Subscription and Digital Service Agreements

Software, digital content, membership programmes and regularly delivered products sold on a subscription model are subject to different rules from one-off sales. We prepare your subscription and digital service agreements in line with the legislation on matters such as automatic renewal, termination and refund terms and the exceptions to the right of withdrawal for digital content.

What is a subscription contract?

A subscription contract is a contract under which goods or services are supplied regularly and continuously for a fixed or indefinite period. Subscription contracts with consumers are subject to Law No. 6502 and the Subscription Contracts Regulation.

A consumer can terminate an indefinite-term subscription contract without giving any reason and without paying a penalty. It must be possible to give notice of termination by the same means through which the contract was concluded; for example, a subscription taken out online must be cancellable online.

Is there a right of withdrawal for digital content?

Services performed instantly in electronic form and intangible goods delivered instantly to the consumer are among the exceptions to the right of withdrawal if performance has begun with the consumer’s consent. To rely on this exception, it must be recorded that the consumer expressly consented to performance beginning and was informed that they would lose the right of withdrawal.

Scope

Preparing subscription and membership agreements
Structuring automatic renewal, price change and termination terms
Preparing SaaS and digital service agreements
Assessing free trials and promotional periods for compliance

How We Work

Reviewing the subscription model, pricing and user flow
Assessing the subscribe, renew and cancel steps against the legislation
Preparing the subscription agreement, terms of use and information texts
Structuring separate service agreements and service level commitments for business customers
Designing price change and termination processes together with customer services

Team

Zeynep Nur Çivicik Partner

Hasan Çakan Partner

Frequently Asked Questions

Can we start a paid subscription automatically at the end of a free trial?

Yes, if the consumer has been informed clearly and comprehensibly in advance that the trial will turn into a paid subscription, of the price and of how to cancel, and has consented. Hiding this information or making cancellation difficult may be treated as a misleading commercial practice.

Can we increase the subscription fee during the contract term?

For fixed-term subscriptions, changing the price to the consumer's detriment during the term is problematic unless the contract expressly provides for it. For indefinite-term subscriptions, we recommend notifying the change in advance and giving the consumer the option to terminate without penalty.

Can we require customers to call customer services to cancel?

Allowing a subscription taken out online to be cancelled only by phone may conflict with the rule requiring termination to be possible by the means through which the contract was concluded. Cancelling should be as easy as subscribing.

What should a business SaaS agreement cover?

Service level and availability commitments, data security and the processing of personal data, limitations of liability, price changes, return of data when the contract ends and intellectual property rights should be set out clearly.

Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.

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