Distance Sales and Service Agreement
This is an English translation of the Turkish original, provided for convenience. The Turkish version is the original text.
1. Parties
PROVIDER
- Company: EDDANETWORK Yazılım Ltd. Şti.
- Address: Uncalı Mah. 1280 Sk. H Blok Sitesi H Blok No: 8h İç Kapı No: 2 Konyaaltı / Antalya, Türkiye
- MERSİS: 0324121096300001
- Trade registry: Antalya Trade Registry, no. 145075
- Tax ID: 3241210963
- Support, notices and complaints: info@fantygen.com · contact form
BUYER
The Buyer’s details are the full name or company name, address, email, phone number and, where applicable, corporate billing details (Turkish ID or tax number) the Buyer enters on the payment page. They are shown in the order summary and included in the copy of this agreement sent to the Buyer’s email address with the order confirmation.
2. Subject and nature of the service
This agreement governs the AI-assisted image and video generation service, and any subscription or generation credits, that the Buyer purchases at fantygen.com. The Buyer can use the service by uploading photos, videos or audio. Generating sexual content is outside the scope of the service. No physical product is delivered.
A Buyer acting for purposes outside their trade or profession is a consumer. Consumer-specific provisions apply to other Buyers only to the extent required by law. The content and usage rules in the User and Service Agreement are made available before the order.
3. Order and price information
- Order number and date: Created when the payment is confirmed; shown in the order summary, in the payment history on the Plan & billing page and in the confirmation email.
- Plan or service: A monthly subscription plan (Starter, Pro or Studio) or an extra credit pack added to an active plan; the selected item is shown in the order summary. Current plans are listed on the pricing page.
- Essential features; file type, resolution and video length: Images are delivered as image files; videos and editor exports as MP4. Resolution, aspect ratio and video length depend on the selected model and are shown on the generation screen before each generation. Models and their features are listed on the models page.
- Usage quota, credit amount and consumption per operation: Each plan’s monthly credits, monthly export minutes and parallel generations are stated on the pricing page and in the order summary. The credits each generation will use are shown before it starts.
- Start, end and validity: A plan starts when the payment is confirmed and runs for a one-month period; plan credits expire at the end of the period. Extra credit packs are valid for 90 days from the date they are added and require an active plan. Plan credits are used first, then the credits that expire soonest.
- Technical requirements and compatibility: A current web browser and an internet connection. No software installation is needed.
- Download and access period: Generated files and editor projects remain accessible and downloadable in the Buyer’s account at app.fantygen.com until the Buyer deletes them or closes the account.
- Functional limits and technical protection measures: No watermark or copy protection is added to Outputs. Requests that break the acceptable use rules are blocked by automated safety checks.
- Total price including taxes and currency: The total price including taxes is shown in US dollars (USD) in the order summary before the payment is confirmed.
- Additional costs: None. Currency conversion or foreign transaction fees charged by the card issuer are not collected by the Provider.
- Payment method and payment provider: Credit or debit card; payment is taken on iyzico’s secure payment page with 3D Secure. Card details never reach the Provider.
- Payment type and subscription period: Plans are monthly subscriptions; extra credit packs are one-off payments.
- Renewal terms and subsequent charges: A subscription renews at the end of each period from the same card, at the monthly price in the order summary, until cancelled. Price changes are announced before the next renewal.
- Cancellation and termination channel: The “Cancel renewal” button on the Plan & billing page at app.fantygen.com, or an email to info@fantygen.com.
This information is clearly presented to the Buyer before the order and forms part of the confirmed order. No additional charge is collected unless it was clearly shown and confirmed. Usage periods or credit expiry conditions do not apply against the Buyer unless disclosed before the order.
4. Pre-contract information and formation of the agreement
Before the order, the Provider clearly informs the Buyer of its identity and contact details, the essential characteristics of the service, the total price, the payment and performance terms, the duration, any renewal and termination terms, the right of withdrawal and any applicable exceptions. The Buyer can review this information and correct the order details before confirming.
The agreement is formed when the Buyer confirms the order step that is clearly marked as creating an obligation to pay. The pre-contract information and the text of this agreement are sent to the Buyer by email or another durable medium. Accepting this agreement does not count as pre-contract information that was not actually given, and does not remove the Provider’s burden of proof.
5. Payment and start of the service
The Buyer pays the total price in the order summary using the selected payment method. Once the payment is confirmed, the service is added to the Buyer’s account or access channel at the time stated in the order. If a payment fails, the start of the service may be held; if the same transaction is charged twice, the excess is refunded.
The Buyer must be authorised to use the payment instrument. Where unauthorised payment is suspected, proportionate verification may be carried out. Rights relating to card and transaction security, the right to dispute unauthorised payments and statutory remedies are reserved. Not every transaction on a User’s account is conclusively attributed to them without further review.
The service is provided after the payment is confirmed, according to the start conditions in the order. If the required consent to early performance has not been obtained, performance starts at the appropriate time. Unless stated as a firm delivery commitment, the generation queue or time estimate is an estimate; agreed delivery times and statutory rights are reserved.
6. Credit consumption and regeneration
A credit represents the generation entitlement defined in the plan it belongs to; it is not independent money, an investment or a means of payment. Before each paid operation, the credits or price to be used and the selected operation settings are shown. Additional operations, upscaling or regenerations that were not clearly confirmed cannot be charged separately.
A generation started with a new prompt, a different model or new settings may be a new operation; its price is shown before it starts. Corrections or re-performance that must be provided free of charge by law because the previous generation was defective are excluded from this clause.
The duration, quota and rollover conditions clearly agreed before the order and legally valid apply. A retroactive expiry period cannot later be introduced for existing credits. Usage consumed under a plan is not restored merely because the Buyer later gives up the service, unless there is a statutory ground for a refund.
7. Failed generations and complaints
If no Output is produced because of a technical error, a corrupt or unopenable file is delivered, or the agreed technical characteristics are not met, the Buyer may contact the support channel with the generation number or transaction details. The Provider reviews the records and corrects wrongly deducted credits, or provides free re-performance and, where necessary, a refund within the statutory remedies. Where a cash refund is legally required, the Buyer cannot be forced to accept credits.
If a request that breaks the usage rules is refused before generation starts, no credits are deducted. If an operation is stopped for safety reasons after it has started and no usable Output is delivered, the mere fact that a sub-provider charges a fee is not a reason to automatically charge the Buyer; the service performed, the conditions disclosed in advance and statutory rights are assessed.
A mere difference in aesthetic taste or the natural variability of AI generation is not on its own a technical failure if the agreed characteristics have been met. This clause does not prevent a justified defect claim or an existing right of withdrawal. No special deadline shortening statutory rights applies to complaints.
8. Subscription renewal and termination
Where there is a subscription, its duration, renewal method, periodic price and cancellation channel are clearly stated in the order summary. No new period is charged automatically without a valid renewal arrangement and the necessary consent. For fixed-term consumer subscriptions, extension at the end of the term is subject to the request or consent requirements of the relevant legislation.
The Buyer may send a termination request through the stated channel in writing or by durable medium. Termination cannot be made subject to conditions more onerous than forming the agreement. Statutory notice periods and the right to a refund for the unused period are reserved. Cancelling a subscription does not remove the consumer’s withdrawal or defective-service rights.
9. Right of withdrawal
Unless a statutory exception applies, a consumer Buyer may withdraw within fourteen days of the day the agreement is formed, without giving reasons and without paying a penalty. It is sufficient to send the withdrawal notice within this period to the Provider’s address above or its email channel, in writing or by durable medium. The statutory consequences of failing to properly inform about the right of withdrawal are reserved.
10. Exceptions to the right of withdrawal and early performance
Under Article 15(1)(ğ) of the Turkish Distance Contracts Regulation, for services performed instantly in electronic form or intangible goods delivered instantly to the consumer, and under Article 15(1)(h), for services whose performance began with the consumer’s consent before the withdrawal period ended, the right of withdrawal cannot be exercised where the statutory conditions are met. The exception and its consequences for the specific order are clearly stated before payment. The fact that a service is digital or that a credit balance has been added does not on its own exclude all plans and periods from the right of withdrawal.
If starting performance before the withdrawal period ends requires the Buyer’s separate consent, that consent is obtained separately from general acceptance of the agreement, using an option that is not pre-ticked. Consent to early performance is not a waiver of statutory rights regarding services not performed or defective. More protective mandatory conditions in the Buyer’s country are reserved.
11. Refunds and defective service
Payments collected are refunded in accordance with the law within fourteen days of receipt of a valid withdrawal notice. The refund is made to the payment instrument the Buyer used, without any cost or obligation. The Buyer cannot be forced to accept credits or a coupon instead of a cash refund.
If the service is defective, the consumer’s statutory rights to have the service performed again, to free repair of the work resulting from the service, to a price reduction or to rescind the agreement, and to compensation, are reserved. The variability of AI responses does not on its own justify a failure to deliver the characteristics promised in the order.
If performance becomes impossible, the Provider informs the consumer in writing or by durable medium within three days of learning of it, and refunds the payments collected in accordance with the law within fourteen days of the notice. A problem at a sub-provider does not on its own remove all performance and refund obligations.
12. Content rights and prohibited requests
The Buyer must hold the rights and permissions needed to process, transform and use the photos, videos, audio and other material they upload. Paying a fee does not transfer third parties’ copyright, trademark, likeness, voice or personal data rights to the Buyer. The service is not provided for sexual content, non-consensual intimate content, child sexual abuse, deceptive impersonation or other prohibited uses.
The Buyer can review in the User and Service Agreement the proportionate access restrictions that may apply in case of a breach. Suspending or closing an account does not automatically forfeit all unused fees. Services performed, legally owed refunds and proven damage claims are assessed separately.
13. Disclaimer and commercial use
No guarantee is given that AI output will always be error-free, unique, free of third-party rights or identical to the Buyer’s aesthetic expectations. No ad success, revenue, views or other commercial result is promised. Before publishing an Output or delivering it to a client, the Buyer carries out the necessary content and rights checks.
The Provider’s intent, gross negligence, data protection obligations, the obligation to deliver the agreed technical characteristics and the mandatory rights of consumers are not removed by these statements. The liability cap for a Buyer who is not a consumer applies with the scope and exceptions of the commercial use clause of the User and Service Agreement, which is made available before the order and validly incorporated into the agreement.
14. Payment disputes and abuse
The Buyer may apply to the payment institution, their bank or the competent authorities regarding an unauthorised or incorrect payment; they are not required to use the support channel first. To assess and respond to a dispute, the Provider may submit the necessary order, payment and performance records to the competent parties to a lawful extent.
Double refunds cannot be obtained. If the price of a service already performed is recovered without valid reason through a knowingly false payment dispute, the Provider may claim its receivable and proven damage through legal channels. Not every payment dispute is treated as fraud; no automatic penalty is applied and unrelated balances are not forfeited because of a dispute.
15. Personal data and disputes
Order, payment and contact data are processed for the performance of the agreement, legal obligations and other relevant legal bases. Details of processing and retention are explained in the separately provided Privacy Policy. Confirming an order is not consent to marketing or general explicit consent.
Turkish law applies; mandatory consumer protection and jurisdiction rules of the Buyer’s country are reserved. In Türkiye, consumers may apply to consumer arbitration committees or consumer courts according to the monetary limits and procedures in force; mandatory mediation rules are reserved. For other disputes, the legally competent authorities have jurisdiction.
16. Withdrawal notice and entry into force
The right of withdrawal can be exercised with the sample text below; using it is not mandatory, and any clear statement is sufficient. The notice can be sent by email, through the contact form or by post to the address above.
“To EDDANETWORK Yazılım Ltd. Şti.: I hereby withdraw from my order described below.”
- Order date
- Order number and service name
- Full name
- Contact address
- Date of notice
- Signature (only on paper)
The agreement enters into force when the Buyer confirms the order electronically. The confirmed order summary and the pre-contract information form are part of the agreement. In case of conflict, mandatory legislation and provisions that must be applied in the consumer’s favour are reserved.