This translation is provided for information only; the Turkish text prevails.
Article 1 – Parties
This User Agreement (the “Agreement”) is entered into on the following terms and conditions between Mizanplus Gıda Ticaret Anonim Şirketi (“Mizanplus”), having its registered address at Üniversite Mah. Sarıgül Sk. İstanbul Teknokent No: 37/1 İç Kapı No: 43 Avcılar/İstanbul, registered with the Avcılar Tax Office under tax identification number 6222226119 and MERSİS number 0622222611900001 (email: info@paketmaster.com), and the natural or legal person registering as a user (the “User”) on the domains paketmaster.com and pos.paketmaster.com, their subdomains, and the Paketmaster mobile and desktop applications (collectively, the “Site”). Mizanplus and the User shall each be referred to as a “Party” and together as the “Parties”. This Agreement shall enter into force upon its electronic acceptance by the User (the “Effective Date”) and remain in force unless terminated by the Parties in accordance with its provisions.
The terms “Customer”, “Company” and “Application” used in the Agreement mean the User, Mizanplus and the Site, respectively; where the User registers on behalf of a business, “User” includes both the person registering and the business they represent.
Article 2 – Scope and Subject of the Agreement
The subject of this Agreement is the User's use of Paketmaster, the cloud-based order management platform developed by Mizanplus specifically for delivery businesses and brands (the “Platform”), the technical support, maintenance and updates provided in this context, the data uploaded to or processed through the Platform by the User (“Data”), and the Parties' related commercial terms, rights and obligations. The Personal Data Protection Privacy Notice, Cookie Policy, and package, pricing and support information published on the Site and provided by Mizanplus to Users regarding use of the Site and Platform form annexes to and an integral part of this Agreement and, together with the rights and obligations herein, constitute the entirety of the Parties' rights and obligations.
Article 3 – Term and Termination
This Agreement enters into force upon the User's electronic acceptance of its terms and conditions and remains in force unless terminated by the Parties under one of the termination circumstances below.
The Parties may terminate this Agreement at any time without stating a reason by giving written notice to the other Party by email at least 2 (two) weeks in advance. The User may also terminate the Agreement by cancelling membership through the account settings on the Platform.
If either Party fails to perform its obligations under this Agreement fully and duly, and fails to remedy the breach within the period given despite written notice from the other Party, the notifying Party may terminate this Agreement. If the User commits such a breach, Mizanplus may suspend the User's status until the breach is remedied. If the User violates applicable legislation, Mizanplus may terminate the Agreement for cause with immediate effect.
Termination does not extinguish the Parties' rights and obligations accrued up to the termination date. Upon termination for any reason, the User's use of the Platform shall cease. Within 60 (sixty) days following termination, the User may request, free of charge, delivery of their Data using the Platform's export tools or in a reasonable electronic format. After that period, Mizanplus may delete or anonymize the Data, subject to statutory retention obligations. Upon termination of prepaid memberships, no refund shall be made to the User under any name or account.
Mizanplus may terminate this Agreement if the User's account remains inactive for 6 (six) months. Mizanplus shall notify the User by email at least 15 (fifteen) days before termination.
Article 4 – Mizanplus's Rights and Obligations
Mizanplus declares that it has the expertise and technical infrastructure required to provide the Platform in accordance with the Agreement and the features published on the Site.
Mizanplus acknowledges and undertakes that it is an expert in its field and will exercise the care expected of a prudent merchant with expertise in that field when performing the work.
Mizanplus must comply with applicable legislation when performing the work it has undertaken.
Mizanplus agrees and undertakes to provide services in accordance with the Agreement and to warn the User of potential problems and risks within a reasonable time upon identifying them. If unforeseen problems arise while Mizanplus performs its obligations under the Agreement, Mizanplus shall determine the solution.
Except in cases of intent or gross negligence, Mizanplus's liability under this Agreement is limited to the total fees actually paid by the User to Mizanplus in the 12 (twelve) months preceding the event causing the loss. Mizanplus is not liable for indirect losses such as lost profits, lost business, reputational loss, consequential losses arising from data loss, or third-party claims. During free-use periods, Mizanplus's liability is limited to intent and gross negligence.
Mizanplus shall provide access to the Platform by supplying the User's username and password and shall provide the necessary Updates and Technical Support while this Agreement remains in force.
Training, installation and on-site support are provided only if expressly included in the package purchased by the User or in a separate written agreement between the Parties.
Access to the Platform is provided upon completion of registration. Integrations with Third-Party Services shall be completed within a reasonable time after the User submits all required information.
Mizanplus acknowledges, declares and undertakes that all intellectual and industrial property rights in the Platform belong to it.
The Platform shall be maintained during the Agreement's term as defined within its scope.
When a problem not caused by the User is reported, Mizanplus shall remedy it in accordance with the support principles in Article 8 and keep the User informed of developments. If the User's assistance is necessary to identify the problem, the User shall provide that assistance.
Under this Agreement, Mizanplus shall provide the User only with access to the Platform, integration of the Platform with online food ordering applications, and technical support. For the avoidance of doubt, User-specific settings and additions to the Platform (e.g. product matching, customer-specific settings, setting working hours) are the User's responsibility, and Mizanplus shall not be liable for any related problem.
The Platform integrates with third-party services such as Yemeksepeti, Getir, Trendyol Yemek, Migros Yemek and similar ordering platforms, payment institutions, courier and e-invoicing services (“Third-Party Services”). Third-Party Services are subject to their own terms of use and are outside Mizanplus's control. Mizanplus is not liable for disruptions or lost orders resulting from Third-Party Services changing, restricting or interrupting their access rules or technical interfaces (APIs), or suspending the User's account; in such circumstances, Mizanplus shall endeavor to adapt the integration within a reasonable time.
The Platform is provided “as is” with the features published on the Site. Mizanplus does not undertake uninterrupted or error-free operation; it announces planned maintenance and outages in advance where possible and may cause short interruptions for security updates without prior notice.
AI-assisted features on the Platform (for example, automatic reply suggestions for customer reviews, forecasts and analytical outputs) generate suggestions to assist the User. The User decides whether to review, edit and publish the generated content; Mizanplus does not guarantee its accuracy or suitability for a particular outcome.
Mizanplus shall store and use the information and data shared with it by the User within the scope of the Privacy Notice and Article 11. The User acknowledges that Mizanplus may share the User's information in its possession with competent authorities upon request under applicable legislation. Otherwise, information about the User and their transactions on the Site may be used for the User's security, performance of Mizanplus's obligations and statistical evaluation. Mizanplus may anonymize and aggregate Data and use it indefinitely for Platform development, sector analysis, benchmarking and reporting; anonymized data does not identify the User or their customers.
Article 5 – The User's Rights and Obligations
The User acknowledges, declares and undertakes to provide Mizanplus with the information and assistance necessary for Platform operations and testing, and to supply the User's Secret Key, Store ID, Restaurant ID and any other information required for integration with Third-Party Services within the period specified by Mizanplus. For the avoidance of doubt, if delivery of the Platform is delayed because the User submits this information late, Mizanplus shall have no liability and the User shall have no right to terminate on that ground. The User acknowledges that they are authorized to share this information and connect the relevant Third-Party Service accounts to the Platform and are responsible for complying with those services' rules.
The User acknowledges, declares and undertakes that they are at least 18 years old and have the legal capacity to enter into this Agreement. If accessing the Site on behalf of a business, the User acknowledges and declares that they have the necessary authority. In that case, User status and its rights and obligations shall belong to that business.
The User acknowledges, declares and undertakes to provide all information requested by Mizanplus to use the Platform completely, accurately and up to date. The User shall immediately update any changed information and notify Mizanplus in writing. Mizanplus is not liable for inability to access the Platform or incomplete or improper operation caused by incomplete, inaccurate or outdated information.
The User shall access the Platform using an email address and user password. The User is responsible for keeping the password confidential and secure; any activity performed through the Platform using these credentials is deemed to have been performed by the User, who bears all resulting legal and criminal liability. The User shall immediately notify Mizanplus upon learning of unauthorized use of their password or any other security breach. The User is responsible for actions of staff, couriers and other sub-users invited to their account on the Platform.
The User agrees and undertakes to use the Platform only for lawful activities and to comply with this Agreement, its annexes, applicable legislation and other provisions concerning the Platform.
The User agrees and undertakes not to engage in activities that endanger the security or integrity of Mizanplus's or third parties' computers and networks; not to misuse the Platform or use it in a manner that obstructs or harms the operation of the Platform or other systems providing the services, or other users' use of them; not to gain unauthorized access beyond their permitted scope to the Platform or its host computers; not to transfer or upload files that damage Mizanplus's and/or third parties' computers, devices or software, or unlawful Data (including copyrighted or trade-secret Data and other material the User has no right to use); and not to modify, copy, adapt, reproduce, create source code for or reverse engineer computer programs used to provide services or operate the Platform unless strictly necessary for ordinary use.
The User acknowledges, declares and undertakes that the Platform will integrate with the specified sites and virtual channels and will be limited to those channels unless the Parties agree otherwise in writing.
The User must immediately notify Mizanplus of any question or problem concerning the Platform. The User is responsible for informing restaurant managers of this requirement.
Under all circumstances, the User requests the Platform solely for their own use and may not share it with, allow its use by, rent, sell, assign or transfer it to any third party, including but not limited to companies that may compete with Mizanplus. The User acknowledges, declares and undertakes that otherwise Mizanplus's commercial income would be affected, Mizanplus may therefore immediately terminate this Agreement unilaterally without compensation, and the User shall immediately compensate all loss incurred by Mizanplus upon first demand.
The User shall indemnify Mizanplus against third-party claims, administrative fines and losses arising from the User's use in breach of this Agreement, Third-Party Services' rules or legislation, or from Data uploaded by the User to the Platform.
Article 6 – Fees and Payment
For free membership use, the User shall access the free version of the Platform without paying a fee and may use it free of charge for the period specified on the Site. Mizanplus may change the scope and duration of the free plan by announcing this on the Site.
For paid membership use, the User may benefit from the Platform for the purchased service period only upon full payment of the fees published on the Site using the payment terms and methods published there. Membership renews automatically on the same terms at the end of each period unless the User cancels through the Platform or by written notice before the renewal date. Automatic renewal and cancellation terms are clearly displayed on the purchase screen.
The Platform fee shall be charged automatically to the payment method (credit/debit card, etc.) designated by the User for each periodic renewal. If payment is not made at the end of a renewal period, Mizanplus shall restrict or block access to the Platform until payment is made.
Mizanplus may change Platform fees and payment terms by publishing them on the Site and notifying the User by email at least 30 (thirty) days before their effective date. New fees apply from the User's first renewal period after that date; if the User does not accept the change, they may cancel membership or change their package by the renewal date. No refund shall be made if membership ends for any reason, including termination of the Agreement.
Mizanplus shall send the invoice for the usage fee to the contact address provided by the User at the beginning of the membership period. The User is responsible for taxes and duties relating to the relevant fees. Unless otherwise stated on the Site, fees exclude VAT; invoices are issued as e-archive/e-invoices.
Payments are collected through a licensed payment institution contracted by Mizanplus. Mizanplus does not store card details; for recurring charges, card details are stored only by the payment institution in accordance with Law No. 6493 and PCI DSS standards.
Article 7 – Intellectual Property Rights
Mizanplus acknowledges and declares that it owns or has authority over the Platform and the software, services and data provided to the User under this Agreement, that it is authorized to perform the services hereunder, and that providing these services, allowing Platform use and providing data under the Agreement does not infringe third-party rights. Mizanplus grants the User a non-exclusive, non-transferable and non-sublicensable right to use the Platform solely for their own business during the term. Unless expressly provided, no provision of this Agreement transfers any intellectual property right belonging to Mizanplus to the User. The permission to use granted to the User herein may under no circumstances be interpreted as a transfer of intellectual property rights. Each Party retains the intellectual property and ownership rights it held at the start of the Agreement. The User agrees not to infringe Platform intellectual property rights, copy or transfer the Platform, its source code or any software component protected by intellectual property, or reverse engineer it.
All rights in Mizanplus's services, Platform design, logo, domain name, trademarks, commercial information, any work eligible for copyright protection, intellectual property and know-how are reserved. They may not be used by the User or third parties.
Ownership of and all rights in Data belong to the User. The User authorizes Mizanplus to host and process Data solely to provide the services under the Agreement, ensure security and carry out the anonymous uses specified in Article 4.
Article 8 – Support Terms
Technical support is provided through the Platform's support channel, info@paketmaster.com and other channels announced on the Site, during the support hours published there. Support is remote; on-site support is provided only by separate agreement between the Parties and at the User's expense.
Mizanplus shall determine the severity of problems affecting Platform operation (emergency, high, medium or low priority) according to the service affected. The following periods are targets; for problems caused by Third-Party Services or the User, resolution time depends on the relevant party's intervention.
Emergency Priority Problem:
A problem that puts the entire service out of operation. Mizanplus aims to respond within 2 hours and resolve it as soon as possible.
High Priority Problem:
A problem that puts a subcomponent of the service out of operation or prevents normal operation of the whole (performance problems preventing normal operation of the whole are treated as emergency priority). Mizanplus aims to respond within 1 (one) business day and resolve it within 2 (two) business days.
Medium Priority Problem:
A problem that does not prevent normal operation of the whole service but impairs performance or prevents less important subservices from operating. Mizanplus aims to respond within 3 (three) business days and resolve it within 5 (five) business days.
Low Priority Problem:
A problem that does not prevent normal operation of the whole system but indicates a possible future problem. Mizanplus aims to respond within 5 (five) business days and resolve it as part of planned updates.
The User must create the environment necessary to resolve the problem and provide the information requested by Mizanplus as soon as possible. Time spent awaiting the requested information is excluded from the periods above.
The User must report the problem to Mizanplus through the support channels above. Once the problem is resolved, action records shall be closed after mutual agreement.
Article 9 – Force Majeure
The Parties shall not be liable for failure to perform an obligation under this Agreement for reasons reasonably beyond their control, including but not limited to acts or omissions of government or military authorities, natural disasters, epidemics, raw material shortages, general internet and network failures and matters deemed force majeure by the service provider, cloud infrastructure provider outages, cyberattacks (DDoS, etc.), Third-Party Service outages and changes, transport delays, fires, floods, labor disputes, riots or wars.
Performance of obligations shall resume as soon as the force majeure ends. The Parties may suspend this Agreement until the force majeure ends or terminate it. If force majeure lasts more than 30 (thirty) days, either Party may terminate this Agreement without compensation by giving written notice to the other Party. In a force majeure event, the Parties retain the right to claim payments for work paid for up to the termination date for which no service was received.
Article 10 – Confidentiality
The Parties agree and undertake not to disclose, grant rights over or provide to third parties technical and business information, documents, software, hardware and similar items, including but not limited to written or oral customer and similar information, supplied under this Agreement, learned while working together or relating to the Service, whether acquired before, during or after termination; to consider and treat such information as confidential; not to publish or reproduce it without the other Party's written consent; and, if such consent is given, to comply with its conditions. Each Party shall take the measures necessary to ensure compliance by its personnel and subcontractors and compensate the other Party's loss arising from breach. Information that is public, independently developed by the receiving Party or required to be disclosed by law is not confidential.
Neither Party shall directly or indirectly use the other Party's name or logo or refer to the other Party in press releases, public announcements or press statements about this Agreement or its subject, including promotional or marketing material, without prior permission. Neither Party may use the other Party's trademarks or service marks without written approval, which may be given at that Party's discretion. However, unless the User objects in writing, Mizanplus may display the User's trade name and logo solely as a “Paketmaster user” in reference lists and promotional materials.
Article 11 – Personal Data Protection
11.1 Mizanplus is the data controller under Personal Data Protection Law No. 6698 (the “Law”) for account, contact, usage and payment information concerning the User and their authorized representatives; this data is processed as described in the Privacy Notice.
11.2 For personal data relating to the User's own customers, personnel and couriers processed through the Platform, the User is the data controller and Mizanplus is the data processor. The User is responsible for informing those individuals, obtaining explicit consent where necessary and collecting data lawfully.
11.3 As data processor, Mizanplus processes this data only to perform the Agreement and in accordance with the User's instructions, takes the technical and administrative measures required under Article 12 of the Law, ensures its personnel's confidentiality obligations, informs the User without delay upon learning of a data breach affecting this data, provides reasonable assistance with data subject requests, and returns or deletes data upon termination in accordance with Article 3.
11.4 Data is hosted on servers in the Frankfurt (Germany) region of Mizanplus's subprocessor Amazon Web Services. The User accepts the transfer of data abroad in this context and Mizanplus's use of the subprocessors listed in the Privacy Notice to operate the Platform. Mizanplus ensures that international transfers are made with safeguards compliant with Article 9 of the Law (standard contracts announced by the Personal Data Protection Board, etc.) and announces subprocessor changes on the Site.
11.5 The Parties undertake to process and protect other personal data transferred between them in compliance with the Law.
Article 12 – Amendments to the Agreement
Mizanplus may, at its discretion, unilaterally amend this Agreement by written notice to the email address designated by the User. The written notice shall include the effective date. Changes shall be notified at least 15 (fifteen) days before that date, and the current text shall be published on the Site with its version number and date. If the User does not accept the change, they may terminate the Agreement free of charge by the effective date; continued use of the Platform after that date constitutes acceptance.
Article 13 – Assignment and Severability
The User's assignment of the Agreement or service is subject to Mizanplus's prior written consent. Mizanplus may assign its rights and obligations hereunder to group companies or, upon transfer of the business, to the transferee without prior approval, provided it notifies the User.
If any article or provision is invalid or unenforceable, the remaining articles and provisions remain fully effective. The Parties shall, by mutual agreement, make the necessary arrangements to replace such invalid or unenforceable articles and provisions with others serving the same purpose.
Article 14 – Taxes
Mizanplus shall bear any liability arising for stamp duties, taxes, levies and fees under this Agreement.
Article 15 – Disputes
This Agreement is governed by and interpreted in accordance with the laws of the Republic of Türkiye.
If disputes arising under this Agreement cannot be resolved through mutual discussions, Istanbul Central (Çağlayan) Courts and Istanbul Central (Çağlayan) Enforcement Offices shall have jurisdiction.
The User acknowledges, declares and undertakes that Mizanplus's duly maintained books and records and computer records (including Platform logs, electronic acceptance records and email correspondence) constitute valid, binding, conclusive and exclusive evidence under Article 193 of Code of Civil Procedure No. 6100 in disputes under this Agreement, and that this article constitutes an agreement on conclusive evidence.
Article 16 - Notices
Notices between the Parties shall be valid if sent to the addresses in Article 1 and/or the email addresses designated by the Parties, or to the Platform notification area. Unless changes of address are notified to the other Party in writing, notices sent to the previous address shall have all legal consequences of formal service.
Article 17 – Miscellaneous
The User acknowledges, declares and undertakes that they have been clearly informed of, have read, understood and approved all terms and conditions of this Agreement.
This Agreement is concluded in Turkish; the English translation is for information only, and the Turkish text prevails in case of conflict.
Annexes to the Agreement: (i) the Personal Data Protection Privacy Notice, (ii) the Cookie Policy, (iii) package, pricing and support information published on the Site.
Mizanplus retains the record of the User's electronic acceptance of the Agreement (date, time, accepted version and IP address).