PAYFI FRAMEWORK USER AGREEMENT
ARTICLE 1: PARTIES
1.1. The PayFi Framework User Agreement ("Agreement") is made between PayFi Payment Systems LLC ("PAYFI") located at Nəsimi district, Səməd Vurğun street, building 83, World Business Center Business Center, 8th floor, and the user ("User") benefiting from PAYFI's payment and electronic money services, by the User electronically approving it.
1.2. The USER and PAYFI will be referred to as the "Parties" together and separately as the "Party".
ARTICLE 2: DEFINITIONS
2.1. Recipient: A real or legal person to whom the Fund subject to the Payment and/or Electronic Money transaction is to be delivered.
2.2. Bank: Central Bank of the Republic of Georgia.
2.3. Wallet: The digital wallet provided by PAYFI within the application, allowing the execution of payment transactions using the information related to the Payment Account or Payment Instrument defined by PAYFI.
2.4. Electronic Money: Monetary value issued in exchange for the Fund accepted by PAYFI, stored electronically, and accepted by real and legal persons other than PAYFI.
2.5. Fund: Banknotes, coins, ledger money, or electronic money.
2.6. Sender: A real or legal person giving a Payment Order from their Payment Account or without a Payment Account.
2.7. Sensitive Payment Data: Personal security information related to the Payment Instrument, such as password, security question, certificate, encryption key, PIN, card number, expiration date, CVV2, CVC2 code, which are used in giving the Payment Order or authentication and can allow fraud or fake transactions if captured or altered.
2.8. Incorrect or Unauthorized Transaction: A Payment Transaction carried out by a person who is not the User or who is not authorized to give the transfer order, either in whole or in part, without the User's will and/or knowledge, or a Payment Transaction in which the User has not received the relevant goods or services.
2.9. Personal Data: Any information relating to an identified or identifiable natural person.
2.10. Payment Instrument: Cards, mobile phones, passwords, and similar payment instruments determined by PAYFI used by the User to give the Payment Order.
2.11. Payment Order: The instruction given by the relevant user for the execution of the Payment Transaction.
2.12. Payment Account: The account opened in the name of the relevant user and used in the execution of Payment Services.
2.13. Payment Services: Payment and electronic money services to be provided to the User by PAYFI under the activity license obtained from the Bank and in accordance with the Agreement.
2.14. Payment Transaction: The activity of depositing, transferring, or withdrawing funds carried out upon the instruction of the User or Sender.
2.15. Application: The electronic wallet application provided by PAYFI.
ARTICLE 3: BASIC RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The User declares that they are capable of entering into this Agreement and acting on their behalf and account. The User accepts that if they are not of legal age or for other reasons, they may be subject to additional verification, approval, and processes. PAYFI may request additional information and documents from the User.
3.2. The User undertakes that all the information and documents provided to PAYFI are correct, up-to-date, and complete. PAYFI may take various verification measures to ensure the accuracy and currency of the information provided by the User in accordance with the Law.
3.3. It is the User's responsibility to ensure that the bank account reported to PAYFI is current, open, and usable. If the reported bank account is not registered in the name of the User, no payment will be made to this account by PAYFI.
3.4. The User undertakes to notify PAYFI in writing in accordance with the Law and relevant legislation in case of acting on behalf of another person and/or if there is a change in their identity, contact, and other information subject to identity verification.
3.5. PAYFI may request identification and/or information provision from the User for identity verification purposes in accordance with Article 3.3 or for other reasons.
3.6. The User agrees and undertakes to benefit from the services within the scope of the Agreement in compliance with the laws.
3.7. PAYFI may suspend the User's Payment Account, temporarily or permanently stop Payment Services if it detects activities of the User that are contrary to the Agreement and/or laws. PAYFI's right in this regard is also reserved in case of suspicion of non-compliance.
3.8. All rights to the software, visual designs, writings, logos, and graphics included in the Application belong to PAYFI. It is strictly forbidden to copy the information and/or software used in the design, content, and database creation of the Application, use it beyond benefiting from the Application, and to copy, distribute, process, and use in other ways any images, texts, images, files, etc. data and contents included in the Application. It is also strictly forbidden for the User to: (i) attempt any actions that may threaten the security of the Application, prevent the operation of the software belonging to the Application, or prevent other users from benefiting from the Application; (ii) place an excessive load on the Application that may result in such consequences, access the information and content published in the Application and/or entered by others without authorization, copy, delete, modify, or attempt to do so; (iii) engage in activities that may threaten the general security of the Application and/or harm the Application, PAYFI, and other users; (iv) use software that will prevent the operation of the Application and the software used, try to use, interfere with the operation of any software, hardware, and servers, cause them to malfunction, reverse engineer, carry out attacks, occupy or otherwise interfere with them, and attempt to access PAYFI servers.
3.9. The User accepts that access to the Application may be temporarily blocked to implement improvements and other changes to the Application.
3.10. The rules published on the Site and/or Application and the fees announced on the Site are an integral part of this Agreement.
3.11. PAYFI reserves the right to unilaterally change and update the conditions related to Payment Services, the content on the Site and Application, and the Agreement, except as stated in this Agreement. If such changes or changes made in accordance with the obligations determined by the legislation and the agreements concluded with the third-party payment service provider agreed by PAYFI for the provision of Payment Services will result in a change in the terms of this Agreement, a notification containing the scope of the change, the effective date, and information that the User can terminate the Agreement without paying any fees will be made to the User 30 (thirty) days before the effective date of the change. In this case, the User may terminate the Agreement if they do not accept the change. If the User does not notify of termination within 30 (thirty) days following the notification, the change will be deemed accepted. If the legislation provides for a period shorter than 30 (thirty) days for any required change, this will be indicated in the notification to be made to the User, and the period stipulated by the legislation will apply instead of the period specified in this article. If the User obtains the services within the scope of this Agreement for professional and commercial purposes (in cases where the User does not act as a consumer as defined in subparagraph (k) of the first paragraph of Article 3 of the Consumer Protection Law No. 6502), these changes will take effect immediately.
ARTICLE 4: BASIC PROVISIONS REGARDING PAYMENT SERVICES

Principles of Payment Services

4.1. The Payment Services subject to this Agreement will be provided in Turkish Lira. If Payment Services are provided to the User in foreign currencies, the applicable exchange rates and currency conversion methods will be determined by PAYFI.
4.2. The User accepts and declares that they will be responsible for any liability arising from the incorrectness or ambiguity of the information provided by them and/or the failure to fulfill their responsibilities regarding the Payment Transaction properly.
4.3. The User accepts that they need to open a Payment Account with PAYFI to benefit from the Payment Services.
4.4. Payment Services can be carried out via a device such as a mobile phone, computer, and/or the Application, and the User accepts and declares that they must comply with the technical and other features specified in the usage conditions of the device/Application.
4.5. PAYFI will provide information related to Payment Services using one of the User's contact details such as email address or GSM number specified in this Agreement and/or the Application, immediately or at the latest on a monthly basis. Notifications to be made by PAYFI may be published on the website ("Site"), presented within the Application, or sent to the User's contact address from the email address info@payfi.ge Notifications made through other channels should not be taken into account and should be reported to PAYFI immediately.
4.6. The User accepts that they cannot carry out transactions exceeding the transaction limit determined by PAYFI within the scope of the Agreement. The transaction limit for one-time and monthly transactions to be made under this Agreement will be determined by PAYFI and published on the Site, and the limits may be revised at any time. If the User requests an increase in the transaction limit, PAYFI may charge a fee specified on the Site and may require the User to undergo the necessary identity verification processes under the Law.

Payment Order

4.7. The User may give the Payment Order and the approval related to the Payment Transaction via the Application with the Wallet or through other Payment Instruments.
4.8. The moment the Payment Order is transmitted to PAYFI is considered the moment the Payment Order is received, and if it is decided that the Payment Transaction will be carried out on a specific day, the day agreed for the Payment Transaction is considered the date of receipt of the instruction.
4.9. The Payment Order and the approval related to the Payment Order can be given before or after the Payment Transaction is executed. The User's approval of the Payment Order must be given explicitly and will not be accepted as an approval of the Payment Transaction by implied acceptance (silence, non-objection, consent, etc.).
4.10. The User accepts and declares that the Payment Order can be transmitted until 24:00 (00:00) on non-holiday days, and Payment Orders received later will be deemed to have been received by PAYFI on the next business day.
4.11. The User can revoke the Payment Order until the Payment Transaction is executed after authorizing PAYFI for the Payment Transaction.
4.12. PAYFI will execute the Payment Order on the payment date agreed with the User, provided that the Payment Order is given at least 1 (one) day in advance. If no payment date is agreed with the User, the Payment Order will be executed within 4 (four) business days from the date the Payment Order is received by PAYFI.
4.13. If PAYFI refuses to execute a Payment Order, it will inform the User of the reason for the refusal and, if applicable, how the errors causing the refusal can be corrected, in writing or through one of the User's contact details specified in this Agreement and its annexes (GSM number, email address, or alternative channels such as call center, internet, mobile, etc.) as soon as possible and in any case no later than the end of the business day following the receipt of the Payment Order. If the refusal is based on a justified reason, the User accepts and declares that PAYFI has the right to charge a reasonable fee specified on the Site, compatible with the channel through which the notification will be made by PAYFI.
4.14. PAYFI is responsible to the User for the execution of the Payment Transaction in accordance with the Payment Order. PAYFI is obliged to transfer the payment transaction amount to the Recipient's bank or payment service provider immediately and in any case no later than the end of the business day following the date it receives the Payment Order; if the User is the Recipient, PAYFI is obliged to make the payment transaction amount available for the User's use immediately and in any case no later than the business day following the date the relevant amounts are transferred to PAYFI.
4.15. If the payment amount is not sent to the Recipient's bank or payment service provider or is sent incorrectly by PAYFI in accordance with Article 4.14, PAYFI will immediately refund the unexecuted or incorrectly executed amount to the User or restore the User's account to its original state. If the User requests the reason for the non-execution or incorrect execution of the transaction, PAYFI is obliged to inform the User of the requested information.
4.16. PAYFI is not responsible for the actions of the Recipient's bank or payment service provider in any way.
4.17. PAYFI reserves the right to charge the fee specified on the Site for notifications made to the User, requests for the revocation of the Payment Order, the recovery of funds subject to incorrect Payment Transactions, and other cases if applicable. If the User is the "Sender"
4.18. The fees related to goods and services provided using the Payment Services under this Agreement and the conditions for the collection of these fees are solely determined by the Recipient, and the User accepts that PAYFI has no responsibility in these matters between the User and the Recipient.
4.19. The User accepts that interest accrued by the Recipient in accordance with the legislation can also be paid through the Payment Services and that the User's Payment Account can be debited for the relevant amount based on the Recipient's instruction.

Incorrect/Unauthorized Transactions

4.20. The User is responsible for securely protecting their Payment Account, Payment Instrument, password, Sensitive Payment Data, and taking all measures to prevent these information from being used by others; in case of an event that raises suspicion of fraudulent and unauthorized use of the Payment Instrument, loss, theft of the Payment Instrument, or learning that the transaction was carried out outside their will, the User is obliged to immediately notify PAYFI's call center at (994) 12 597 4872 or the email address to be published on the Site. The User accepts that they will be liable for any damages arising from the use of the payment interface, Payment Instrument, Sensitive Payment Data, and/or username and password by unauthorized persons and/or for purposes other than the intended purpose without any fault of PAYFI, as specified in this Agreement.
4.21. If PAYFI detects such situations, it is obliged to suspend or close the use of the Payment Instrument on its own and inform the User about the reason for the suspension/closure.
4.22. PAYFI will enable the use of the Payment Instrument if the User notifies that the reason for closing the use of the Payment Instrument has been eliminated.
4.23. If the payment amount has been transferred to the Recipient or the Recipient's payment service provider as of the date of notification, PAYFI will request a refund of the relevant amounts from the Recipient or the Recipient's payment service provider and transfer these amounts to the User.
4.24. The User is obliged to notify PAYFI of the unauthorized or incorrectly performed payment transaction and request a correction from the date they learned of the unauthorized or incorrectly performed payment transaction. The correction request cannot exceed thirteen (13) months from the date of the payment transaction (this period cannot exceed 6 (six) months in cases where the User is not a consumer).
4.25. If it is determined that the transaction was unauthorized or incorrectly performed, PAYFI will immediately refund the incorrect amount related to the transaction to the User or restore the User's Payment Account to its original state. If the payment amount has been transferred to the Recipient or the Recipient's payment service provider as of the date of notification, PAYFI will request a refund of the relevant amounts from the Recipient or the Recipient's payment service provider and transfer these amounts to the User.
4.26. In case of loss, theft, or unauthorized use of the Payment Instrument and/or password information, the User is liable up to 150 (one hundred fifty) Turkish Liras. The User will not be liable for unauthorized payment transactions occurring after their notification. If the User fraudulently uses the Payment Instrument and intentionally or grossly negligently fails to fulfill their obligations specified herein, the User is liable for all damages arising from this without any limitation of time and fee.
4.27. If there is a justified belief that the Sender's transaction is unauthorized, the Sender's authorizations will be reviewed, and payment may not be accepted in case of suspicion of fraudulent transactions. The Sender will have no claim rights in this case.
4.28. If the payment is recovered from the Recipient and/or the Recipient's payment service provider due to an incorrect or unauthorized transaction, the amount of the loss resulting from the transaction can be deducted from the recovered amount without any permission or notification.

Refunds in Recipient Transactions

4.29. Provided that the request is made within 2 (two) months from the date of the relevant payment transaction, the User may request a refund for the amount of the payment transaction if the amount of the payment transaction exceeds the expected amount based on the spending history and the amount specified during the authorization, provided that the goods or services have not been consumed. In this case, PAYFI may request the User to provide factual evidence regarding their request. However, in any case, if the approval for the payment transaction is given directly to PAYFI or if the User is notified at least 1 (one) month before the payment is to be made, the User cannot request a refund for the relevant Payment Transaction. In cases where a refund request can be made under this article, PAYFI will make the payment within 10 (ten) business days or notify the User of the rejection decision with its reasons and the legal remedies available to the User.
ARTICLE 5: BASIC PROVISIONS REGARDING ELECTRONIC MONEY

If the User is the "Sender"

5.1. Issuance of Electronic Money: Upon the User's request, PAYFI will issue Electronic Money in the amount of the fund following the User's request for the issuance of Electronic Money, by loading the refunds received from purchases made through ATMs, EFT/transfers, and distance contracts, or other methods specified by PAYFI. PAYFI will issue the Electronic Money and provide the User with a receipt indicating the amount of the issued Electronic Money in exchange for the fund amount.
5.2. Unless otherwise specified by the User in writing, the holder of the Electronic Money is considered the legal owner of the Payment Instrument. In other cases, PAYFI may suspend or terminate this Agreement.
5.3. Conversion to Fund: The User can request the conversion of Electronic Money into funds partially or entirely through channels to be determined by PAYFI. PAYFI will transfer the funds equivalent to the Electronic Money to the User's account with the IBAN number provided within 1 (one) business day following the completion of the required legal obligations and the provision of all necessary information, including the IBAN number.
5.4. In conversion transactions, it will be required to verify that the bank account to which the refund will be made belongs to the User. The User accepts that in this case, the conversion fee specified on the Site will be deducted from the total amount to be refunded.
5.5. If the amount requested for refund and/or the monthly balance and/or usage amount exceed the limits stipulated by the applicable legislation, the User accepts that they must undergo identity verification, otherwise, no refund will be made until this verification is completed.
5.6. PAYFI reserves the right to impose additional obligations regarding the use or conversion of the Electronic Money in the User's electronic money account within a certain period. At the end of this specified period, any unused and unconverted Electronic Money will be converted into funds and transferred to the User without any demand or notification obligation at the end of the period.
ARTICLE 6: FEES
6.1. If there are fees, commissions, and other charges ("Fees") to be paid by the User in return for the Payment Service, they will be presented on the Site for the relevant transaction and/or service.
6.2. Fees can be updated unilaterally by PAYFI, and the User accepts that the current service fee will be collected as specified above as long as they use the service unless they terminate the Agreement following the notification made to them under this Agreement.
6.3. In addition to the notifications that PAYFI is required to make under the legislation, if additional information, more frequent notifications, or notifications in a different manner than specified in this Agreement are requested, the fee schedule specified in the Application and the Site will apply.
6.4. Other transactions not included in this Agreement that are subject to a fee within the scope of Payment Services will be determined by PAYFI, and the User will be subject to the specified transaction fees.
6.5. PAYFI may offset its receivables from the User under this Agreement from the payments to be made to the User without any notification. The User accepts, declares, and undertakes in advance that they will not make any objections or claims in this regard.
ARTICLE 7: OTHER PROVISIONS

Duration and Termination of the Agreement

7.1. The Agreement enters into force on the date it is approved electronically by the User and remains in force unless terminated by mutual agreement of the Parties.
7.2. PAYFI may terminate the Agreement with a written notification to be made 2 (two) months in advance at any time; the USER may terminate the Agreement with a written notification to be made 1 (one) month in advance without paying any compensation.
7.3. If it is determined that Payment Services are used for purposes contrary to the legislation and morality and/or for the procurement of goods and services contrary to the legislation and morality, PAYFI may terminate this Agreement immediately.
7.4. Unless it is due to PAYFI's negligence or fault, if the activity license obtained by PAYFI from the Bank is canceled or terminated, this Agreement will terminate automatically without any compensation liability.
7.5. If the User uses the Payment Services in insecure and/or suspicious places as considered by PAYFI within the scope of the Agreement, in cases of suspicion of fraudulent or unauthorized use, and similar situations, PAYFI may suspend the services provided to the User, temporarily or permanently close the Payment Account and/or Wallet and/or other Payment Instrument to use by notifying the User. In this case, PAYFI will inform the User unless there are provisions in the legislation that prevent information or objective reasons threatening security, and will make the services and Payment Instrument available to the User again when the suspension reason is eliminated.
7.6. In disputes arising from this Agreement, the Istanbul Central (Çağlayan) Courts and Enforcement Offices are authorized.
7.7. In all cases considered force majeure, PAYFI cannot be held responsible for late or incomplete performance or non-performance of any of its obligations under this Agreement. Force majeure will be interpreted as events that occur beyond the reasonable control of the relevant Party, including but not limited to natural disasters, riots, war, strikes, lockouts, failures in the telecommunications infrastructure, power outages, and adverse weather conditions. The obligations of the Parties will be suspended during the force majeure period. If the force majeure lasts longer than 1 (one) month, this Agreement may be terminated by the Party whose rights cannot be performed.
7.8. Unless otherwise stated in the Agreement or applicable legislation, all notifications under the Agreement can be made in writing or electronically. PAYFI will make notifications to the User under this Agreement at the times specified to the email address provided by the User.
7.9. This Agreement will be provided to the User by PAYFI; however, upon request, documents related to the Agreement and transactions made will be provided for the fees specified on the Site.