This Business Membership, Subscription and Service Agreement ("Agreement");
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 FuudUp's website and web-based business panel and/or benefits from FuudUp's business-oriented services
is entered into electronically.
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, purchases a subscription, or performs transactions on the Business Account accepts, declares, 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 determine the rights and obligations of the Parties regarding business profile creation and management, editing of business information, digital menu and QR Menu, management of photos and visuals, management of operating hours and contact information, adding links, creating campaigns and offers, viewing statistics and analytics, free and paid business packages, subscription, payment, invoicing, and other digital business services provided by FuudUp to restaurants, cafés, bars, and other eligible food and beverage businesses.
FuudUp's business-oriented management services are provided primarily through the FuudUp website and web-based Business Panel.
The Business Member;
through the website and/or web-based Business Panel provided by FuudUp.
Information entered or updated by the Business Member via the web may be reflected on the Business Profile displayed to Users in the FuudUp mobile application for the relevant business.
Unless expressly stated otherwise by FuudUp, the FuudUp mobile application is not a business management panel provided for the Business Member to manage its business account.
FuudUp business services are primarily intended for businesses operating in the food and beverage sector.
Within this scope, restaurants, cafés, coffee shops, bars, bakeries, patisseries, dessert shops, and other businesses offering food and/or beverages may create a Business Account if deemed appropriate by FuudUp.
The fact that a business is a commercial enterprise alone does not entitle it to benefit from FuudUp business services.
Applications from businesses whose main field of activity is not food and beverage, such as healthcare institutions, law firms, automotive businesses, and beauty centers, may be rejected by FuudUp.
FuudUp has the right to assess whether a business's field of activity is appropriate for the Platform's food and beverage focus.
The Business Member is obliged to provide the information requested when creating an account through the FuudUp website or Business Panel 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 or documents to verify the authenticity of the business, its field of activity, whether the Business Profile belongs to the relevant business, and the authority of the person acting on behalf of the business.
FuudUp may also assess whether the application is appropriate for the Platform's food and beverage field of activity.
If the requested information is not provided, cannot be verified, is not current, is misleading or false, or the business is not deemed appropriate for FuudUp's field of activity, FuudUp may;
The Business Representative;
accepts, declares, and undertakes that they are authorized.
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, employees, and other authorized persons authorized by the Business Member.
The Business Member is responsible for the 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, to the extent FuudUp has no fault.
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.
The Business Member may manage the Business Profile to be displayed to Users in the mobile application through the FuudUp Business Panel.
The Business Member may create, edit, or update through the Business Panel, in particular;
Information and changes saved by the Business Member through the Business Panel may be reflected on the Business Profile in the mobile application depending on technical processing times.
The Business Member accepts that information provided or changed through the Business Panel may be displayed to Users in the FuudUp mobile application and other digital channels provided by FuudUp.
FuudUp may review information entered by the business before or after publication where it deems necessary.
FuudUp may provide all or part of the following services to the Business Member free of charge or subject to the purchased Paid Package:
Which services the Business Member may benefit from depends on the scope of the free services used or the Paid Package purchased.
FuudUp may add new features to the Platform, improve existing features, or make changes to certain features for technical, legal, commercial, or security reasons.
The following regarding the Paid Package;
is shown to the Business Member through the FuudUp website or Business Panel before the purchase is completed.
The package description and order summary shown during purchase form an integral part of the relevant Business Subscription and this Agreement.
The Business Subscription is valid for the monthly, annual, or other subscription period specified during purchase.
Unless otherwise stated, the subscription period begins on the date the Paid Package is assigned to the Business Account.
Digital delivery of the purchased service is completed when the Paid Package is assigned to the Business Account and the relevant services within the package scope are made available for use through the Business Panel.
If the package includes information, links, campaigns, or other features to be displayed in the mobile application, these may be reflected in the mobile application in accordance with the information provided by the Business Member through the Business Panel.
Following 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 or failing to complete required verification procedures.
Auto-renewal applies only where this is clearly stated on the purchase or payment screen and accepted by the Business Member.
Where auto-renewal applies, the Business Subscription may renew for the same subscription period or the period specified during purchase unless the Business Member cancels the subscription before the renewal date.
The fee 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 perform a package upgrade or downgrade where offered by FuudUp.
When a package change will take effect, how the price difference will be calculated, and whether credit will be applied for unused time shall be determined according to the terms shown before the transaction.
The Business Member's Paid Package and Business Subscription purchase transactions are carried out through the FuudUp website or web-based Business Panel.
The payment and collection process for business subscriptions is conducted separately from paid subscriptions offered to individual Users within the mobile application.
Payments for business subscriptions are made through the web payment infrastructure provided by FuudUp.
Payment made by the Business Member is the fee for the Paid Package and digital business services directly provided by FuudUp.
FuudUp does not collect such payment on behalf of any User, restaurant, content creator, or other third party.
Payments may be processed through iyzico or other authorized payment institutions and banks with which FuudUp works.
During payment, card and payment information may be processed through the secure infrastructure of the relevant payment institution.
FuudUp may process information necessary to carry out the payment and subscription process, such as payment amount, payment date, transaction result, limited information relating to the payment method used, transaction number, and invoicing information.
Invoices are issued based on the invoicing information provided by the Business Member during membership or payment.
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, to the extent FuudUp has no fault.
If payment cannot be completed, is rejected by the bank or payment institution, is withdrawn, is subject to dispute or chargeback, or is not made on time, FuudUp may notify the Business Member and suspend the Paid Package, limit access to paid services, or terminate the subscription.
The Business Member may cancel the Business Subscription through the subscription management area provided on the Business Panel 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 FuudUp Cancellation, Refund and Digital Delivery Terms 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. Mandatory consumer rights remain reserved where any transaction is deemed a consumer transaction under applicable legislation.
A Business Profile relating to a business in the FuudUp mobile application may exist before the relevant business creates a FuudUp business account.
The Business Profile may have been created based on content provided by Users, publicly available business information, and other information obtained by FuudUp in a lawful manner.
The Business Member may request to claim and manage the relevant Business Profile via the web after completing the required verification procedures.
If more than one profile exists for the same business, FuudUp may merge profiles, verify the business connection, or grant profile management authority to the verified Business Representative.
Closing the Business Account does not require the Business Profile in the mobile application to be completely deleted.
Posts, comments, reviews, photos, videos, and other User Content created by Users may remain on the Platform as content belonging to the relevant Users.
The Business Member is obliged to provide accurate, current, complete, and non-misleading information with respect to;
published through the Business Panel or provided to FuudUp.
The Business Member must update changed information within a reasonable period.
If business information is found to be false, misleading, outdated, unlawful, or in violation of third-party rights, 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 through the Business Panel 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 or Business Profile.
The Business Member is responsible for product safety, compliance with food legislation, hygiene, product content, allergen disclosures, and the products and services offered to its customers.
Campaigns and offers created by the Business Member through the Business Panel may be displayed to Users in the mobile application if deemed appropriate by FuudUp.
The Business Member is obliged to state clearly, accurately, and understandably with respect to a campaign;
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 may not publish campaigns or offers that are not actually offered, misleading or deceptive, contain fake discounts, contrary to legislation, or infringe third-party rights.
FuudUp may remove campaigns it deems to have such characteristics from publication or suspend them until review is completed.
Users may share posts, photos, videos, comments, ratings, reviews, and other content relating to businesses in the FuudUp mobile application.
Such content reflects the views and experiences of the relevant Users.
Claiming or managing the Business Profile by the Business Member via the web does not grant ownership, editing, deletion, or unlimited intervention rights over content created by Users.
A negative review alone is not sufficient grounds for removal of content.
The Business Member may report content it believes to be contrary to law, the FuudUp Community Guidelines, or a genuine user experience to FuudUp.
Decisions on removal, limiting visibility, or retaining content on the Platform are made by FuudUp within the framework of applicable legislation and Platform rules.
The Business Member;
Where a fee, gift, discount, or other benefit is provided to a User in exchange for a positive review or content, the relevant commercial relationship must be stated clearly and understandably where required by legislation.
FuudUp may limit the visibility of a Business Member found to have manipulated review or statistics systems, remove relevant content, or suspend the Business Account.
The Business Member is obliged to;
The Business Member;
The Business Member may add links through the Business Panel to its own website, reservation systems, online ordering platforms, social media accounts, and other third-party services.
These links may be displayed to Users on the Business Profile in the mobile application.
FuudUp is not a party to products and services offered by third parties and is not responsible for the availability, security, content, prices, transaction and delivery processes, or privacy practices of such services.
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.
The Business Member may not send commercial electronic messages to FuudUp Users without required consent or other legal basis.
FuudUp processes personal data relating to the Business Member and Business Representatives for purposes including creation of membership, verification of the business, 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 relevant KVKK texts.
The Business Member is obliged to obtain personal data of employees, representatives, or other third parties transferred to FuudUp lawfully and to satisfy the legal conditions required to transfer such data to FuudUp.
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, Business Panel, design, algorithms, database, brand, logo, domain name, text, visuals, interface, statistics system, and 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 this Agreement and the services used.
The Business Member accepts that it has the necessary rights to Business Content added to the Business Panel 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 for Business Content to be used by FuudUp 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 rights or permission.
FuudUp may provide the Business Member with statistics such as profile views, map views, post views, link clicks, campaign views, campaign usage, and similar metrics through the Business Panel.
These statistics are based on FuudUp's technical measurement methods and accessible data. Differences may occur due to User permissions, device settings, network conditions, technical limitations, and measurement methods.
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 location, prices, products, service quality, and others.
FuudUp makes the necessary effort to provide the Business Panel and services within the package scope within reasonable technical standards.
Temporary interruption or performance degradation may occur on the Platform due to planned maintenance, updates, security work, technical failures, internet or infrastructure outages, third-party service provider issues, cyberattacks, or force majeure.
FuudUp does not guarantee uninterrupted, error-free, or fully compatible service on every device and browser.
Short-term delays may occur for technical reasons in reflecting an update made through the Business Panel on the Business Profile in the mobile application.
FuudUp may temporarily suspend the Business Account or Paid Package or, where necessary, close the Business Account in the following cases:
Where the breach can be remedied, FuudUp may, if it deems appropriate, give the Business Member a reasonable period to remedy the breach.
In cases of serious or repeated breach, fraud, fake account, threat to Platform security, or other serious violations, FuudUp may terminate the Agreement immediately.
The Business Member may also apply to close the Business Account through the Business Panel or via info@fuudup.com.
When the Business Account is closed, the Business Member's access to the Business Panel may end and services provided under the Paid Package may be disabled.
Closing the Business Account does not require the Business Profile in the mobile application to be completely removed.
Posts, comments, photos, videos, and reviews created by Users may remain on the Platform as content belonging to the relevant Users.
Business information obtained from public or other lawful sources may continue to remain on the Platform within FuudUp's business model and applicable legislation.
Termination of the Business Member's access to the Business Panel does not require deletion of User Content.
Payment, invoice, transaction, and agreement records required to be retained by legislation may be kept for the relevant legal periods.
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, or other 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 or the services offered 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.
Amendments causing an increase in the price of a Paid Package or a material change in core scope shall not apply retroactively within the current paid subscription period, except in cases of security, legal obligation, or urgent technical necessity.
Such changes may be notified to the Business Member before the renewal period to which they will apply.
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 other contact information provided by the Business Member during membership or payment may be used 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, commercial books kept in due form, payment and invoice records, electronic transaction records, email and support correspondence, system, access, and security records, and approval and transaction records on the Platform may be used as 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 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.
Mandatory consumer rights remain reserved where a dispute is deemed a consumer transaction under applicable legislation.
The Business Member declares that;
This Agreement enters into force when the Business Member checks the relevant approval box through the FuudUp website or Business Panel, creates a Business Account, or begins to benefit from business-oriented services.
Effective Date: 10.09.2026
Last Updated: 10.09.2026