EVOS Subscription and Service Agreement

الإصدار 2 · تاريخ السريان: ٢٧ سبتمبر ٢٠٢٦

هذه ترجمة؛ وعند التعارض يُعتمد النص التركي.

Version 2 · Effective date: 28 September 2026

This agreement is offered only to businesses (merchants and similar commercial users) that use the EVOS software service for commercial or professional purposes. The service is not offered to consumers.

Important: Provisions that may be unfavourable to the customer (automatic renewal, the trial period applying only once, restriction of the account in case of late payment, restriction of the account and deletion of data after termination, refund terms, limitation of liability) are written in bold. Please read them before you accept.

Article 1 – Parties

  1. Service provider: Noniux ("Noniux"). E-mail: info@noniux.com. Other business details are provided by e-mail on request.
  2. Customer: The company or business that enters its billing details on the subscription or payment screen and accepts this agreement (the "Customer"). The Customer's trade name, address and tax details are those recorded in the "Billing details" section of the EVOS panel.

Article 2 – Definitions

  • EVOS / Service: The event operating software for buyer-delegation and trade-fair teams, provided by Noniux over the internet at https://evos.noniux.com, and related services.
  • Plan: The subscription package that sets the scope of the Service, limits such as the number of users, and the monthly or yearly fee.
  • Subscription period: A one-month or one-year billing period, depending on the selected plan.
  • Trial period: Where defined in the plan, the period at the start of the Customer's first subscription during which no fee is charged.
  • Customer data: Any data that the Customer and its users enter into, upload to or process through EVOS.
  • User: Employees or authorised persons defined by the Customer in its EVOS account.
  • General manager account: The most senior user role in the Customer account, which can see and manage subscription, payment and billing details and can cancel the subscription in the EVOS panel.
  • Payment institution: The iyzico payment service that collects card payments on behalf of Noniux, and the entity providing that service ("iyzico").
  • Payment link: A time-limited payment page link that Noniux sends to the Customer for one-off services such as onboarding or training.

Article 3 – Subject and nature of the agreement

  1. This agreement governs the rights and obligations of the parties regarding the use of EVOS on a subscription basis.
  2. The Customer declares that it uses EVOS within its commercial or professional activity and does not act as a consumer. The agreement is therefore governed by Turkish Code of Obligations No. 6098 and Turkish Commercial Code No. 6102. If this declaration is untrue and the Customer is legally a consumer, the mandatory provisions of consumer legislation are reserved.
  3. This agreement is concluded by means of distance communication and serves as the contract for providing the Service at a distance.

Article 4 – Conclusion of the agreement and annexes

  1. The agreement is concluded when a person authorised by the Customer accepts it electronically on the EVOS subscription screen or on a subscription link sent by Noniux and starts the payment step. The Customer accepts that the person giving acceptance is authorised to represent it.
  2. The Pre-contract Information, the Cancellation and Refund Terms, the Data Processing Agreement, the KVKK Privacy Notice and the Privacy and Cookie Policy form an integral part of this agreement.
  3. In case of conflict between these texts, the Data Processing Agreement (as regards the processing of personal data), then this agreement, then the other texts prevail, in that order.
  4. This agreement has been prepared in advance by Noniux for use with many customers. Noniux publishes the full agreement at https://evos.noniux.com/legal/saas-terms so that the Customer can read and store it before accepting. Acceptance is given by ticking the acceptance checkbox on the payment screen. EVOS records and stores which version was accepted, by whom and when. On request, the Customer receives a copy of the version it accepted by e-mail.

Article 5 – Provision of the Service

  1. EVOS is a software service that runs in a web browser. The Customer does not receive a copy of the software; it is granted a right of use only for the term of the agreement.
  2. The modules available to the Customer and limits such as the number of users depend on the selected plan and are shown on the order screen.
  3. As a rule, each Customer's business data is kept in a separate database reserved only for that Customer.
  4. Noniux provides the Service with reasonable care; there may be temporary interruptions due to maintenance, updates, security measures or infrastructure problems outside its control. Noniux announces planned maintenance in advance where possible. Noniux does not commit to any specific uptime percentage, availability rate or response time.
  5. Noniux may develop the software and update its interface and functions, provided that it does not change the essential nature of the Service to the Customer's detriment.
  6. Features of EVOS that work with third-party services such as WhatsApp, e-mail or payment depend on the rules and availability of those third parties. The Customer opens the accounts required for such services itself and complies with their terms of use.
  7. Support is provided by e-mail via info@noniux.com, on business days and within a reasonable time.

Article 6 – Accounts, users and security

  1. The Customer account is opened by Noniux, and login details are sent to the first authorised user. The Customer manages other users and their permissions itself.
  2. Only the general manager account can see and manage subscription, payment and billing details; only the general manager account can cancel the subscription in the EVOS panel.
  3. The Customer is responsible for keeping its users' login details confidential, for assigning permissions correctly and for all actions taken through its account. It notifies Noniux immediately if it notices unauthorised use.
  4. The Customer ensures that its billing and contact details are accurate and up to date. The Turkish ID or tax number is stored encrypted and only its last four digits are shown on screen.

Article 7 – Trial period

  1. If a trial period is defined in the selected plan, it applies at the start of the Customer's first subscription; the trial period is currently 14 days. When starting the subscription, card details are entered in the secure form of the payment institution; the first charge is made automatically when the trial period ends.
  2. The trial period applies only once per Customer. If the Customer has started a subscription before, no trial period applies to a new subscription and the first charge is made when the subscription starts.
  3. If the Customer does not wish to pay, it cancels the subscription before the trial period ends in one of the ways described in Article 19. No charge is made if the subscription is cancelled in the EVOS panel during the trial period. Where cancellation is requested by e-mail, for no charge to be made the request must reach Noniux at least 3 business days before the trial period ends.

Article 8 – Fees, taxes and invoices

  1. The monthly or yearly fee of the plan and the currency are shown on the payment screen. Prices shown on the payment screen include VAT. The Customer sees the amount it will pay before the payment step.
  2. Invoices for the amounts collected are issued in accordance with the tax legislation in force and sent to the Customer.
  3. Noniux may change plan prices. A price change is notified to the Customer at least 30 days in advance by e-mail or through the EVOS panel; the new price does not apply to the current subscription period and takes effect from the next renewal. If the Customer does not accept the new price, it may cancel its subscription in one of the ways described in Article 19; the cancellation takes effect at the end of the paid period.

Article 9 – Payment and automatic renewal

  1. Subscription payments are collected by credit or debit card through the payment institution iyzico. Card details are entered in iyzico's secure payment form and stored by iyzico; EVOS and Noniux do not see or store the card number.
  2. The subscription renews automatically at the end of each subscription period for the same plan and period until it is cancelled, and the fee is charged to the registered card.
  3. The payment result is shown on the payment screen. The current subscription, the next charge date and the payment history are shown on the "Subscription and billing" screen of the EVOS panel.

Article 10 – Late payment

  1. If a renewal fee cannot be collected, a warning is shown in the EVOS panel and the Customer can complete payment by updating its card or restarting the subscription.
  2. If payment is not made within 7 days of the first failed charge, the account becomes read-only. Users can then see their data, but changes cannot be saved. Messages and form submissions that reach the Customer from external channels continue to be processed.
  3. If payment is not made within 30 days of the first failed charge, the account is suspended. While suspended, users cannot log in, open sessions are closed and incoming message and form traffic is not processed. Customer data is not deleted because of the suspension.
  4. When payment is received, any restriction applied because of late payment is lifted automatically. A suspended Customer can pay through a subscription link that Noniux sends.
  5. If the suspension lasts more than 30 days, Noniux may terminate the agreement by notice to the Customer by e-mail. In that case Article 20 applies.

Article 11 – One-off services and payment links

  1. For work outside the subscription, such as onboarding, training or additional services, Noniux may send the Customer a payment link with a Customer-specific amount and description. The link is valid for a limited time and cannot be used after it expires.
  2. Payment is taken on iyzico's secure payment page. The payment is not deemed complete unless the amount, currency and link reference match the iyzico record exactly.
  3. The scope and timing of a one-off service are agreed separately in writing (including by e-mail). Refunds are subject to the Cancellation and Refund Terms.

Article 12 – Plan changes

  1. Plan or period changes are made by sending a request to Noniux by e-mail. The same period is not charged twice.
  2. The price of the new plan applies from the next subscription period; no partial credit or refund is given for the current period.

Article 13 – Customer data and personal data

  1. The Customer owns the Customer data. Noniux processes Customer data only to provide the Service, keep it secure and fulfil its legal obligations.
  2. For personal data that the Customer enters into EVOS, the Customer is the data controller and Noniux is the data processor. The parties' rights and obligations in this respect are governed by the Data Processing Agreement, which forms part of this agreement.
  3. The Customer confirms that it collected the personal data it transfers to EVOS lawfully, informed the data subjects as required, and obtained any necessary permissions and consents.
  4. For data that Noniux processes as a data controller in its own right (for example the billing and contact details of the Customer's representative), the KVKK Privacy Notice and the Privacy and Cookie Policy apply.

Article 14 – Acceptable use

The Customer and its users may not use EVOS:

  • to host or distribute unlawful content or to infringe the rights of others;
  • to send commercial electronic messages without the recipients' required consent; the Customer is responsible for the legal compliance of messages sent through EVOS;
  • in a way that endangers the security of the system, other customers' data or the operation of the Service (such as attempts at unauthorised access, malware or excessive automated requests);
  • for reverse engineering, copying or reselling the Service to third parties.

Article 15 – Intellectual property

  1. All rights in the EVOS software, interface, brand and documentation belong to Noniux or its licensors.
  2. The Customer is granted a non-transferable, non-exclusive right of use for its internal business during the term of this agreement.
  3. Noniux may use suggestions and feedback provided by the Customer to improve the product without any obligation towards the Customer.

Article 16 – Confidentiality

The parties keep confidential, during the agreement and after it ends, any business information they learn because of the agreement that is expressly confidential or should be regarded as confidential by its nature; cases required by law and requests from competent authorities are reserved.

Article 17 – Liability

  1. Noniux's total liability under this agreement is limited to the fees paid by the Customer to Noniux in the 12 months before the event that caused the damage.
  2. Noniux is not liable for indirect damage, loss of profit, business interruption, or failures in third-party services (such as the payment institution, messaging providers or internet infrastructure).
  3. These limitations do not apply in case of Noniux's intent or gross negligence (Turkish Code of Obligations No. 6098, Article 115) or in other cases where liability cannot be limited by law.
  4. The Customer is responsible for the accuracy of the data it enters into EVOS, the actions of its users and any damage arising from use contrary to Article 14.

Article 18 – Suspension by Noniux

In case of a serious breach of Article 14, a situation threatening the security of the Service or other customers, or a decision of a competent authority, Noniux may make the account read-only or suspend it to the extent and for as long as necessary. Noniux notifies the Customer by e-mail in advance, except in urgent cases, in which it notifies the Customer as soon as possible.

Article 19 – Term, cancellation and termination

  1. The agreement starts on the date of acceptance and continues, renewing with each subscription period, until the subscription is cancelled.
  2. The Customer can cancel its subscription itself in the EVOS panel: the general manager account uses the "Cancel subscription" button on the "Subscription and billing" screen and confirms the cancellation. A cancellation made in the panel is processed with the payment institution immediately; automatic renewal stops and no new charge is made.
  3. Alternatively, the Customer may request cancellation by an e-mail sent by an authorised person to info@noniux.com. Noniux confirms receipt of the request by e-mail and processes the request within 3 business days at the latest; the subscription is also cancelled with the payment institution, automatic renewal stops and no charge is made for the next period. Where cancellation is requested by e-mail, for the next charge not to be made the request must reach Noniux at least 3 business days before the charge date (during the trial, before the end of the trial period). This time limit does not apply to a cancellation made in the panel.
  4. Cancellation takes effect at the end of the paid period (during the trial, at the end of the trial period), and the Customer may use the Service until the end of that period. No partial (pro-rata) refund is made for the paid period. When the period ends, Article 20 applies.
  5. If a party breaches a material obligation under this agreement and does not remedy the breach within 15 days of notice sent by e-mail, the other party may terminate the agreement by notice sent by e-mail.
  6. If Noniux decides to discontinue the Service entirely, or to end the agreement on its own decision for a reason other than the Customer's breach or late payment, it notifies the Customer by e-mail at least 30 days in advance. In that case the fee the Customer paid in advance for the unused period is refunded pro rata.

Article 20 – Consequences of termination, return and deletion of data

  1. Whatever the reason for termination, the Customer's right to use the Service ends; the Customer is given only the data access and export options set out in this article.
  2. The 30 days following the termination date are reserved for exporting data (the "export period"). If the agreement ended at the end of the paid period following cancellation of the subscription, the account becomes read-only during this period: users can see their data and download it with EVOS's own export tools, but changes cannot be saved.
  3. During the export period, the Customer may also request by e-mail to info@noniux.com that its data be exported; for a Customer whose account is suspended, export is made in this way. Noniux delivers the data in a common format (Excel/CSV or a database dump).
  4. When the export period ends, the account is suspended and login is no longer possible. Customer data is deleted or anonymised within 30 days of that date. Copies in backups are deleted automatically within a backup rotation of at most 14 days.
  5. If the Customer subscribes again before its data is deleted, any read-only or suspension restriction applied under this article is lifted automatically. A suspended Customer can subscribe again through a subscription link that Noniux sends.
  6. Noniux keeps records that it is legally required to keep (such as invoice and payment records) for the statutory period.
  7. Rights and obligations that arose before termination, and Articles 15, 16, 17 and 25, survive termination.

Article 21 – Changes to the agreement

  1. Noniux may publish a new version of this agreement. A change is notified to the Customer by e-mail or through the EVOS panel at least 30 days before it takes effect.
  2. If the Customer does not accept the change, it may end the agreement before the change takes effect by cancelling its subscription in one of the ways described in Article 19.
  3. Changes that are mandatory because of changes in legislation or decisions of competent authorities apply, to the extent necessary, upon notice.

Article 22 – Force majeure

During events beyond the parties' control, such as natural disasters, epidemics, war, general internet or power outages, cyber attacks or decisions of competent authorities, the affected obligations of the parties are suspended. If force majeure lasts longer than 60 days, either party may terminate the agreement by notice sent by e-mail.

Article 23 – Notices

Notices between the parties are sent by e-mail: for Noniux, to the e-mail address in Article 1 and, for the Customer, to the billing e-mail registered in EVOS and the e-mail address of the general manager account. Notices of price and agreement changes may also be given through the EVOS panel. Until a change of e-mail address is notified to the other party, notices sent to the old address are valid.

Article 24 – Records as evidence

The parties agree that, in case of dispute, Noniux's electronic records (acceptance records, payment institution records, transaction and audit logs) may be used as evidence. The Customer's right to submit counter-evidence is reserved.

Article 25 – Governing law and jurisdiction

  1. This agreement is governed by Turkish law.
  2. For disputes between merchants, the Istanbul (Çağlayan) Courts and Enforcement Offices have jurisdiction (Code of Civil Procedure No. 6100, Article 17).

Article 26 – Miscellaneous

  1. If a provision of this agreement is held invalid, the validity of the other provisions is not affected.
  2. The Customer may not assign its rights under this agreement without Noniux's written consent.
  3. This agreement consists of 26 articles and enters into force upon the electronic acceptance of the Customer's authorised representative.

In case of conflict, the Turkish version prevails.