SaaS SERVICE AGREEMENT
Last Updated: 2026-02-01 Version: 2026.04
1. PARTIES
This Cloud-Based Software (SaaS) Service Agreement (hereinafter referred to as the "Agreement") is entered into between the following parties:
Provider: MERS YAZILIM VE TEKNOLOJİ HİZMETLERİ LİMİTED ŞİRKETİ
Address: Karaman Mah. Ceylan(170) Sk. No: 1 İç Kapı No: 1 Nilüfer/Bursa Turkey
MERSIS No: 0618090558600001
Email: info@digitable.ai
Customer: The natural or legal person who accepts this Agreement by creating an account on the Platform and purchasing a subscription plan. Customer information is the information declared during the account creation and payment process.
The Provider and the Customer are hereinafter collectively referred to as the "Parties".
2. SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this Agreement is the determination of the rights and obligations of the Parties in relation to the Provider making the Digitable digital menu platform (https://digitable.ai and https://app.digitable.ai) available to the Customer via the internet under a SaaS (Software as a Service) model.
The software is hosted in data centres designated by the Provider (Germany) and remains on the Provider's servers at all times. The ownership of the software or source code is not transferred to the Customer; only usage rights within the scope of the selected plan are granted.
This Agreement forms an integral whole together with the Terms of Use, Privacy Policy, Cookie Policy, Content Policy, and Cancellation and Refund Policy published on the Platform. The current texts of these policies are accessible through the Platform.
3. SERVICE DESCRIPTION AND FEATURES
The Platform encompasses the following services:
- Digital Menu Management: Category, product, price, description, allergen, and nutritional information management; multi-language support,
- QR Code Management: Creation of customisable QR codes and redirection to menu pages,
- AI-Powered Content Generation: Generation of product images, promotional videos, menu translations, and text content using AI technologies (credit-based usage),
- Analytics and Reporting: QR code scan statistics and menu view analytics,
- Team Management: Multi-user accounts and role-based authorisation,
- Multi-Location Management: Management of multiple branches from a single account.
The detailed scope of the service is determined by the selected subscription plan. Plan features and limits are published on the Platform's pricing page.
4. SUBSCRIPTION PLANS AND CREDIT SYSTEM
4.1. Subscription Plans
The Customer subscribes to the service by selecting a monthly or annual subscription plan through the Platform. Each plan includes different feature sets, user numbers, location limits, and credit quotas.
Plan changes (upgrades or downgrades) may be made on a self-service basis through the Platform.
4.2. Credit System
AI content generation and certain advanced features operate through a credit-based consumption system:
- Welcome Credits: Credits granted free of charge within the scope of a plan upon new subscription commencement.
- Top-Up Packages: Additional credits purchased on a one-off basis, independent of the subscription.
- Usage: The credit amount required for each AI operation is displayed to the Customer prior to the operation.
- Validity: Credits are valid for the duration of the active subscription. Unused credits are cancelled upon termination of the subscription.
5. PRICING AND PAYMENT CONDITIONS
The service fee is determined according to the subscription plan selected by the Customer and the top-up packages purchased. Current prices, inclusive of taxes, are published on the Platform's pricing page.
- Customers in Turkey: Payments are processed via iyzico Ödeme Hizmetleri A.Ş.
- International Customers: Payments are processed via Paddle.com Market Limited. Paddle acts as the "Merchant of Record".
Subscription fees are collected automatically according to the selected payment period (monthly/annual). Automatic renewal shall take place at each billing period unless the Customer cancels the subscription.
The Provider reserves the right to change pricing. Price changes shall not affect the current subscription period; they shall take effect from the next renewal period. The Customer shall be notified of price changes at least 30 days in advance. Detailed conditions relating to price changes (monthly/annual plan distinction, notification periods, cancellation rights) are set out in the Distance Sales Agreement.
6. USAGE RIGHTS AND RESTRICTIONS
The Customer undertakes to use the software only in a lawful manner and in compliance with this Agreement.
The Customer may not:
- Share account credentials (username, password, API keys) with third parties,
- Use the software for reverse engineering, source code extraction, or copying purposes,
- Engage in activities that threaten the security or operation of the Platform,
- Use the Platform to create content that breaches the Content Policy.
The Customer permits the Provider to process data created by the Customer whilst using the Platform (menu content, images, product information) for the purpose of service provision and to display such data on publicly accessible menu pages.
7. AI SERVICES AND DATA TRANSFER
The Platform uses third-party service providers for AI-powered content generation:
| Country | Purpose of Use |
|---|---|
| United States | AI-powered image generation, text generation, translation, and content moderation |
By using the AI content generation services on the Platform, the Customer consents to the transfer of product images, text information, and menu data to these third-party providers.
The Provider does not guarantee the quality, accuracy, or fitness for purpose of AI-generated content. The Provider is not responsible for interruptions or errors arising from third-party providers in AI services.
8. WARRANTY AND LIABILITY
The Provider shall make reasonable efforts to ensure the general operation of the service but does not guarantee uninterrupted or error-free operation.
The Provider shall not be liable for data loss, loss of profit, business interruption, or any indirect damages that may occur directly or indirectly.
The Provider's total liability shall be limited to the service fees paid by the Customer in the preceding 12 months.
The Customer is solely responsible for the accuracy, currency, and legality of all content uploaded or created through the Platform (product names, descriptions, prices, images, logos, etc.). The Provider shall not be liable for any damages arising from user content.
9. CONFIDENTIALITY AND DATA PROTECTION
The Parties undertake to keep all information obtained within the scope of this Agreement confidential.
The Provider shall protect and process the Customer's personal data in accordance with Turkish Law No. 6698 on the Protection of Personal Data (KVKK) and the European Union General Data Protection Regulation (GDPR).
Detailed information on the processing of personal data is set out in the Privacy Policy.
10. DATA STORAGE, BACKUP, AND SECURITY
The Provider is obliged to store data processed within the scope of the service in a secure environment. Data storage takes place on data centre infrastructure operating in Germany.
The Provider shall take the necessary current security measures against unauthorised access, data loss, cyber attacks, and malicious software.
The Customer is responsible for protecting their own access credentials (password, etc.) and must immediately notify the Provider in the event of unauthorised use.
If the Customer processes personal data belonging to third parties (customer information, employee information, etc.) through the Platform, the Customer is responsible for taking appropriate technical and organisational measures to protect such data.
11. CUSTOMER COOPERATION OBLIGATION
The Customer is responsible for providing all information necessary for the provision of the service completely and accurately to the Provider.
The Customer is responsible for reporting technical issues encountered in the use of the service to the Provider as promptly as possible.
The Customer is responsible for taking necessary security measures in their own infrastructure (internet connection, devices, etc.) to ensure system security.
12. TERM OF THE AGREEMENT AND TERMINATION
This Agreement enters into force when the Customer creates an account on the Platform and purchases a subscription plan, and remains valid for the duration of the subscription.
12.1. Termination by the Customer
The Customer may cancel their subscription at any time through the Platform. Cancellation takes effect at the end of the current billing period; service usage continues until the end of the period.
12.2. Termination by the Provider
The Provider may unilaterally terminate this Agreement in the following cases:
- The Customer's breach of this Agreement or site policies,
- Payment obligations delayed by more than 30 days,
- Activities that threaten Platform security,
- Binding decisions from legal authorities.
13. DATA RETURN AND DELETION
Following the termination of the Agreement, the Provider shall, upon the Customer's request, make data created by the Customer available for download in an appropriate format (CSV, JSON, etc.).
From the date of the Customer's account deletion request or subscription termination, data shall be retained for the retention periods specified in the Privacy Policy, after which it shall be permanently deleted.
Data required to be retained under legal obligations (invoice and payment data: 10 years; legal acceptance records: 10 years) falls outside these periods.
14. CANCELLATION AND REFUND
Conditions relating to subscription cancellation, credit refunds, and the right of withdrawal are set out in detail in the Cancellation and Refund Policy.
15. SERVICE LEVEL COMMITMENTS (SLA)
15.1. Uptime
The Provider targets a minimum annual uptime rate of 99%. Planned maintenance is excluded from this calculation.
Planned maintenance shall be carried out during low-traffic hours where possible and shall be notified at least 48 hours in advance through the Platform or by email.
15.2. Support
- Email Support: Via info@digitable.ai, during business days 09:00-18:00 (UTC+3).
- Response Time: Critical issues (Platform completely inaccessible): response within 4 hours. Standard issues: response within 1 business day.
15.3. Data Backup
The Provider performs daily automated backups. Backups are retained for a minimum of 30 days.
16. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the Republic of Turkey. In the event of disputes between the Parties, the Courts and Enforcement Offices of Bursa shall have jurisdiction.
Customers located in the EU/EEA may also exercise their rights under the consumer protection legislation of their own country.
17. FINAL PROVISIONS
This Agreement enters into force when the Customer creates an account on the Platform, purchases a subscription, and ticks the relevant consent checkboxes.
The Provider reserves the right to update this Agreement as necessary. Material changes shall be notified to the Customer at least 30 days in advance. By continuing to use the service after changes are made, the Customer is deemed to have accepted the updated Agreement.
18. CONTACT
MERS YAZILIM VE TEKNOLOJİ HİZMETLERİ LİMİTED ŞİRKETİ
Address: Karaman Mah. Ceylan(170) Sk. No: 1 İç Kapı No: 1 Nilüfer/Bursa Turkey
Email: info@digitable.ai