, color palette or specific text commands (prompts) are entered into the system manually.
c) Artificial Intelligence Processing: The system blends the Customer Content provided by the Buyer with the selected template and commands and processes them via cloud-based generative artificial intelligence (generative AI) APIs using intensive processing power (GPU). Complex algorithms and deep learning models come into play during this process.
d) Output and Digital Delivery: The production operation is generally completed within seconds or minutes, depending on the instantaneous load on the system and the selected resolution, and the Final Output is reflected in the Buyer's dedicated panel on the Platform. Bulk (batch) catalog productions or high-resolution (4K) image-to-video conversion operations may take longer due to their algorithmic weight. Delivery is deemed to have taken place legally and de facto, without any physical shipment, once the image or video appears in the Buyer's panel and becomes downloadable.
4.2. Service Items and Output Format Details
The digital services offered and continuously developed by Holala are varied. These services principally cover e-commerce lifestyle images in which products are displayed in surreal or virtual settings with professional lighting, fashion images in which textile or apparel products are displayed on digital human models, and ghost mannequin applications eliminating the use of physical mannequins. In addition, multiple advertising creatives (ad creatives) in sizes suitable for different social media channels to support digital marketing strategies, and product videos in which static images are animated with artificial intelligence technologies, also fall within this scope.
The digital content produced is provided, as a rule, in JPEG, PNG or WEBP formats depending on the nature of the image, its intended use and the Buyer's selection; videos are provided in MP4 or other high-quality formats meeting current standards. Output resolutions may be set as 1K (Standard Resolution), 2K (High Resolution) or 4K (Ultra High Resolution) according to the features of the package held by the Buyer and their Credit consumption preference. Resolutions and formats may be updated by the Platform in parallel with technological developments.
ARTICLE 5 – CREDIT / TOKEN SYSTEM, SUBSCRIPTION MECHANISM AND USAGE LIMITS
All production operations on the Platform are based on the spending of Credit/Token units purchased in advance or allocated to the Buyer under a monthly/annual subscription package. Credits are digital rights that have no physical counterpart and solely determine in-system production limits. The Buyer accepts in full the pricing mechanism and digital consumption limits of the purchased service within the framework of the following conditions:
5.1. Credit (Token) Consumption Structure and Algorithm Costs
Each digital production operation causes a certain amount of Credits to be deducted from the Buyer's balance, in proportion to the technical complexity of the operation, the selected output resolution, the video duration and the cloud server (GPU) power consumed in the background. Credit consumption rates vary according to the weight of the operation and are transparently indicated in the Platform interface. The current credit consumption structure, provided for reference purposes, is shown in the table below; Holala always reserves the right to update these rates, with prospective effect, in line with global changes in artificial intelligence API costs, exchange rate fluctuations or server costs.
Operation Type / Output Feature
Estimated Credit (Token) Consumption Amount
Standard Resolution Image Production (1K)
1 Credit / per image operation
High Resolution Image Production (2K)
2 Credits / per image operation
Ultra High Resolution Image Production (4K)
3 Credits / per image operation
Variation (Different derivations / Variants)
Selected Base Resolution Credit x Number of Variations Requested
Upscale (Quality Enhancement and Sharpening - 2x)
1 Credit / per operation
Upscale (Quality Enhancement and Sharpening - 4x)
2 Credits / per operation
Image-to-Video Conversion / Dynamic Video Production
Between 5 and 10 Credits, depending on the duration and frame rate of the video to be created
5.2. Subscription Periods, Renewal and Validity Period of Credits
If the Buyer opts for one of the monthly or annual auto-renewing subscription packages, once the subscription fee for the relevant period has been collected, the Credit/Token balance for that period is instantly loaded into the Buyer's company pool or individual account on the Platform. The validity period of credits allocated under the subscription model is strictly limited to the end of the relevant billing (subscription) period. The Buyer is obliged to use the credits allocated within the subscription period purchased. Credits unused at the end of the period are not carried over to the next billing period, cannot be accumulated, cannot be converted into cash, and no refund or discount may be claimed from Holala in respect of such unused credits.
If the credits in the current subscription package are exhausted, the Buyer may, according to their needs, increase their balance by purchasing individual "Additional Credit Packages" through the Platform, independently of the subscription cycle. The validity period of additional credit packages is limited to the usage period clearly stated on the purchase screen, and additional credits unused at the end of this period likewise become invalid.
5.3. Demo Accounts, Free Trial and B2B Optimization Processes
Holala may, in order to enable corporate customers and potential buyers newly interested in the Platform to test the Platform's technical capabilities, user interface and the sectoral quality of the artificial intelligence outputs without taking any risk, define Demo (Free Trial) accounts containing complimentary credits for users who pass phone number and corporate e-mail verification. Services provided under a demo account are supplied entirely on an "as-is" basis; during this process Holala provides no guarantee whatsoever of uninterrupted service or perfect results. Furthermore, the Buyer may not be able to claim commercial usage rights over images produced during the demo process, or the system may offer certain premium templates on a restricted basis. When the demo process or the allocated complimentary credits are exhausted, the Buyer must switch to paid subscription or credit packages if they wish to continue benefiting from the service.
In demo, onboarding or optimization phases conducted specifically with corporate B2B customers (Enterprise), and provided that mutual written agreement is reached between the parties, special commercial flexibilities may be granted whereby, in departure from the Platform's standard credit consumption algorithms, Credits are deducted only for images approved by the Buyer. However, this constitutes a commercial arrangement specific solely to that corporate customer and does not form an exception to, or a precedent for, Holala's general refund policy, standard credit deduction rules or its agreements with other customers.
ARTICLE 6 – PRICING, INVOICING AND PAYMENT TERMS
The commercial consideration for the digital services offered on the Platform, the payment methods and the invoicing processes are regulated as follows, in accordance with Turkish financial legislation and international e-commerce standards:
6.1. Pricing Strategy and Taxation
The fees for the monthly and annual subscription packages, additional credit packages and special project-based production services for corporate customers offered on the Platform are determined and presented to the Buyer in Turkish Lira (TL) and/or United States Dollars (USD). For Buyers who are resident within the borders of the Republic of Türkiye, who hold tax liability or who transact individually with a Türkiye address, Value Added Tax (VAT) at the statutory rate shall be calculated pursuant to the applicable tax legislation and added to the total amount on the payment screen. The base prices published on the Platform indicate, as a rule, amounts exclusive of VAT, and the tax amounts are listed transparently at the final payment step. In pricing denominated in foreign currency, the current exchange rates at the time of payment or the conversion rates determined by the payment infrastructure may be taken as the basis.
6.2. Payment Method, Automatic Renewal (Recurring Billing) and the iyzico Infrastructure
Payments made when starting a subscription or purchasing an individual credit package are effected via the Buyer's credit card, debit card or virtual card. These financial transactions are carried out instantly, in encrypted and secure form, through the iyzico payment gateway. In packages where the automatically renewing (subscription) model is active, the Buyer's card details are converted into a token (encrypted token) and stored within iyzico's secure (PCI-DSS compliant) infrastructure.
By reading and approving this Form in the electronic environment, the Buyer declares that they give their advance and explicit consent that, at the end of the selected subscription period (monthly or annual), unless the subscription is cancelled, the current service fee for the new period shall be collected automatically (recurring billing) from the registered credit card without any need for additional approval. In special high-volume package agreements with corporate (Enterprise) customers, payment options with maturities of 15 to 30 days via wire transfer/EFT directly to Holala bank accounts may be granted, subject to the parties' written agreement, in lieu of credit card payment. In such cases, compliance with the payment maturities is one of the essential elements of the agreement.
6.3. Invoicing and E-Document Process
Following the successful completion of the credit card collection or, in B2B transactions, the full transfer of the wire/EFT amount to Holala bank accounts, an E-Invoice or E-Archive Invoice is issued within the applicable statutory periods in accordance with the invoicing information provided by the Buyer when registering on the Platform or at the payment step. A PDF copy of the electronic invoice issued is sent electronically to the Buyer's e-mail address registered in the system. If the Buyer requests a corporate invoice (commercial enterprise invoice), they are obliged to enter their Company Title, Tax Identification Number and Tax Office information completely, currently and accurately at the registration stage or on the payment screen. Holala cannot be held responsible for financial delays arising from invoice correction or cancellation requests made subsequently due to incorrectly declared invoicing information.
6.4. Default, Late Payment Provisions and Chargeback Prohibition
In B2B (merchant-to-merchant) relationships, where deferred payment options such as wire transfer/EFT are used and payment is not made in full by the specified due date, the Buyer shall be deemed to be in default. In such a case, Holala reserves the right, without any need to serve a notice, to unilaterally and immediately suspend the service, suspend access to the Buyer's account, block the use of the existing Credit/Token balance and claim default interest at the highest advance interest rate applied in commercial transactions.
The Buyer accepts that the payment obligation arises instantly in return for the allocation of access to the Platform, the loading of credits and the provision of the digital service infrastructure. Grounds such as the output produced by the artificial intelligence not conforming to the Buyer's subjective aesthetic taste, failing to meet marketing expectations or failing to generate commercial returns cannot legally be deemed a defect. For this reason, the Buyer irrevocably accepts, declares and undertakes that they may not evade the payment obligation, nor, after using the service, unjustly dispute the credit card payments through their bank by submitting a chargeback request. All administrative costs, attorney fees and bank penalties arising from unjust chargeback requests shall be recovered from the Buyer.
ARTICLE 7 – LIMITS OF ARTIFICIAL INTELLIGENCE TECHNOLOGY, REVISION POLICY AND LIMITATION OF LIABILITY
The artificial intelligence-assisted image and video production offered by Holala is not a deterministic software process (one that always produces exactly the same result from the same input) but has a probabilistic and algorithmic nature based on machine learning. In light of this technological reality, the parties have definitively agreed on the following matters concerning the limits of the service:
7.1. AI Hallucinations and Absence of a Guarantee of Definite Results
Holala is obliged to exercise the utmost diligence (duty of care) to ensure that the algorithms offered through the Platform, the integrated APIs and the visual templates operate at the most current technological standards as of the relevant date. However, given the current global capacity, developmental stage and technical nature of generative artificial intelligence (generative AI) models, it is always within the realm of possibility that the images produced may feature disproportionate product dimensions, color and texture deviations, human models exhibiting physical and anatomical errors (for example, asymmetrical facial features, extra or missing fingers, disproportionate limbs), or illogical pixelations referred to as artificial intelligence artifacts (AI hallucinations).
The Buyer uses the service knowing and accepting this experimental and probabilistic nature of artificial intelligence technology. Such technical limits and visual deviations do not constitute a software "defect" in the legal sense, incomplete performance or breach of contract. Holala under no circumstances gives any undertaking as to results or any guarantee that the Final Output produced will match the Buyer's subjective commercial expectation, artistic vision or 100% absolute physical reality. Productions failing to meet expectations cannot be made grounds for a refund.
7.2. Absence of a Traditional Revision Process and Re-Production
The logic of "giving feedback (revisions) to a designer to have the same image corrected manually", as applied in traditional digital marketing, creative design or photography agencies, does not apply on the Holala Platform. The artificial intelligence process is not a manual pixel-editing operation. If the Buyer dislikes a produced Output, finds it faulty or wants a different version (Variation) of it, they must re-trigger the system through the Platform with the same template and the same prompts (commands), or with modified commands, and request a new production.
Each new production, variation or artificial intelligence-based correction request triggered through the system shall be deemed a brand-new artificial intelligence operation running the servers in the background. For this reason, every attempt made until a satisfactory result is reached causes the amount of Credits/Tokens envisaged for such operations to be automatically collected from the Buyer's balance. The Buyer may not request free re-production under the name of "revision".
7.3. Third-Party API Integrations and Technical Interruptions
In operating the Platform infrastructure and performing heavy artificial intelligence operations, Holala makes use of global third-party artificial intelligence model and cloud infrastructure providers such as fal.ai, OpenAI, Google Vertex AI and AWS for image and text processing operations. These services depend on international internet networks and on the server status of these major technology companies.
Instantaneous outages (downtime) that may occur on the servers of these third-party services, API rate limits being reached, global censorship or content-filtering updates, cyberattacks or country-level internet access restrictions are beyond Holala's direct control. Therefore, Holala cannot be held responsible for delays in production processes, instantaneous system errors or the temporary suspension of the service.
Holala's total financial liability (liability cap) under this Preliminary Information Form and the agreement to be concluded is, in the face of any and all legal claims, definitively limited to the total service fees actually paid by the Buyer to Holala within the last 3 (three) months preceding the event giving rise to the dispute. The Buyer may under no circumstances direct any compensation claim at Holala for indirect damages, loss of profit, data loss, missed advertising campaign opportunities or reputational losses allegedly suffered due to being unable to use the Platform or due to an error in a produced image.
ARTICLE 8 – EXCEPTION TO THE RIGHT OF WITHDRAWAL, CANCELLATION AND REFUND POLICY (DIGITAL CONTENT SCOPE)
The nature of the service subject to this Preliminary Information Form is regarded, within the scope of the Distance Contracts Regulation and the relevant consumer legislation, as the provision of digital content performed instantly. Furthermore, since Holala's customer portfolio consists predominantly of B2B (merchant) transactions, the cancellation and refund conditions are subject to extremely specific and strict rules. The Buyer declares that, before assuming any payment obligation, they have read, understood and accepted the following refund restrictions and exceptions to the right of withdrawal in full:
8.1. Cases in Which the Right of Withdrawal Cannot Be Exercised (Exception Provision)
Subparagraphs (ğ) and (h) of the first paragraph of Article 15, entitled "Exceptions to the Right of Withdrawal", of Law No. 6502 on Consumer Protection and of the Distance Contracts Regulation No. 29188 (including the amendments under No. 31932) are perfectly clear. Accordingly, "contracts concerning services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer" and "contracts concerning services whose performance has begun, with the consumer's approval, before the expiry of the withdrawal period" are among the definitive exceptions to the unconditional 14-day right of withdrawal granted to consumers by law.
The transaction carried out through the Holala Platform falls precisely within this scope. From the moment the Buyer purchases Credits/Tokens, the Credits are loaded into the subscriber's account within seconds and/or the Buyer triggers the artificial intelligence infrastructure by pressing the image/video production button on the system, performance of the digital service is deemed to have begun with the Buyer's express approval and the service is deemed to have been provided instantly in the electronic environment. From this technical and legal stage onwards, the Buyer may definitively not exercise the right of withdrawal on the grounds that they have changed their mind about using the service, do not like the outputs or no longer need the service, and may not demand a refund of the amount paid. As for Customers transacting in the capacity of merchants (B2B), since the provisions of Consumer Protection Law No. 6502 shall not find any application whatsoever, the consumer-specific right of withdrawal never arises at all in such commercial contracts.
8.2. Subscription Cancellation and Prohibition of Mid-Period Refunds
The Buyer may cancel their active subscription, which is charged automatically to their credit card, on a self-service basis via the account panel (dashboard) on the Platform before the end of the current billing period, or may initiate the cancellation process by giving written notice to the support unit. Once the subscription cancellation request has been processed in the system, no collection is made from the Buyer's registered credit card for the next billing period and the subscription is not renewed.
However, it must be emphasized that, in cancellations made mid-period, no refund whatsoever is made of the subscription fee paid in advance for the current active period (whether partially, calculated by days or by unused credits). The Buyer retains the right of access to the Platform until the last day of the subscription period and may continue to benefit from the Platform services until the end of the term by using the existing Credit/Token balance remaining in their account. At the end of the term, the subscription and the remaining credits become inactive.
8.3. Refund of Unused Credits and Exceptional Cases
As a rule, no refund is made for individually purchased credit packages or for Credits/Tokens allocated under a subscription but not used by the Buyer within their validity period (the relevant billing period). Unused entitlements are automatically deleted upon expiry.
Nevertheless, Holala reserves the right — entirely at its own commercial initiative and discretion — in extraordinary situations such as a prolonged global-scale outage of the Platform's servers, the integrated artificial intelligence APIs remaining out of service for days, or the Buyer suffering a documentable serious systemic grievance not arising from their own fault, to allocate additional credits (compensation tokens) to the relevant account instead of making a refund, in order to remedy the Buyer's grievance. The exercise of such an initiative does not give rise to a vested right, a precedent practice or an obligation of a continuing refund policy on the part of Holala. In the highly exceptional monetary refund transactions expressly approved by Holala, the refund operation is carried out directly via the iyzico panel, by transfer to the credit card or bank account used by the Buyer at the time of payment. Holala is not responsible for delays in crediting arising from bank processes.
ARTICLE 9 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, LICENSE AND CUSTOMER MATERIALS
On artificial intelligence (AI)-based production platforms, intellectual property law has a complex, globally contested and multidimensional structure with respect to both the inputs uploaded to the system and the outputs produced by the artificial intelligence. The Buyer accepts in advance the allocation of intellectual property rights, their obligations and the license terms applicable during their use of the Platform, within the detailed framework below:
9.1. Holala's Intellectual Property Rights and Platform Ownership
The ownership of all source codes forming the basis of the Platform, of the databases, interface designs (UI/UX), trademark, logo, domain name, artificial intelligence model weights integrated into the system or specially trained by Holala, data processing algorithms, visual templates, command chains (prompt engineering architecture) and every kind of software, visual and auditory design on the site, together with all moral and economic copyrights under Law No. 5846 on Intellectual and Artistic Works (FSEK), belongs exclusively to Holala (Elif Simge Eren Şahıs Şirketi). The Buyer may not subject the Platform or its interface to reverse engineering in any manner, may not use bots employing data scraping (web scraping) methods on the Platform, may not copy or sell the system infrastructure, the template structures or the operating logic of the algorithms, and may not develop a competing product/service using this infrastructure. Breach of this rule constitutes grounds for immediate termination of the agreement for just cause and for an action for damages.
9.2. Legal Responsibility for Customer Content (Input)
The Buyer expressly declares, accepts and undertakes that they hold a valid and lawful ownership right, a license or all legal usage permissions required to include such materials in artificial intelligence processing operations, with respect to all Customer Content (product photographs, inspiration images, brand logos, custom corporate identity kits, model faces) that they upload to the Platform for the artificial intelligence model to process and use as reference.
Any and all legal, administrative and criminal liability arising from the content, photographs or logos uploaded by the Buyer to the system infringing the copyrights, registered trademark rights, patents or industrial designs, trade secrets, personality rights, privacy of private life or personal data of third parties or institutions (for example, facial photographs of third parties taken without consent) shall rest exclusively with the Buyer. The Buyer is directly responsible for any and all formal notices, copyright actions, legal proceedings or claims for material compensation directed at Holala by third parties, right holders or official authorities on such grounds. Holala reserves the right of recourse against the Buyer for the compensation, in cash and in a lump sum upon first written demand, of all financial burdens, including any direct damage, indirect damage, reputational loss and attorney fees it may incur as a result of such infringements.
9.3. Produced Final Outputs (Output) and Commercial Use License
It is known and accepted by the parties that subjecting digital images and videos produced with artificial intelligence tools to a full transfer of ownership (copyright ownership transfer) within the framework of the FSEK and universal copyright law norms is legally doubtful, varies from country to country and constitutes a grey area (owing to the human creativity element, originality criteria and the debates surrounding algorithmic production).
Owing to these technical and legal constraints, instead of undertaking a traditional transfer of ownership over the Final Outputs produced by the Buyer through the Platform by spending Credits/Tokens (product photographs, social media videos, advertising creatives, etc.), Holala grants the Buyer a non-exclusive, perpetual, worldwide and fully paid-up broad commercial use right (license) so that the Buyer may freely use these outputs on their own e-commerce sites, on their social media accounts, in digital advertising campaigns, in printed marketing channels and in any and all of their commercial activities as they wish, without limitation of time, without geographic or territorial limitation and without limitation on the number of copies.
The Buyer accepts that they know that these images are produced in the background using third-party global APIs with artificial intelligence infrastructure (e.g., fal.ai, Midjourney, OpenAI infrastructures), and that they shall not hold Holala legally liable in the event of future changes in legal regulations or copyright objections arising within the framework of the universal terms of use of global AI platforms.
ARTICLE 10 – PROHIBITED CONTENT, ACCEPTABLE USE POLICY (AUP) AND ABSENCE OF EXCLUSIVITY
Holala applies an extremely strict Acceptable Use Policy (AUP) in order to establish the safe use of artificial intelligence technology in conformity with ethical values and with national/international law.
10.1. Prohibited Acts and Content Restrictions
The Buyer may under no circumstances produce, upload, convert or disseminate the following content using the Platform infrastructure, by entering prompts into the system or by uploading reference images:
a) Pornographic (NSFW), sexually explicit or obscene materials,
b) Images promoting violence, blood, brutality or unlawful acts,
c) Content containing hate speech, racism or overt discrimination directed at a particular race, religion, gender or minority,
d) Child abuse, pedophilia or any kind of unlawful imagery contrary to child safety,
e) Fake content that injures the personality rights, honor and dignity of third parties, or that defames public figures or ordinary citizens (deepfakes, disinformation materials, etc.),
f) Any content manifestly contrary to public order, general morality, the laws of the Republic of Türkiye or international conventions.
When the automatic security filters (NSFW filters) of Holala's own systems or of the third-party APIs of its infrastructure providers detect such use, they may immediately block the production operation and halt the process. Upon detection of a prohibited-content violation, Holala reserves the right to suspend the account immediately, without any prior warning or notification to the Buyer, to unilaterally terminate the subscription for just cause, to cancel all Credits in the balance without refund and, where necessary, to report the matter to the judicial authorities.
10.2. Absence of Exclusivity
The Holala Platform is a scalable cloud service open to general use in the B2B SaaS market. Holala may simultaneously serve multiple brands operating in the same commercial sector (for example, simultaneously in the textile, cosmetics, furniture or retail sector) that are direct competitors of one another. The Buyer may not demand any sector-based, regional, geographic or design exclusivity from Holala, nor request a non-compete undertaking that would prevent services from being provided to a competing firm. Holala's service capacity and customer portfolio are entirely subject to free market conditions.
ARTICLE 11 – PROTECTION OF PERSONAL DATA (KVKK), CONFIDENTIALITY AND DATA SECURITY
Holala attaches the highest level of corporate importance to the security and confidentiality of, and to the protection of the personal data of, the Buyer, the employees of the Buyer's organization and the data uploaded to the Platform. Personal data processing operations are conducted in strict compliance with Law No. 6698 on the Protection of Personal Data (“KVKK”) and the relevant secondary legislation, within the framework of the "Information Notice", the "Privacy Policy" and the "Policy on the Processing and Protection of Personal Data" separately published and accessible on the Platform.
11.1. Data Processed, Purposes and Financial Security
The identity data provided by the Buyer at the registration stage (name, surname, title), contact data (e-mail, mobile phone), invoicing/tax information and technical usage data such as the IP address and device information at login are processed on the basis of the legal grounds of the establishment and performance of the Agreement, the conduct of invoicing processes in compliance with the applicable legislation, the execution of collection transactions via iyzico, the assurance of system security (error detection, debugging and bot/DDoS protection) and the performance of commercial communication activities (pursuant to Article 5 of the Law: Performance of the Contract, Legal Obligation and Legitimate Interest).
It must be specifically noted that the credit card details entered by the Buyer at the time of payment (Card Number, Expiry Date, CVV) are under no circumstances stored on Holala servers, local disks or database log records. These critical financial data are transmitted instantly, over a secure (256-bit SSL encrypted) connection, directly to iyzico, the licensed payment institution, are tokenized (converted into encrypted tokens) within the iyzico infrastructure, and subscription collections are securely carried out via these tokens.
11.2. Customer Materials, Cloud Processing and Transfer of Data Abroad
The product photographs, brand kits, prompts (commands) and reference materials uploaded to the system by the Buyer are transferred to the Platform infrastructure for the purpose of carrying out the artificial intelligence production (as required for the Performance of the Contract). Since the APIs of global-scale third-party services such as fal.ai, Google Cloud, AWS or OpenAI may be used intensively in image processing operations, the uploaded data may be instantly transferred to and processed on the international (overseas) servers of these API providers. The Buyer accepts that, as they are receiving a cloud-based AI service, this instantaneous data traffic is inherent to the nature of the business.
11.3. Responsibility for Biometric Data (Face Models) and Commercial Confidentiality
The Buyer may, using the Platform, upload to the system facial photographs of real persons in order to create a "brand mannequin" or to fit a particular face onto their products (biometric geometry processing). In such cases, the responsibility for duly obtaining the "Explicit Consent" of the real persons whose photographs are uploaded (model, employee or third party) within the scope of Law No. 6698 on the Protection of Personal Data (KVKK), for completing the legal permissions and for fulfilling the disclosure obligation rests entirely, from A to Z, with the Buyer. Holala is, at this point, solely in the position of a "Data Processor" infrastructure provider and is not responsible for complaints arising from the unauthorized use of facial data.
Furthermore, Holala attaches great importance to commercial confidentiality. Holala shall definitively not share, display or disclose the confidential product photographs uploaded by the Buyer to the Platform (for example, launch products not yet placed on the market, new-season textile prototypes), confidential logos or the commercial creatives produced using them, in Holala's own publicly accessible reference library, portfolio or social media advertisements, without the Buyer's express written consent. (However, cases in which the Buyer has granted the Platform a general or specific reference permission under the membership terms or a separate consent instrument are excepted.)
ARTICLE 12 – TERMINATION OF THE AGREEMENT AND SUSPENSION OF ACCESS
The agreement and subscription relationship to be concluded on the basis of this Preliminary Information Form shall remain in force for as long as the Buyer keeps their account on the Platform active and does not cancel their subscription. The Buyer is free to cancel their subscription through the Platform at any time, with effect from the end of the period. Conversely, Holala is entitled, upon the occurrence of any of the following breach events, to suspend the Buyer's account immediately and to unilaterally terminate the agreement with immediate effect for just cause, without granting the Buyer any prior notice period and without any need to serve a formal notice:
1. Failure to complete the subscription renewal collection from the Buyer's registered credit card or bank account, and failure to complete the payment despite the short additional period (grace period) automatically granted by the system,
2. The Buyer's use of the Platform for fraudulent transactions, cyberattacks, reverse engineering attempts, excessively straining system capacity beyond API quotas (DDoS and similar bot attacks) or searching for/exploiting security vulnerabilities,
3. Intentional violations of the Prohibited Content (AUP) policy expressly set out in Article 10 of this Form or of the intellectual/industrial rights of third parties (trademark, copyright, etc.),
4. Serious or persistent breach of the terms of use, the confidentiality principles or the rules of commercial good faith.
If the agreement is terminated by Holala for just cause under these provisions, no refund or compensation whatsoever shall be paid in respect of any unused Credit/Token balance remaining in the Buyer's account. Furthermore, in the event of termination, the Buyer's obligation to pay all outstanding invoice debts accrued up to the termination date and to compensate any damage caused to Holala shall continue in full.
ARTICLE 13 – RESOLUTION OF DISPUTES, GOVERNING LAW AND COMPETENT AUTHORITIES
In any and all disputes that may arise from the application, the interpretation of the provisions and the performance of this Preliminary Information Form and of the Distance Service Agreement to be concluded between the parties, Turkish Law shall apply directly, without regard to any conflict-of-laws rules.
In B2B (Merchant-to-Merchant) Commercial Transactions: Where the Buyer is a legal entity (Limited, Joint-Stock, etc.), a sole proprietorship or a merchant transacting for commercial/professional purposes (the main body of Holala's customer base), the commercial provisions of the Turkish Commercial Code (Law No. 6102) and the Turkish Code of Obligations (Law No. 6098) shall apply to the resolution of disputes. The İstanbul (Çağlayan) Courts and Enforcement Offices shall have exclusive jurisdiction over the resolution of all disputes arising in this context. In this contractual relationship between merchants, consumer legal remedies (Consumer Arbitration Committees, Consumer Courts, etc.) may not be resorted to. All digital records kept electronically on Holala's cloud system servers, in the Airtable panel, in the database logs and in the iyzico panel, together with the e-mail correspondence between the parties, shall be deemed conclusive, binding and the sole valid evidence (Exclusive Evidence Agreement) pursuant to Article 193 of the Code of Civil Procedure (Law No. 6100) (HMK).
In B2C (Consumer) Transactions: In cases where it is established that, owing to the open nature of the Platform infrastructure, the Buyer has transacted for non-commercial and non-professional purposes, purely in the capacity of an end consumer (within the scope of Law No. 6502), the Buyer may submit their complaints and objections regarding the service to the Provincial or District Consumer Arbitration Committees of the place where they purchased the goods or service or of the place where their own residence is located, within the monetary limits updated and announced for each calendar year by the Ministry of Trade of the Republic of Türkiye. In disputes exceeding the monetary limit, the Consumer Courts shall have jurisdiction.
ARTICLE 14 – ELECTRONIC APPROVAL, ACCEPTANCE AND COMPREHENSIVE DISCLOSURE DECLARATION
The Buyer accepts that they have examined, one by one, the matters explained above in an extremely detailed, transparent and comprehensible manner in 14 main articles and their subparagraphs. In this context, the Buyer declares that they have read — and have understood all technical and legal details of — Holala's corporate title and contact information; the essential characteristics of the digital artificial intelligence service offered (product photo processing, template use, video/image production); the risks of AI hallucination and the absence of any guarantee of results; the fact that, since the service is a digital process performed instantly, the right of withdrawal under Law No. 6502 may definitively not be exercised; the subscription cycle and the Credit/Token consumption principle; the payment/collection processes, inclusive of VAT, via the iyzico infrastructure; the fact that intellectual property is limited to a commercial use license; the customer content obligations; the KVKK data processing and overseas transfer policies; and the dispute resolution methods.
The Buyer irrevocably accepts, declares and undertakes that, in respect of all of these matters, they were provided with prior information electronically, in clear, complete and comprehensible language, before the conclusion of the Agreement or the execution of any payment transaction.
The Buyer is aware that, from the moment they tick the statement “I have read and approve the Preliminary Information Form” on the payment pages or registration screens of the Platform, or click buttons such as “Make Payment”, “Start Subscription”, “Buy Credits” or “Start Production” in the electronic environment, all of the terms written in this Form are legally binding upon them. The Buyer accepts and undertakes in advance that this transaction gives rise to a lawful commercial payment obligation and that they have signed, of their own free electronic will, this Preliminary Information Form, which is an integral and constitutive part of the principal Distance Service Agreement to be concluded.
This Preliminary Information Form, consisting of 14 (fourteen) articles and detailing the rights and obligations of the parties, has been read and approved by the parties in the electronic environment and has entered into force; as required by legal obligations, a copy of this Form shall be sent electronically, via a durable data storage medium, to the Buyer's e-mail address registered in the system, together with the e-invoice and the Distance Service Agreement.
Questions? Email support@holala.ai.









