These Terms of Service and Subscription Agreement (the "Agreement") govern the use of, and subscriptions to, the AI agent workflow platform offered by FİNEVER BİLİŞİM TEKNOLOJİLERİ ANONİM ŞİRKETİ under the name "Everagent". Please read this Agreement carefully before using the platform.
1Parties
1.1. Company: FİNEVER BİLİŞİM TEKNOLOJİLERİ ANONİM ŞİRKETİ (the "Company")
Registered address: Akfırat Mah. Fatih Sultan Mehmet Blv. No: 3 İç Kapı No: 65, 34959 Tuzla/Istanbul, Türkiye
Trade registry: Istanbul Trade Registry Office, no. 475369-5
MERSIS No: 0388190287500001
Tax Office and No: Tuzla / 3881902875
Phone: +90 850 242 62 50
Email: support@everagent.app
KEP (registered electronic mail): fineverbilisim@hs01.kep.tr
Website: everagent.app, finever.com.
1.2. Customer: The legal entity or natural person who registers on the Platform and in whose name an organization account is opened (the "Customer").
1.3. The person completing registration on behalf of the Customer represents that they are authorized to represent the Customer and to conclude this Agreement on its behalf, that they are at least 18 years old and that they have full legal capacity.
2Definitions
In this Agreement:
- Platform or Service means the multi-tenant software service offered under the name Everagent, accessed at platform.everagent.app and through application programming interfaces (APIs), that enables AI agent workflows to be designed visually and run;
- Organization means the account opened on the Platform in the Customer's name, in which the Customer's data is kept separate from that of other customers;
- Organization Admin means the User who registered the Organization or who has been granted administrator rights by the Customer;
- User means a natural person authorized by the Customer to access the Platform;
- Customer Content means all data, documents, workflow definitions, prompts, credentials and Output uploaded, entered or connected to the Platform by the Customer and its Users, or processed through the Platform;
- Workflow means an automation flow designed visually by Users on the Platform that calls AI models, tools and connected systems;
- Output means content generated by a Workflow or an AI model on the basis of Customer Content;
- Credit means the service unit in which paid use of the Platform is measured and which is deducted from the Customer's wallet;
- Plan means the service package the Customer subscribes to, which determines usage rights, limits and the monthly Credit allotment;
- AI Model Providers means the third-party companies that offer the language and embedding models used in Workflows, and the intermediary services that provide access to those models;
- Third-Party Services means the databases, email accounts, HTTP endpoints, tools and other external systems the Customer chooses to connect to the Platform;
- KVKK means Law No. 6698 on the Protection of Personal Data.
3Formation and Scope of the Agreement
3.1. The Customer enters into this Agreement by registering on or using the Platform. If this Agreement is not accepted, the Platform may not be used.
3.2. Information on the personal data the Company processes as data controller is provided in the Privacy Policy, the KVKK Information Notice and the Cookie Policy.
3.3. For paid purchases, the Preliminary Information Form and the Distance Sales Agreement are also concluded; with respect to the relevant purchase, those documents apply together with this Agreement.
3.4. Matters relating to the Enterprise plan and on-premise deployments are governed by separate contracts. On-premise deployments are outside the scope of this Agreement. For matters not addressed in the separate contract for the Enterprise plan, the provisions of this Agreement apply unless the parties agree otherwise.
4Account and Organization Admin Responsibilities
4.1. The Customer must keep its registration and billing information accurate, complete and up to date. Providing misleading, false or third-party information, or submitting forged or untrue documents, is strictly prohibited. Otherwise, all resulting liability rests with the Customer.
4.2. The Customer agrees to designate the Users who will use these accounts to act on the Platform, to declare them accurately and completely, and to update User information where necessary. The Customer will designate an Organization Admin among its Users and notify the Company. The Organization Admin is responsible for inviting Users, determining their roles and permissions, and managing API keys and Organization settings. All actions taken by Users and with API keys created on behalf of the Customer are deemed actions of the Customer, and the Customer is responsible for them.
4.3. The Customer must keep passwords, API keys and other access credentials confidential and must report any unauthorized access to support@everagent.app without delay upon becoming aware of it. The Customer is liable for any damage arising from unauthorized transactions that occur because of the negligence of the Customer or a User, or because account security was not adequately maintained. The Customer accepts, represents and undertakes that it will hold the Company harmless from any claim brought in that case.
4.4. The Customer ensures that its Users comply with this Agreement and the legislation. The Customer is responsible for its Users' conduct in breach of this Agreement. Accordingly, each User authorized by the Customer is deemed to act on behalf of the Customer with respect to the actions they take. If a User misuses, shares, stores or takes outside the system AI data, or evaluates it in a discriminatory manner, all liability rests with the Customer.
5The Service and the Parties' Rights and Obligations
5.1. The Platform enables Users to design AI workflows visually; to connect their own tools, credentials, knowledge bases (uploaded documents and vector search), databases, email accounts and HTTP endpoints; and to run those workflows. Workflows call large language models through the Platform.
5.2. The scope, limits and features of each Plan are as shown on the Platform or on the pricing page at the time of purchase. The Company has the right to change the content, features and pricing of the Plans unilaterally.
5.3. The Customer accepts and undertakes that it is solely responsible for the use of the Services and for the consequences of decisions taken on the basis of the Service, and that no liability may be directed at the Company.
5.4. If the Customer breaches this Agreement in any way, or otherwise engages in conduct that may impede the operation of the Platform (such as using software that threatens the general security of the Platform or prevents the software in use from working, carrying out or attempting such activities, or obtaining, deleting or altering information), or engages in acts that infringe or risk infringing the rights of third parties, the Customer's use of the Platform may be suspended temporarily or permanently. In that case the Customer may not claim any damages or compensation from the Company.
5.5. The Customer may not use a third party's IP address, email address, name or other information on the Platform, nor access or use third parties' data without authorization. All legal and criminal liability arising from the Customer's infringement of any rights of third parties under this section rests with the Customer.
5.6. If the Company determines, or has reasonable grounds to suspect, that any information provided by the Customer is fraudulent, inaccurate or incomplete, or that the Customer is not using the Platform lawfully, the Company has the right to suspend or terminate the Customer's right to access and use the Platform immediately and without notice.
5.7. The Platform may contain links to third-party applications or websites; however, the Company is not responsible for any of their content. You may need to review and accept the applicable terms of use when using such applications or websites. A link to any third-party application or website does not mean that the Company endorses those applications or websites, or the products or services mentioned in them.
6Plans, Credits and Payment
6.1. Plans. The Platform is offered under a free plan (Free) and paid plans. Current plans and their scope are shown on the Platform and on the pricing page. Paid plans may be purchased for monthly or annual terms.
6.2. Credit wallet. Use of the Platform is charged by deducting Credits from the Customer's prepaid credit wallet. Large language model usage (tokens), running workflow steps (nodes) and processed document pages consume Credits. Current consumption rates are shown on the Platform.
6.3. Plan credits. The Plan allots monthly Credits to the Customer at the start of each month. For annual subscriptions, these Credits are also allotted monthly, and they expire at the end of the month in which they were allotted.
6.4. Purchased credits. Each separately purchased Credit batch expires one year after its purchase date. Plan Credits for the current month are consumed first, followed by the Credit batch with the nearest expiry date.
6.5. Nature of credits. Credits are service units usable only on the Platform; they are not money or electronic money, cannot be converted into cash, cannot be transferred to another Organization, and are not refunded upon expiry. When the Credit balance is insufficient, operations or features that require Credits may not run.
6.6. Prices. Prices are denominated in Turkish Lira (TRY) and include taxes. Where the payment instrument is in a different currency, the Company is not responsible for currency conversion and fees applied by the issuer of the payment instrument.
6.7. Price lock. For annual subscriptions, the price is fixed for the subscription term. For monthly subscriptions, price changes are published on the Platform and on the pricing page and apply from the first renewal after publication.
6.8. Payment and invoicing. Payments are collected through a licensed bank or payment institution. Invoices are issued electronically in accordance with the legislation, based on the billing information provided by the Customer; the Customer is responsible for the accuracy of its billing information.
7Renewal, Grace Period and Lapse
7.1. Unless cancelled, a paid subscription renews at the end of each term for the same Plan and term.
7.2. If the renewal fee is not paid by the due date notified to the Customer, the Customer is granted, with notice, a 7-day grace period during which the Plan's entitlements continue.
7.3. If payment has not been made by the end of the grace period, the Organization falls back to the entitlements of the free plan. In that case no data is deleted; however, features, limits and models not included in that plan may become unavailable, and some Workflows may therefore not run. Upon payment, the entitlements of the relevant Plan are reactivated immediately.
7.4. The Customer may request that its subscription not be renewed, using the means provided on the Platform or through the support channel. In that case the subscription continues until the end of the paid term, after which the Organization moves to the entitlements of the free plan.
8Plan Changes, Cancellation and Refunds
8.1. No cash refunds are made for subscription fees paid or for Credit purchases.
8.2. When moving to a higher Plan mid-term, the unused remainder of the current term is converted into Credits at the price paid and added to the Customer's wallet, and the new Plan begins.
8.3. Moving to a lower Plan is handled through the support team and takes effect at the end of the current term.
8.4. Since the Service is performed instantly in electronic form, the right of withdrawal cannot be exercised by Customers who are consumers, pursuant to Article 15(1)(ğ) of the Regulation on Distance Contracts; this is also stated separately in the Preliminary Information Form.
8.5. This section does not remove consumers' rights under the legislation. Erroneous or duplicate charges are corrected once notified to the Company.
9Changes to the Service
The Company may change, add or remove features in order to develop the Platform; the models offered by AI Model Providers may also change over time. Changes that materially restrict a feature the Customer uses on a paid basis are notified a reasonable time in advance. If the Customer does not accept such a change, it may request that its subscription not be renewed.
10Availability and Support
10.1. The Company makes reasonable efforts to keep the Platform running without interruption or error; however, unless separately agreed in writing, it does not give any service level (SLA) commitment.
10.2. Access to the Platform may be temporarily interrupted due to planned maintenance, security updates, or outages at Third-Party Services or AI Model Providers.
10.3. Support requests are submitted to support@everagent.app.
11Customer Content and Data Ownership
11.1. Customer Content and Workflow data belong to the Customer. As between the parties, rights in Output also belong to the Customer to the extent permitted by applicable law.
11.2. The Customer grants the Company the right to host, process and transmit Customer Content only to the extent necessary to provide, secure and maintain the Service and to comply with legal obligations, and only for the term of the Agreement.
11.3. The Company does not use Customer Content to train its own AI models and does not sell it.
11.4. The Company may use usage metadata (e.g. run counts, Credit consumption, error rates) to operate, bill, secure and improve the Service, and may create anonymous, aggregated statistics that do not identify the Customer or any individual.
11.5. The Customer undertakes that it holds the necessary rights to Customer Content, and that, with respect to personal data contained in Customer Content, it has informed the data subjects and processes the data on the basis of a legal ground.
11.6. Workflow execution logs and similar records are kept for the periods shown on the Platform or set by the Customer's Plan, and are deleted when that period ends. If the Organization is deleted, its Workflows, execution logs, knowledge bases and stored files are deleted; financial records are retained for the period required by law. Before deletion, the Customer may retrieve its Workflows using the Platform's export feature, and Users may download their own personal data from the Platform.
12Acceptable Use
12.1. The Platform and the Workflows created on it may not be used to:
- produce, store or transmit unlawful content; commit fraud or phishing, or impersonate others in order to mislead;
- create or distribute viruses, ransomware or other malicious code;
- attempt unauthorized access to any system, carry out unauthorized vulnerability scanning or denial-of-service attacks, or connect to systems the Customer is not authorized to use;
- send commercial electronic messages or bulk unsolicited email (spam) in breach of Law No. 6563 on the Regulation of Electronic Commerce;
- infringe intellectual property rights, personality rights or trade secrets, or process personal data unlawfully;
- attempt to circumvent Plan limits, Credit metering, security measures or the separation of data between customers, or open multiple free accounts to exceed limits;
- resell or rent access to the Platform without a separate agreement with the Company; the Customer providing services to its own customers through its Workflows is not covered by this restriction;
- where the legislation requires human oversight, take decisions that produce legal or similarly significant effects on individuals (e.g. credit, insurance, employment) based solely on Output without human oversight;
- place a load on the Platform or connected systems that disrupts their normal operation, or load-test the Platform without the Company's permission.
If the Customer breaches its obligations under this section, no compensation, damages or loss of profit may be claimed from the Company.
12.2. The Customer is responsible for the Workflows it creates, the actions they perform on connected systems, and the tools and scripts it uses. The Customer must hold the necessary authorization for every system it connects to the Platform and comply with that system's terms of use.
12.3. Anyone who believes this section has been breached, and anyone wishing to report a security vulnerability, may write to support@everagent.app. In the event of a breach, the Company may, under Section 18, disable the Workflow or content, revoke API keys, suspend access or terminate the Agreement.
13Processing of Personal Data
13.1. Roles. With respect to personal data contained in Customer Content, the Customer is the data controller and the Company is the data processor. With respect to Users' account and billing data, the Company is the data controller, and that data is subject to the Privacy Policy and KVKK Information Notice.
13.2. Customer responsibility. The Customer is responsible for the lawful processing of the personal data it transfers to the Platform, for informing data subjects and, where necessary, for obtaining their explicit consent. Special categories of personal data may be processed only in accordance with Article 6 of KVKK and with the necessary additional safeguards.
13.3. Instructions. The Company processes personal data in Customer Content only to provide the Service and on the Customer's instructions. This Agreement and the Customer's configurations on the Platform (including Workflows, model selections, connected systems and retention settings) constitute the Customer's instructions. The Company informs the Customer if it believes an instruction infringes the legislation.
13.4. Security. The Company takes appropriate technical and organizational measures under Article 12 of KVKK, including isolation of data between customers, encryption in transit, role- and permission-based access control, audit logs, encrypted storage of credentials and backups. Access to personal data is limited to personnel who need it and who are bound by confidentiality.
13.5. Service providers. The Customer gives general authorization for the Company to use providers of hosting and infrastructure (in Türkiye), network security and traffic routing, AI Model Providers, email delivery and payment (a bank or payment institution) in order to provide the Service. Service providers act in accordance with data security and confidentiality. The current service providers are disclosed to the Customer on request.
13.6. Model selection and transfers abroad. The Customer's selection of a model in a Workflow is an instruction to transmit the content sent to that model to the provider offering it; some of those providers may be located abroad. Personal data is transferred abroad only where the conditions of Article 9 of KVKK are met, and where necessary the parties cooperate on documents such as standard contracts. The Customer may select models according to its own data policy, use the location restrictions offered by the Platform, or mask personal data with protective measures.
13.7. Data subject requests. The Company forwards to the Customer any data subject request relating to Customer Content that reaches it, and helps the Customer respond through the user management, deletion and export features of the Platform.
13.8. Data breaches. On becoming aware of a security breach affecting personal data in Customer Content, the Company notifies the Customer without delay and shares the details it knows. Notification to the Personal Data Protection Board and to data subjects is the Customer's obligation as data controller; the Company provides reasonable assistance.
13.9. Deletion. When the Agreement ends or the Organization is deleted, Customer Content is deleted in accordance with Section 11.6; copies in backups are deleted when the backup cycle completes.
13.10. Audit. The Company demonstrates compliance with this section primarily through documents (e.g. descriptions of security measures and answers to security questionnaires). On-site audits take place on terms the parties agree separately.
14AI Output Disclaimer
14.1. Output is generated by AI models that operate probabilistically; it may be inaccurate, incomplete, outdated or misleading, and the same input may produce different Output. Output does not constitute legal, financial, medical or other professional advice.
14.2. Reviewing Output before use, and the consequences of using Output, are the Customer's responsibility. In decisions that produce legal or similarly significant effects on individuals, such as credit, insurance and employment decisions, and in regulated activities, ensuring appropriate human oversight and compliance with the applicable legislation rests with the Customer.
14.3. The safeguards (guardrails) and validation tools offered on the Platform help reduce risk but do not eliminate it. The Company gives no warranty as to the accuracy of Output or its fitness for a particular purpose.
14.4. In connection with this Agreement, the Company gives no express, implied, statutory or other warranty or undertaking that Output is accurate, fit for decision-making or current, or that it constitutes advice. The Company does not warrant that the Platform will be error-free or uninterrupted (including interruptions caused by cyberattacks or by malicious code or software) or that it will be compatible with all software. The Company disclaims liability for any damage arising from the Customer's access to or use of the Platform. The risks of accessing and using the Platform rest with the Customer, and the Customer alone is responsible for any damage to its information systems or assets, or any loss of data, resulting from such access or use.
15AI Model Providers and Third-Party Services
15.1. The models used in Workflows are offered by AI Model Providers. Content sent to a model in a Workflow is transmitted to the provider offering the selected model.
15.2. The Customer undertakes that it is authorized to use the Third-Party Services it connects to the Platform. The Company is not responsible for the availability, security, content or charges of those services; their use is subject to the terms between the Customer and the relevant third party. Actions a Workflow performs on connected systems (e.g. sending an email, writing to a database, calling an endpoint) are deemed actions of the Customer. Credentials are stored encrypted on the Platform.
16Confidentiality
16.1. Each party uses information it learns under the Agreement that is designated as confidential or is confidential by its nature ("Confidential Information") solely for the performance of the Agreement, does not disclose it to third parties, and exercises at least reasonable care to protect it. Disclosures to service providers bound by an equivalent confidentiality obligation, to the extent necessary to provide the Service, fall outside this prohibition.
16.2. Information that is publicly available, independently developed by the receiving party, lawfully obtained from a third party without a confidentiality obligation, or required by law to be disclosed to competent authorities is not Confidential Information.
16.3. The confidentiality obligation survives the end of the Agreement for as long as the information remains confidential.
17Intellectual Property
17.1. All intellectual and industrial property rights in the Platform, its software, interfaces, documentation and the Everagent brand belong to the Company or its licensors.
17.2. For the term of the Agreement and within the scope of the Plan, the Company grants the Customer a non-exclusive, non-transferable and non-sublicensable right to use the Platform for its own business purposes.
17.3. Except where the legislation permits, the Customer may not reverse engineer, copy or modify the Platform, use it to develop a competing product, or sell or rent access to the Platform to third parties without the Company's written consent.
17.4. The Customer's comments and suggestions regarding the Platform may be used by the Company to develop the Service without any obligation arising.
18Suspension and Termination
18.1. The Company may suspend the Organization, Users or particular Workflows, in whole or in part, in the event of a breach of this Agreement, a situation threatening the security of the Platform, other customers or third parties, or a decision of a competent authority or a legal requirement. Where possible the Company informs the Customer of the reason before suspension, and otherwise without delay afterwards, and limits the suspension to the extent necessary.
18.2. The Customer may terminate the Agreement at any time by requesting deletion of its Organization using the means provided on the Platform or through the support channel. Fees for paid terms and Credit balances are not refunded, subject to mandatory legislation.
18.3. The Company may terminate the Agreement if the Customer fails to remedy a material breach within 15 days of notice. In cases of serious or repeated breach, or unlawful use, termination may take effect immediately. The Company may also terminate the Agreement with an Organization on the free plan by giving at least 30 days' notice.
18.4. Upon termination, access to the Platform ends and the Organization's data is deleted in accordance with Sections 11.6 and 13.9. Payment obligations accrued before termination, and provisions that by their nature must survive termination (confidentiality, intellectual property, liability and dispute resolution), remain in force.
19Limitation of Liability
19.1. The Platform is provided as is, to the extent permitted by law.
19.2. The Company is not liable for loss of profit, loss of revenue, business interruption, loss of reputation or other indirect damages.
19.3. The Company's total liability under this Agreement is limited to the amount actually paid by the Customer to the Company in the 12 months preceding the event giving rise to the damage.
19.4. These limitations do not apply to the Company's intent or gross negligence, to damage to life or health, or to liability that cannot be limited under mandatory legislation.
19.5. The Customer indemnifies the Company against damages arising from claims brought against the Company because Customer Content, Workflows, Third-Party Services connected by the Customer, or use in breach of this Agreement infringe the rights of third parties.
19.6. In cases of force majeure beyond the reasonable control of the parties, such as natural disasters, epidemics, war, terrorism, cyberattacks, general power or telecommunications outages, outages at AI Model Providers or infrastructure providers, and decisions of public authorities, the parties are not held liable for obligations that cannot be performed for that reason.
20Changes to this Agreement
The Company reserves the right to amend the provisions of this Agreement and its pricing policy unilaterally at any time. Changes take effect from the date they are published on the Platform or notified to the Customer by email. If the Customer finds a change materially to its detriment, it may terminate its membership within 15 (fifteen) days of the notice date; a Customer who does not exercise this right of termination within that period and continues to use the Platform is deemed to have accepted the changes.
21Governing Law and Dispute Resolution
This Agreement is interpreted and applied in accordance with the laws of the Republic of Türkiye. The courts and enforcement offices of Istanbul Anadolu have exclusive jurisdiction over any dispute that may arise between the parties. A Customer who is a consumer may bring disputes arising from this Agreement before the consumer court, provided it has first applied to a mediator, or, where the dispute is within the applicable monetary limits, before the consumer arbitration committee.
22Miscellaneous
22.1. Notices. Notices to the Customer are sent to the Organization Admin's registered email address or through the Platform; notices to the Company are sent to support@everagent.app, to fineverbilisim@hs01.kep.tr (KEP) or to the Company's registered address.
22.2. Evidence. Written, printed and electronic records exchanged between the parties through official communication channels, email and instant message records, and Platform records, access logs, transaction records, payment records and electronic consent records are accepted as conclusive and binding evidence for the purposes of procedural law under Article 193 of the Code of Civil Procedure (HMK).
22.3. Assignment. The Customer may not assign its rights and obligations under this Agreement without the Company's written consent. The Company may assign the Agreement in the event of a merger, demerger or transfer of business.
22.4. Severability. If any provision of this Agreement is held invalid, the validity of the remaining provisions is not affected.
22.5. Language. This Agreement has been prepared in Turkish and English. This text is a translation. In case of any difference of interpretation or inconsistency between the Turkish and English texts, the Turkish text prevails.
23Contact
- Legal name: FİNEVER BİLİŞİM TEKNOLOJİLERİ ANONİM ŞİRKETİ
- Registered address: Akfırat Mah. Fatih Sultan Mehmet Blv. No: 3 İç Kapı No: 65, 34959 Tuzla/Istanbul, Türkiye
- Trade registry: Istanbul Trade Registry Office, no. 475369-5
- MERSIS No: 0388190287500001
- Phone: +90 850 242 62 50
- Email: support@everagent.app
- KEP: fineverbilisim@hs01.kep.tr
- Website: everagent.app, finever.com