This English text is a translation provided for information only. In the event of any discrepancy, the Turkish version prevails. View the Turkish version
1. The Parties
These Terms of Service (the "Agreement") are deemed concluded electronically between Fenikya (hereinafter "Fenikya") on the one hand and the natural or legal person registering on the fenikya.com website (the "User") on the other, at the moment the User completes registration on the platform.
2. Definitions
- Platform: The e-commerce platform service provided by Fenikya.
- User: The natural or legal person who opens their own online store using the platform.
- End User: The consumer who shops at the store opened by the User.
- Service: All technical infrastructure, software, storage, support and integration services provided through the platform.
- Free Trial: The 14-day trial period the User may use without payment.
3. Subject of the Agreement
The subject of this Agreement is to define the scope of the services Fenikya provides to the User through the platform, the terms of use, the rights and obligations of the parties, pricing, termination and limits of liability.
4. Membership and Account Security
The User undertakes that the information provided at registration is accurate, current and complete. It is the User's responsibility to keep their username and password confidential and not to share them with third parties. The User is responsible for all activity carried out through the account.
Fenikya reserves the right to suspend accounts temporarily or permanently where it identifies suspicious or unlawful activity.
5. Pricing and Payment
Pricing information for the platform is published on the Pricing page. The User is billed monthly or annually according to the subscription plan chosen.
- No card details are requested during the 14-day free trial.
- If no plan is selected at the end of the trial, the account is switched to read-only mode.
- Subscription fees are paid by credit or debit card with 3D Secure authentication through payment infrastructure providers (TAMI or iyzico).
- Unless cancelled, the subscription renews automatically at the end of each period and the invoice for the new period is delivered to the account panel. Card details are not stored and no automatic charge is made; payment is made by the User from the account panel. Automatic renewal can be switched off, or the subscription cancelled, at any time from the account panel.
- Whether prices include or exclude VAT is clearly stated on the relevant page.
6. The User's Obligations
In using the platform, the User agrees to comply with the following:
- To act in accordance with the laws of the Republic of Türkiye, applicable regulations and public morality.
- Not to sell unlawful products or services through the platform (weapons, narcotics, counterfeit goods and the like).
- Not to infringe another user's intellectual property rights.
- Not to distribute spam, malware or malicious code.
- To process end users' personal data in compliance with the KVKK.
- To fulfil tax and invoicing obligations in full.
7. User's Tax and Commercial Obligations
7.1. The User accepts that all obligations relating to sales made through their store — taxes, issuing invoices and documents, ETBİS registration and any obligations under applicable legislation — belong solely to the User.
7.2. A User without a company must accurately declare their tax status (tax exemption or absence of tax registration) during account verification. Fenikya records this declaration; the User is responsible for its accuracy.
7.3. Fenikya is an e-commerce infrastructure provider that does not collect payments on behalf of the User and has no obligation to audit the User's tax status. The User is responsible for any claims or sanctions directed at Fenikya because the User's declarations are untrue or the User fails to meet their obligations.
7.4. Fenikya reserves the right to suspend the account if it detects activity contrary to legislation or if requested by the competent authorities.
8. Fenikya's Obligations
- To keep the platform running without interruption, targeting 99.9% uptime.
- To store User data securely and in compliance with the KVKK.
- To provide technical support and customer service.
- To develop and improve the platform.
- To notify the User as soon as possible in the event of a data security breach.
9. Intellectual Property Rights
The platform's design, software, database structure, logos, imagery and all content belong to Fenikya and are protected by intellectual property law. The User may use the platform only within the scope of this Agreement. Content and products the User uploads to their store remain the User's property.
10. Use for References and Promotion
The User permits Fenikya to use screenshots of the publicly accessible storefront pages of their store, along with the store name, domain name and logo, solely in Fenikya's own promotional and reference materials (website, presentations, social media and printed materials). This permission does not cover product, order, customer or any other personal data; it is limited to storefront content the User has already published publicly.
The User declares that they are entitled to grant this permission for the images and texts published in their store, and that they hold the necessary rights where third-party works, trademarks or images of individuals are used.
The User may withdraw this permission at any time and without giving a reason, by written notice to [email protected]. Fenikya will remove the relevant images and statements from its promotional materials within 15 days of such notice. Withdrawal of the permission does not affect the terms of the service the User receives.
The stores featured in Fenikya's promotional materials do not belong to Fenikya; the relevant brands, logos and content belong to their respective owners.
11. Limitation of Liability
Fenikya cannot be held liable for loss arising from force majeure, third-party service outages (payment or shipping integrations), User error or misuse. Fenikya's maximum liability is limited to the subscription fees paid by the User in the preceding 12 months.
12. Termination
The User may cancel their subscription at any time from account settings. On cancellation, no refund is made for the remainder of the billing period; however the User continues to use the service until the end of that period. Fenikya reserves the right to terminate this Agreement, upon notice, where it identifies a breach of it.
13. Amendments
Fenikya reserves the right to update this Agreement unilaterally. Updates take effect on the date they are published on this page. Significant changes are additionally notified to the User by email.
14. Dispute Resolution
the Istanbul (Çağlayan) Courts and Enforcement Offices shall have jurisdiction over disputes arising from this Agreement. The governing law is the law of the Republic of Türkiye.