This Business Membership, Subscription and Service Agreement ("Agreement") is entered into electronically between GALA İLAÇ VE YAZILIM SANAYİ TİCARET ANONİM ŞİRKETİ ("FuudUp"), located at Yahyakaptan Mahallesi, Demokrasi Caddesi No: 36/B, 41101 İzmit/Kocaeli, and the natural or legal person ("Business Member") that creates a business account through the FuudUp website, mobile application, business panel, or relevant payment page and/or benefits from FuudUp's business-oriented services.
FuudUp and the Business Member shall each be referred to as a "Party" and collectively as the "Parties."
The natural person who creates an account on behalf of the Business Member, accepts this Agreement, or performs transactions on the Platform declares, acknowledges, and undertakes that they are authorized to act on behalf of the relevant business and to bind the business to this Agreement.
The subject of this Agreement is to regulate the rights and obligations of the Parties regarding the business profile, digital storefront, QR menu, campaign and offer publishing, link sharing, analytics and statistics viewing, business account management, subscription, and other digital services provided by FuudUp to restaurants, cafés, bars, and other food and beverage businesses.
This Agreement is the general agreement governing the Business Member's membership on the Platform, use of the business account, and benefit from free or paid business services.
The name, scope, price, duration, payment, and renewal terms of a purchased package may also be regulated through the order summary shown to the Business Member during payment, package descriptions, and the Cancellation, Refund and Digital Delivery Terms.
Terms used in this Agreement shall have the following meanings:
The Business Member is obliged to provide the information requested when creating a Business Account accurately, completely, and in an up-to-date manner.
FuudUp may request all or part of the following information and documents from the Business Member:
FuudUp may request additional information and documents to verify the identity, activity, connection with the business, or authority to represent the Business Member.
If the requested information and documents are not provided, cannot be verified, are not current, or are found to be false, FuudUp has the right to:
The Business Representative declares, acknowledges, and undertakes that they are authorized to:
The person who performed the transaction and the Business Member shall be liable to the extent they are legally responsible for transactions carried out by an unauthorized person and for damages suffered by FuudUp or third parties as a result of such transactions.
The Business Account may be used by business owners, managers, and employees authorized by the Business Member.
The Business Member is responsible for all transactions and activities carried out on the Platform by persons granted access to the Business Account.
The Business Member is obliged to:
FuudUp is not responsible for damages arising from the Business Member's failure to protect access credentials or from transactions of persons authorized by the Business Member.
The Business Account may not be transferred, sold, leased, or sublicensed to another business without FuudUp's prior written approval.
In the event of business transfer, change of trade name, branch transfer, or change of authorized person, the Business Member must apply to FuudUp to update account information.
Depending on the purchased package and features made available on the Platform, FuudUp may provide all or part of the following services to the Business Member:
The Business Member may benefit only from the features and usage rights included in the package purchased.
FuudUp may add new features to the Platform, improve existing features, or make changes to certain features for technical, legal, commercial, and security reasons.
The following information regarding the Paid Package is shown to the Business Member before the payment is completed:
The package description and order summary shown during payment form an integral part of this Agreement.
The Business Subscription is valid for the monthly, annual, or other subscription period specified during payment.
The subscription period begins on the date the Paid Package is assigned to the Business Account. If a different start date is shown on the payment screen, that date shall apply.
Delivery of the purchased service is completed when the Paid Package is assigned to the Business Account and the features included in the package are made available for use.
After successful completion of payment, the service is activated automatically or, where additional verification is required, within a reasonable period.
FuudUp is not responsible for delays caused by the Business Member providing incomplete or incorrect information, failing to submit required verification documents, or technical deficiencies in the business account.
Auto-renewal applies only where this is clearly stated on the payment or purchase screen and accepted by the Business Member.
Where auto-renewal is accepted, the Business Subscription may renew for the same subscription period or the period specified during payment unless cancelled by the Business Member before the renewal date.
The price applicable at renewal may be the current package price notified to the Business Member before renewal.
Packages without auto-renewal expire automatically at the end of the subscription period.
The Business Member may request a package upgrade or downgrade where offered on the Platform.
Whether a package change will take effect immediately or at the end of the current period, how the price difference will be calculated, and whether credit will be applied for unused time shall be determined according to the terms shown to the Business Member before the transaction.
Payment made by the Business Member is the fee for subscription and digital services directly provided by FuudUp.
FuudUp does not collect such payment on behalf of any restaurant, café, bar, content creator, User, or other third party.
Amounts collected under a business subscription are not transferred to third parties unless expressly stated otherwise.
Payments may be processed through iyzico or other authorized payment institutions and banks with which FuudUp works.
During the payment process, card and payment information may be processed through the secure infrastructure of the relevant payment institution.
FuudUp may process limited information necessary to carry out payment and subscription processes, such as payment amount, payment date, transaction result, payment method, transaction number, and invoicing information.
Invoices are issued based on the invoicing information provided by the Business Member during payment or membership.
The Business Member is responsible for ensuring that tax number, trade name, address, and other invoicing information are accurate and up to date.
FuudUp is not responsible for incorrect invoicing due to inaccurate or incomplete information provided by the Business Member.
If payment:
FuudUp may notify the Business Member and suspend the Paid Package, limit access to paid features, or terminate the subscription.
The Business Member may cancel the Business Subscription through the subscription management area provided on the Platform or via info@fuudup.com.
Unless expressly stated otherwise, cancellation takes effect at the end of the current paid subscription period.
The Business Member may continue to benefit from purchased services until the current period ends.
Cancellation of the subscription does not mean that previously collected subscription fees will be refunded automatically.
The Cancellation, Refund and Digital Delivery Terms published on the Platform apply to cancellation, refund, duplicate charges, incorrect payments, failure to activate the service, and digital delivery matters.
Purchases made by the Business Member within the scope of commercial or professional activities constitute a business-to-business commercial service relationship. However, mandatory consumer rights remain reserved where any transaction is deemed a consumer transaction under applicable legislation.
The Business Member accepts that the following information published on the Platform or provided to FuudUp will be accurate, current, complete, and not misleading:
The Business Member is obliged to update changed information within a reasonable period.
A profile relating to a business on the FuudUp Platform may have been created before the Business Member created an account, based on information obtained from Users or publicly available sources.
The Business Member may request to claim and manage the business profile after completing the required verification.
If more than one profile exists for the same business, FuudUp may merge such profiles, verify the business connection, or grant profile management authority to the verified Business Representative.
If business information is found to be:
FuudUp may correct or remove the relevant information or limit the visibility of the Business Profile.
Responsibility for menu, product, content, price, and other information published by the Business Member on the Platform or within the QR Menu belongs to the Business Member.
The Business Member is obliged to:
FuudUp is not the party that prepares, sells, or offers to consumers the products listed in the QR Menu. The Business Member is responsible for product safety, compliance with food legislation, hygiene, content and allergen disclosures, and the products and services offered to its customers.
All legal and commercial responsibility for campaigns published by the Business Member belongs to the Business Member.
The Business Member is obliged to state the following campaign information clearly, accurately, and understandably:
The Business Member is obliged to honor campaigns published on the Platform and in effect in the manner announced to Users who meet the campaign conditions.
The Business Member is responsible for claims that may arise from failing to honor a valid campaign without justified reason or applying conditions different from those announced.
The Business Member may not publish campaigns or offers that are:
FuudUp may remove such campaigns from publication without prior notice or suspend them until review is completed.
Comments, ratings, photos, videos, and other reviews published on the Platform by Users reflect the views of the relevant Users.
A negative review alone is not sufficient grounds for removal of content.
The Business Member may report content believed to violate Community Guidelines, law, or a genuine user experience through the Platform's reporting mechanisms to FuudUp.
The Business Member may not:
Where a fee, gift, discount, or other benefit is offered to a User in exchange for a positive review, this relationship must be stated clearly and understandably.
FuudUp may limit the visibility of a Business Member found to have manipulated the review system, remove relevant content, or suspend the Business Account.
The Business Member is obliged to:
The Business Member may not:
The Platform may provide links to websites, reservation systems, online ordering platforms, social media accounts, or other services of the Business Member or third parties.
FuudUp is not a party to products and services offered by third parties and is not responsible for such services' availability, security, content, prices, transaction and delivery processes, or privacy practices.
The Business Member is obliged to ensure that links added to the Platform are secure, valid, and lawful.
FuudUp may send service messages to the Business Member regarding membership, security, payment, invoicing, subscription, service changes, and support processes.
Promotional, marketing, campaign, and commercial opportunity electronic messages are sent in accordance with the approval of the Business Member or Business Representative where required by applicable legislation.
If the Business Member uses a feature that enables sending commercial messages to Users through the Platform, it is responsible for ensuring that message content and delivery comply with legislation.
The Business Member may not send commercial electronic messages to Users without required consent or legal basis.
FuudUp processes personal data relating to the Business Member and Business Representatives for purposes including creation of membership, establishment and performance of the agreement, payment and invoicing, security, support, communication, fulfillment of legal obligations, and improvement of services, in compliance with applicable legislation.
Detailed information on the processing of personal data is set out in the FuudUp Privacy Policy and KVKK Disclosure Text.
The Business Member accepts that personal data of employees, representatives, customers, or other third parties transferred to the Platform has been obtained lawfully and that it is authorized to transfer such data to FuudUp.
The Business Member is obliged to provide required disclosures and obtain consents or other legal processing conditions for personal data processing.
FuudUp may remove personal data it deems to have been provided unlawfully by the Business Member or limit access to the relevant feature.
The Business Member may access personal data of Users only within the scope of the relevant Platform feature, in accordance with User preferences and to the extent permitted by applicable legislation.
Business Membership or purchase of a Paid Package does not grant the Business Member ownership or unlimited use rights over contact information or other personal data of FuudUp Users.
Intellectual and industrial property rights in the FuudUp Platform, software, design, algorithms, database, brand, logo, domain name, text, visuals, interface, statistics system, and all other FuudUp content belong to FuudUp or the relevant rights holders.
The Business Member is granted only a limited, non-transferable, non-exclusive right of use within the scope of the Agreement and the purchased package.
The Business Member accepts that it has the necessary rights to Business Content added to the Platform or has obtained the necessary permissions from the relevant rights holders.
The Business Member grants FuudUp a limited, royalty-free, non-exclusive license valid for the term of the Agreement to use Business Content for:
This license does not mean that ownership of Business Content is transferred to FuudUp.
The Business Member may not use trademarks, logos, photos, videos, music, text, or other content of third parties without necessary permission.
The Business Member providing the relevant content is responsible for claims arising from infringement of third-party rights.
FuudUp may provide the Business Member with statistics such as profile views, map views, link clicks, post views, campaign views, campaign usage, and similar metrics.
These statistics are based on FuudUp's technical measurement methods and accessible data. Differences may occur due to device settings, user permissions, cookie preferences, network conditions, measurement methods, and technical limitations.
FuudUp does not guarantee:
The Business Member accepts that FuudUp services are digital tools supporting business operations and that commercial results depend on many factors including the business's prices, service quality, location, products, campaigns, and others.
FuudUp makes reasonable efforts to provide the Platform and package services within reasonable technical standards.
FuudUp cannot guarantee that there will be no temporary interruption or performance degradation on the Platform due to:
FuudUp does not guarantee uninterrupted, error-free, or fully compatible service on every device.
Compensation or refund that may apply in the event of prolonged service interruptions attributable to FuudUp shall be assessed under the terms of the purchased package and the Cancellation, Refund and Digital Delivery Terms.
FuudUp may temporarily suspend the Business Account or Paid Package in the following cases:
Where the Business Member's breach can be remedied, FuudUp may, if it deems appropriate, give the Business Member a reasonable period to remedy the breach.
FuudUp may terminate the Agreement immediately and close the Business Account in the following cases:
The Business Member may apply to close the Business Account through the Platform or via info@fuudup.com.
Closing the account does not mean that fees collected for the current paid period will be refunded automatically.
Upon termination of the Agreement:
FuudUp is not a party to food, beverages, products, services, reservations, orders, campaigns, or other transactions offered by the Business Member to its own customers.
The Business Member is responsible for:
FuudUp's liability is limited, subject to mandatory legislative provisions, to direct damages reasonably foreseeable and arising directly from FuudUp's fault.
FuudUp shall not be held liable for loss of profit, loss of customers, loss of reputation, loss of data, or indirect and consequential damages except to the extent of intent or gross negligence.
The Business Member shall be responsible, in proportion to its fault and liability, for third-party claims, administrative sanctions, and legal proceedings directed against FuudUp due to the Business Member's:
FuudUp may amend this Agreement due to legislation, security, technical infrastructure, product development, or commercial necessity.
Changes may be published on the Platform or notified to the Business Member electronically.
Changes causing an increase in the price of a Paid Package or a material reduction in core features shall not apply retroactively within the current paid subscription period, except in cases of security, legal obligation, or urgent technical necessity.
Such changes shall be notified to the Business Member before the following renewal period.
Changes requiring separate approval under legislation shall not take effect without the Business Member's approval.
Natural disasters, fire, flood, earthquake, epidemic, war, terrorism, riot, strike, lockout, decisions of public authorities, legislative changes, internet and communication infrastructure failures, power outages, cyberattacks, and similar events beyond the reasonable control of the Parties shall be deemed force majeure.
A Party unable to fulfill its obligations due to force majeure shall not be held liable for delay or non-performance while the effect of force majeure continues.
The email address and contact information provided by the Business Member during membership or payment shall be deemed valid for notices between the Parties.
The Business Member is obliged to update changes to contact information without delay.
FuudUp may send notices regarding account, payment, subscription, security, package changes, and services through:
Where legislation prescribes a specific notice method, the relevant legislative provisions shall apply.
The Parties agree that in disputes arising from this Agreement, the following shall constitute legally valid evidence:
The Parties' rights to present other evidence and prove their claims under applicable legislation remain reserved.
The Business Member may not assign its rights and obligations under this Agreement to third parties without FuudUp's prior written approval.
FuudUp may assign this Agreement and rights and obligations arising from it to its affiliates, subsidiaries, or third parties within the scope of merger, division, transfer of operations, restructuring, or transfer of the relevant business line.
If any provision of this Agreement is invalid, unlawful, or unenforceable, the validity of the other provisions shall not be affected.
The invalid provision shall be deemed replaced by the valid provision closest to the legal and commercial result intended by the Parties with that provision.
For the Business Member, the following documents form an integral part of this Agreement to the extent relevant:
If there is a conflict between the order summary and special package terms relating to a specific purchase and this Agreement, the special terms shall prevail only with respect to that purchase.
Mandatory legislative provisions remain reserved.
The laws of the Republic of Turkey shall apply to the interpretation and application of this Agreement.
Kocaeli Courts and Enforcement Offices shall have jurisdiction over disputes arising from transactions carried out by the Business Member within the scope of commercial or professional activity.
Where a dispute is deemed a consumer transaction under legislation, the consumer's right to apply to the competent consumer arbitration committees and consumer courts at the consumer's place of residence or where the transaction was made remains reserved.
The Business Member declares that:
This Agreement enters into force when the Business Member checks the relevant approval box electronically, creates a Business Account, or begins to benefit from business-oriented services.
Effective date: 21.07.2026