This document is a draft and is not yet in effect. The final version will be published at this address before sales open.
This is an English translation provided for convenience. If you are a consumer in Turkey, the Turkish version prevails.
1. Parties
Seller and provider: Heysengo, address Çağla Group Plaza, Mithatpaşa Cd. No:116 Kat 2, 34760 Ümraniye/İstanbul, telephone +90 850 305 35 48, email info@heysengo.com. Referred to in this agreement as "heysengo".
Buyer: The person who places the order with a heysengo account. Name, surname and billing details are entered during the order; the email address is taken from the account. Referred to in this agreement as the "Student".
Dodo Payments. If the Student chooses to pay by card, payment is made through Dodo Payments, Inc. and its group companies ("Dodo"). In this sale, Dodo is heysengo's Merchant of Record and reseller. Collecting the payment, issuing the invoice, handling sales tax and making refunds are Dodo's responsibility.
This transaction is also subject to Dodo's buyer terms. Providing the course content, granting the license to use it and the other commitments in this agreement are heysengo's. Dodo's terms do not narrow the Student's rights under this agreement and under Turkish consumer legislation.
2. Subject
The subject of this agreement is the grant of a right to access, over the internet, the heysengo Hey Click package the Student buys. The package content, price, access period and update period are shown on the product page and at the payment step.
In addition to the course, the bundle grants lifetime access to the Hey Click Studio tools and 5 GB of cloud archive. Studio access is not a subscription; with one payment it stays open for as long as the heysengo Hey Click service continues. Generation credits are not part of this agreement; the Student pays their own provider for generation.
The Pre-Contract Information Form and the Terms of Use and Acceptable Use Policy are integral parts of this agreement. If they conflict, the provision more favorable to the Student applies.
3. Price and payment
- The price is the total amount, including all taxes, shown at the payment step. Any amount sent from the client's browser is disregarded; heysengo's server calculates the amount.
- A Student in Turkey pays in Turkish lira. A Student outside Turkey pays in US dollars.
- Card payment. The only payment method is a credit or debit card. Payment is made on Dodo Payments' secure payment page. Card details do not reach heysengo.
4. Performance
- Access opens in the Student's account immediately when the payment confirmation reaches heysengo.
- When access opens, an email is sent to the Student.
- heysengo fixes technical problems that prevent access within a reasonable time. If a problem cannot be fixed and the Student has not been able to reach the content at all, the full price is refunded.
5. Exception to the right of withdrawal
The agreement is for a service performed instantly in electronic form and intangible goods delivered instantly. Under Distance Contracts Regulation, art. 15(1)(ğ), the Student has no statutory right of withdrawal.
When placing the order, the Student also confirms separately that they want immediate access to the content and that they know this consequence. heysengo's voluntary refund guarantee (§6) is not affected by this exception.
6. Voluntary refund guarantee
- The Student may request a refund by writing to destek@heysengo.com within 7 days of the purchase date. On the date of the request, the Student must have opened no more than 10% of the paid lessons. In that case, the full price is refunded without asking for a reason.
- The calculation and the abuse exceptions are set out in the Right of Withdrawal Exception and Voluntary Refund Policy.
Refund method.
- For an order paid through Dodo, Dodo makes the refund on heysengo's instruction.
- The refund is initiated within 14 days at the latest from the day heysengo approves it.
- When the refund is made, the Student's access to this package ends.
7. Obligations of the parties
The Student:
- uses the account personally and does not share it with anyone;
- does not reproduce, republish or sell the content;
- complies with the regional rule and the acceptable use policy of the MiniMax H3 license;
- does the production described in the course in their own accounts and under their own responsibility.
heysengo:
- keeps the purchased content available;
- updates the content during the update period;
- provides support for content and access problems.
The details are in the Terms of Use.
8. Termination
If the Student seriously breaches the Terms of Use, heysengo may suspend or close access. Examples of a serious breach:
- account sharing
- bulk copying or republishing of the content
- breach of the regional rule or the acceptable use policy of the H3 license
heysengo first gives written notice of this by email. For breaches that can be remedied, heysengo gives the Student a reasonable period. No refund is made for access closed because of a license breach. The Student's statutory rights are reserved.
9. Force majeure
If access cannot be provided because of events outside the parties' control, the parties are not held liable for the duration of the event. Examples: natural disaster, war, widespread infrastructure or internet outage, decision of an official authority.
If the interruption exceeds 30 days, the Student may terminate the agreement. In that case, the portion of the price for the period without access, calculated in proportion to the update period, is refunded.
10. Records and notices
- heysengo keeps a record of the confirmations given in the order. Each confirmation is stored with the name and version of the confirmed text and the time of confirmation.
- The confirmed version of this agreement, of the Pre-Contract Information Form and of their annexes can be read at any time from the order page in the Student's account and from the link in the order email.
- Notices between the parties are given by email. heysengo uses the email address in the Student's account. The Student uses info@heysengo.com.
11. Disputes
Turkish law applies to this agreement. The route for applications depends on the amount:
- For disputes whose value is below the monetary limit announced each year by the Ministry of Trade, the application is made to the consumer arbitration committee (Consumer Protection Law No. 6502, art. 68(1)).
- For disputes above these limits, an application can be made to the consumer court, on condition that an application is first made to mediation under Turkish Consumer Protection Law No. 6502, art. 73/A.
The rights of a Student living outside Turkey under the mandatory consumer rules of their place of residence are reserved.
12. Entry into force
The Student confirms this agreement and its annexes electronically during the order. The agreement is formed at the moment the order is confirmed.