Distance Service User Agreement

This is an English translation prepared for informational purposes. In case of any discrepancy, the Turkish version available at /mesafeli-hizmet-sozlesmesi shall prevail.

1. Parties

This Distance Service User Agreement (the "Agreement") is entered into electronically between ESM Mobil Teknoloji Anonim Şirketi (the "Platform") and the natural or legal person (the "User") who requests services through the digital platform, application, or website operated under the yoldadestek.com domain name owned by ESM Mobil Teknoloji A.Ş.

2. Subject and Scope of the Agreement

This Agreement regulates the procedures, principles, and mutual rights and obligations of the parties concerning the provision of tow truck, tire, battery, insurance-policy, on-site intervention, and similar roadside assistance services that the User may request through ESM Mobil.

ESM Mobil only brings together the User and independent Service Providers in a digital environment. It does not actually perform the service. ESM Mobil may add new service categories or partnerships through the platform; in such cases, existing contractual provisions apply by analogy to the new service types.

With respect to the provision of services, ESM Mobil acts as an intermediary service provider under Law No. 6563 on the Regulation of Electronic Commerce and Regulation No. 29457 on Service Providers in Electronic Commerce. The parties agree to comply with the obligations imposed by this legislation.

2.1. Scope of Tow Truck Service

The tow truck service offered through the Platform covers cars, motorcycles, SUVs (Pick-Up), minivans, panel vans, light construction equipment, ATV/UTV, light commercial trucks, minibuses, midibuses, and other similar vehicles. Heavy-duty vehicles and those requiring a crane, that have overturned, fallen into a ditch, or cannot be technically transported by a standard tow truck are outside the service scope.

Vehicles requiring a crane, that have overturned, fallen into a ditch, or cannot be technically transported by a standard tow truck are outside the Platform's service scope. In such cases, the process is evaluated under the Cancellation and Refund Policy.

2.2. Scope of Battery Jump-Start Service

Battery jump-start service is not provided for motorcycles. Battery jump-start service is provided for cars, SUVs (Pick-Up), minivans, panel vans, light commercial trucks, minibuses, and midibuses.

2.3. Performance of Battery Jump-Start Service

If the Service Provider arrives at the location and performs the battery jump-start operation, the service is deemed to have been performed regardless of whether the jump-start operation is technically successful.

2.4. Sale of New Batteries

New battery sales are not offered through the Platform. Sales transactions that may occur between the User and the Service Provider outside the Platform are not the Platform's responsibility.

3. Definitions

• User: The natural person aged 18 or above, legal entity, or representative acting on behalf of such a person who requests services through the ESM Mobil application or website.
• Platform: The software, system infrastructure, website, and mobile application owned by ESM Mobil Teknoloji A.Ş. that brings together Users and Service Providers in a digital environment. Refers to the digital platform operating under the yoldadestek.com domain owned by ESM Mobil Teknoloji A.Ş.
• User Account: The User's personal profile that allows logging in to the ESM Mobil system, managing personal data, completing payment transactions, and viewing service history.
• Service: The tow truck, battery, tire replacement, insurance-policy, fuel-delivery, and similar services requested by the User through the Platform.
• Service Provider: An independent natural or legal person registered on the Platform and contracted with ESM Mobil.
• Payment Infrastructure: The collection system operated through the licensed payment institutions integrated by ESM Mobil.
• Commission: The Platform's share of the service fee.
• Application: The yoldadestek.com mobile application and/or website belonging to ESM Mobil.
• Force Majeure: Extraordinary events beyond the control of the parties.

Cancellation notices may be submitted via [email protected].

4. Service Request and Workflow

The User is obligated to provide accurate and complete information. A service request is created by entering the vehicle's location, vehicle information (registration, etc.), vehicle type, and an issue description.

ESM Mobil routes the request to a suitable Service Provider; upon acceptance of the service, the User is notified.

The service is performed by the Service Provider. The Platform is only responsible for routing and collection.

The User sends a request to the service provider through the Platform; once the service provider approves the request, the service is deemed to have started and the service fee becomes due.

Before requesting the service, the User is deemed to have accessed pre-information regarding the essential features of the service, fees, taxes, payment and cancellation terms, validity periods, KVKK pre-disclosure, and the information notice, and to have provided electronic confirmation by ticking "I have read, understood, accepted and declare."

5. Fees and Payment

The service fee is paid by the User through the secure payment infrastructure via credit/debit card on the Application. The parties irrevocably accept and declare that taxes, fees, duties, and similar legal obligations are the User's responsibility and that the Platform is not liable for these obligations.

The User pays the service fee through the Platform. Payment is transferred to the Platform's account within the processes of the relevant payment institution.

Payments are received through licensed payment institutions; ESM Mobil does not store card information.

The invoice is sent to the User's e-mail address when the service is completed.

ESM Mobil's total liability, including indirect damages, is limited to the actual service fee paid.

No liability for compensation arises in cases where ESM Mobil has no fault or negligence.

ESM Mobil may update the commission rate by notifying the User through the application; the update becomes effective from the date of notification.

ESM Mobil's liability is limited solely to the intermediary service, and it shall not be liable in any way for indirect damages or loss of profit.

ESM Mobil is not responsible for delays caused by technical issues arising from payment institutions or banks.

5.1. Calculation of Service Fee

The service fee is communicated to the user in advance by the Platform, taking into account the requested service type, distance, vehicle type, toll fees, and similar criteria. Distance is calculated by the Platform based on the route between the pickup and drop-off locations. Toll fees for bridges, highways, and tunnels are added separately to the total service fee. The service fee may be determined by the Platform based on the day, time, or whether it is a public holiday.

5.2. Declaration of Vehicle Type

Vehicle-type information is declared by the user and confirmed at the location by the service provider. If the vehicle type is declared incorrectly or incompletely, there may be a difference in the service fee. In such a case, the Platform updates the service fee and notifies the user. If the user does not accept it, the service provider cancels the operation; in this case the cancellation and refund terms apply.

6. Withdrawal, Cancellation, and Partial Fee

The services offered through the Platform are time-critical, emergency roadside assistance services. The User may request cancellation after creating a service request and before the service has commenced. Cancellation and refund terms, rates, and periods are set out in the Cancellation and Refund Policy.

The service is deemed to have commenced when the Service Provider is assigned or enters "en route / dispatched" status. From that moment, the right of withdrawal cannot be exercised. All provisions to be applied in cancellation and refund processes are based on the Cancellation and Refund Policy. The cancellation fee covers the Platform commission and the Service Provider's preparation, dispatch, and operational expenses.

ESM Mobil does not charge a cancellation fee in cases of system failure, force majeure, or non-performance by the service provider.

In the case of unjustified cancellation, false location notification, deliberate misinformation, or misuse, or if the User prevents the system's location verification, ESM Mobil reserves the right to collect the entire service fee and immediately terminate the User account.

This arrangement applies within the exceptions to the right of withdrawal under Article 15 paragraphs (f) and (ğ) of the Distance Contracts Regulation. In any case, if the service has been initiated and performed with the User's confirmation, the right of withdrawal cannot be exercised.

Transaction or commission fees charged by the payment institution for cancelled transactions are not refunded. Chargebacks or objections made by the User through the bank or payment institution do not invalidate the provisions of the Cancellation and Refund Policy.

7. Rights and Obligations of the Parties

The User is obligated to act lawfully, provide accurate information, and ensure safe conditions for the service.

ESM Mobil is obligated to ensure that the platform operates technically without interruption, to process data in accordance with the KVKK, and to evaluate complaints.

The User is informed of any additional costs that may arise during the service (e.g., different drop-off location, additional towing distance) and accepts to pay these fees separately. Otherwise, the service is deemed to have been performed and is terminated by the service provider.

8. Status of the Platform and Limitation of Liability

ESM Mobil is an intermediary service provider under Law No. 6563 on the Regulation of Electronic Commerce. Intermediary service providers cannot be held responsible for the content, listings, and transactions provided by service providers, and do not directly provide the service. ESM Mobil's liability relates solely to the data transmission and collection process as an intermediary service provider. No direct or indirect damages may be claimed for the quality, performance, delay, or cancellation of the service.

The service provider is solely responsible for the quality, timely performance, and safe transport of the vehicle.

If the User contacts or makes payments to the Service Provider outside the Platform, ESM Mobil accepts no responsibility; any damages incurred are solely the User's responsibility.

ESM Mobil does not assume the insurance or guarantee obligations of service providers. It is in no way responsible for indirect damages, loss of profit, data loss, loss of income, damage to reputation, or claims from third parties. The Platform acts as an intermediary in the performance of the service and shall not be directly responsible for faults arising from the service provider's actual performance. The parties shall indemnify the damages caused by their own faults; however, the Platform shall not be liable in any case for indirect damages (e.g., reputation loss, profit loss, depreciation of vehicle value). The User accepts, declares, and undertakes in advance that they will not bring any enforcement, civil, or criminal action against the platform for such damages.

Any administrative, legal, or financial claims brought against ESM Mobil by the User or third parties arising from the act of the Service Provider do not eliminate ESM Mobil's right of recourse against the Service Provider.

ESM Mobil records, e-mail, and mobile notification data constitute conclusive evidence between the parties.

If the User wishes to ride in the tow truck cabin (up to two persons), a valid Personal Accident Insurance is required. The Platform only acts as an intermediary for cargo and Personal Accident Insurance; the scope, duration, and conditions of insurance coverage are limited to the policy issued by the relevant insurance company. The Platform does not have the status of an insurer. The Platform cannot be held responsible for damages that may arise if no Personal Accident Insurance is in place or where the situation falls outside coverage. Cargo Insurance is at the User's discretion and is not mandatory; however, to cover possible financial damages, it is recommended that the User obtain Cargo Insurance.

Regarding tow truck, battery jump-start, insurance policy, and tire services offered through the Platform, insurance coverage may be presented to the User through third-party insurance providers. The insurance services provided in this regard are offered through the "Tamamlıyo" (and similar) ventures that the Platform integrates with, and all rights and obligations regarding insurance coverage are evaluated under the insurance contract established between the relevant insurance company and the User. The Platform does not have the status of an insurer in the provision of insurance services; it only provides technical integration and intermediary services. Insurance coverage, conditions, coverage amounts, and exceptions apply as specified in the relevant insurance policy.

9. Protection of Personal Data

ESM Mobil processes User data only for the purposes of providing the service, collection, and security.

Data is shared only with Service Providers and payment-infrastructure partners.

No personal data is shared beyond the location, vehicle, and contact information required for the service.

When the service process is completed, the User's images and location data are anonymized or deleted.

During the performance of the service, the User's location, vehicle information, vehicle position, and direction of movement are instantly transmitted to the service provider. This data is processed only for the purpose of performing the service and is deleted or anonymized after the service is completed and legal retention periods expire.

The User accepts that personal data required for the performance of the service may be processed within Türkiye or abroad in accordance with the Personal Data Protection Law No. 6698, provided that explicit consent is obtained. ESM Mobil takes appropriate technical and administrative measures for the security of personal data.

Personal data is retained for a maximum of two (2) years from the end of the service relationship; thereafter it is anonymized or deleted.

Unless the User provides explicit consent to transfer their personal data abroad, the data is processed and stored only within Türkiye. The User may exercise their rights under KVKK Article 11 — including access, correction, deletion, objection to processing, and refusal of cross-border transfer — by contacting ESM Mobil's e-mail address.

The KVKK Information Notice and Privacy Policy are published on the Platform.

10. Service Provider Quality and Complaint Mechanism

ESM Mobil has the right to audit service provider performance and remove low-rated or frequently complained-about service providers from the system.

The User accepts that they will not make unfair, untrue, or insulting comments. Otherwise, the User accepts in advance that ESM Mobil may resort to legal and criminal remedies. ESM Mobil may remove such comments.

The User may submit complaints through the Platform; ESM Mobil conducts the necessary review. The User is prohibited from contacting or directing payments to the Service Provider matched through the Platform outside of the Platform.

11. Account and Termination

The User account is personal; it cannot be transferred.

ESM Mobil has the right to suspend or close the account upon detection of misuse. ESM Mobil may immediately suspend the User account upon detecting fraudulent transactions, suspected fraud, security breaches, system manipulation, or situations giving rise to legal obligations. Suspension is based on legitimate grounds and is, where possible, notified to the User in advance. A notification message regarding the violation is sent. The message states that the User account will be closed if the violation is not remedied within 3 business days. If the violation is not remedied, the User account is closed.

The parties may terminate the agreement upon breach of obligations.

Suspension of the User account by ESM Mobil prevents access to the service but does not give rise to any right to compensation.

The User may close their account at any time; upon a termination request, personal data is deleted or anonymized in accordance with legislation.

ESM Mobil grants the User a non-exclusive, non-transferable, and revocable right of use. The User may not interfere with the source code of the application, reverse engineer, copy, or reproduce it. Such violations result in permanent closure of the account.

The brand, logo, design, software, technical, visual, and textual content belonging to ESM Mobil are protected under Law No. 5846 on Intellectual and Artistic Works. Unauthorized use, copying, or commercial reproduction is prohibited. In such cases, ESM Mobil reserves the right to resort to legal and criminal remedies.

12. Force Majeure

Natural disasters, war, strikes, internet outages, pandemics, government intervention, and similar situations are deemed force majeure.

In such cases, the parties' obligations are suspended; performance resumes when the situation ends.

ESM Mobil cannot be held responsible for service disruptions due to force majeure.

13. Effectiveness and Amendments

The Agreement becomes effective when the User ticks the "I have read, understood, accept and declare" box.

ESM Mobil reserves the right to make amendments; amendments take effect upon publication.

Changes to the Agreement are communicated to the User via e-mail, SMS, or in-app notification. Continued use of the service by the User means that the changes are accepted. The User acknowledges that the electronic approval of this agreement satisfies the written form requirement under Article 14 of the Turkish Code of Obligations No. 6098.

14. Dispute Resolution and Jurisdiction

The Agreement is subject to Turkish Law.

The User in their capacity as a consumer may apply to the Consumer Arbitration Committee or Consumer Court in their location within the financial limits.

For disputes exceeding the financial limits, mediation is mandatory before filing a lawsuit under Article 73/A of Law No. 6502.

For users acting in a commercial or professional capacity, the Istanbul Anatolian Courts and Enforcement Offices have jurisdiction.

Mediation is required before filing a lawsuit in these disputes. The parties accept that ESM Mobil system records, e-mails, SMS, mobile notifications, and transaction logs constitute conclusive evidence within the meaning of Article 193 of the Civil Procedure Code No. 6100.

Any notification between the parties may be made via registered electronic mail (KEP), e-mail address, or in-platform messaging system. Notifications made by these methods are deemed served and received by the parties.

15. Electronic Communications

The User accepts to receive e-mail, SMS, or in-app notifications regarding information, campaigns, transaction confirmations, and system updates. The User has the right to opt out of these notifications at any time. Commercial electronic communications, under Law No. 6563 on the Regulation of Electronic Commerce, are sent only based on the consent provided by the User through the Message Management System (İYS). The User may withdraw their consent through İYS at any time.

16. Legal Nature

The Cancellation and Refund Policy, KVKK Information Notice, Pre-Information Form, and Service Provider Agreement are integral parts of the legal relationship between the parties and together constitute a whole. Matters relating to the processing of personal data are evaluated within the framework of the Information Notice on the Protection and Processing of Personal Data prepared under Law No. 6698.

17. Final Provisions

The invalidity of any provision does not affect the validity of the other articles. The parties agree that the provision closest in purpose will apply in place of the invalid provision.

This Agreement entered into in electronic form is legally valid.

A copy is sent to the User's e-mail address.