Fernabsatzvertrag

This agreement is required by Turkish law and mainly concerns consumers in Turkey. This English text is a translation for your convenience; if there is any difference, the Turkish version prevails. Consumers elsewhere keep the rights given by the law where they live, and our refund policy applies to everyone.

Article 1. Parties#

1.1 Seller (service provider)#

• Name: By Code Software (Atıf Doğan Özcan) ("Seller" or "By Code Software")
• Address: Atatürk Mah. Turgut Reis Cad. No: 32 İç Kapı No: 6, Karesi / Balıkesir, Türkiye
• Tax office and number: Karesi Vergi Dairesi, 6690456710
• Email: hello@byniche.app
• Phone: [Telefon]
• Website: https://byniche.app

1.2 Buyer#

The person who creates a ByNiche account and provides their name, email address, billing address and country at checkout ("Buyer"). The Buyer's details, as given at checkout, form part of this agreement.

1.3 Payment provider#

Payments are collected through a payment provider acting as merchant of record (currently Paddle). The payment provider collects the payment, issues the invoice or receipt, collects the applicable taxes and processes card details on its own secure infrastructure. The Seller never sees the full card number. The Seller is responsible for providing the service and for the obligations this agreement places on the Seller. The Buyer's rights under Law No. 6502 and related legislation are reserved.

Article 2. Subject#

This agreement sets out the rights and obligations of the parties, in accordance with Consumer Protection Law No. 6502 and the Distance Contracts Regulation, regarding the sale and performance of the ByNiche Pro subscription ordered electronically by the Buyer at https://byniche.app.

Article 3. Main characteristics of the service#

ByNiche is a software service (SaaS) for YouTube creators, used in a web browser. Using public YouTube data, it finds outlier channels, estimates revenue, flags faceless channels, maps niches and offers studio tools. The Pro plan unlocks features that are limited on the Free plan, with the limits shown on the pricing page at the time of the order.

The service involves no physical product, installation or shipping. Revenue, outlier and monetization figures shown in the service are estimates and not investment or financial advice.

Article 4. Price#

Prices are in US dollars. VAT or similar taxes that apply in the Buyer's country are shown separately at checkout, and the total amount is shown to the Buyer before the payment is confirmed. Currency conversion or foreign transaction fees charged by the Buyer's card issuer are outside the Seller's control.

The launch price applies only to Buyers who subscribe during the launch period set by the Seller. These Buyers pay US$9.50 instead of US$19 per month for as long as their subscription remains active without interruption. If the subscription is cancelled and ends, a later re-subscription is charged at the price in effect at that time. The end of the launch period does not affect the launch price of existing subscribers.

Article 5. Payment and renewal#

5.1. Payment is made in advance at checkout, on the payment provider's secure payment page, by credit card, debit card or other methods offered by the provider.

5.2. The subscription renews automatically at the end of each month using the same payment method until the Buyer cancels. Price changes are notified to the Buyer before they take effect and apply from the first renewal after the notice.

5.3. The Buyer can cancel at any time from the account settings or the payment provider's customer portal. Cancelling stops future renewals; Pro access continues until the end of the paid period.

Article 6. Performance (delivery)#

The service is performed electronically by enabling Pro access on the Buyer's ByNiche account immediately after payment is confirmed. There is no physical delivery. If access is not enabled because of a technical problem, the Buyer can notify hello@byniche.app; the Seller will fix the problem without delay or, if it cannot be fixed, refund the amount paid within 14 days at the latest.

Article 7. Pre-contractual information#

The Buyer confirms that, before concluding this agreement, they were informed on the checkout page and in this text about the main characteristics of the service, the total price including taxes, payment and performance terms, the right of withdrawal and its exception, the Seller's contact details and complaint channels, and that they confirmed this information electronically.

Article 8. Right of withdrawal and exception#

8.1. As a rule, consumers may withdraw from a distance contract within 14 days without giving any reason and without paying a penalty.

8.2. However, under Article 15(1)(ğ) of the Distance Contracts Regulation, the right of withdrawal does not apply to contracts for services performed instantly in electronic form or intangible goods delivered instantly to the consumer. ByNiche Pro is a service whose electronic performance starts as soon as payment is confirmed. The Buyer confirms that at checkout they asked for the service to start immediately and know that, because performance began with their approval, the right of withdrawal falls under this exception.

Article 9. Voluntary 14-day refund#

Despite the exception in Article 8.2, the Seller voluntarily commits to the following: within 14 days of the first payment of a subscription, the Buyer may ask for a full refund without giving a reason by writing to hello@byniche.app or through the payment provider's portal. The refund is made to the original payment method within 14 days of the request being confirmed, and Pro access ends. Renewal payments are not covered by this commitment. Details are in the refund policy.

Article 10. Obligations of the parties#

10.1. The Seller must provide the service in line with this agreement and the characteristics presented at the time of the order, and must announce maintenance and interruptions reasonably in advance.

10.2. The Buyer must use the service in line with the terms of service and the YouTube Terms of Service (https://www.youtube.com/t/terms), keep their account credentials confidential and not scrape or resell data.

10.3. In case of serious or repeated breach of the terms of service, the Seller may suspend or close the account following the procedure in the terms of service.

Article 11. Personal data#

The Buyer's personal data is processed in accordance with Personal Data Protection Law No. 6698, as described in the KVKK information notice and the privacy policy.

Article 12. Dispute resolution#

For disputes arising from this agreement, the Consumer Arbitration Committees (Tüketici Hakem Heyetleri) at the Buyer's place of residence or where the consumer transaction took place have jurisdiction within the monetary limits announced each year by the Ministry of Trade, and the Consumer Courts (Tüketici Mahkemeleri) for disputes above those limits. The Buyer may first send complaints and requests to hello@byniche.app.

Article 13. Entry into force#

This agreement is concluded electronically when the Buyer accepts it on the checkout page and completes the payment. A copy is sent to the Buyer's email address and is always available on this page. The Seller keeps the agreement and transaction records for the period required by law.