DISTANT SALES AGREEMENT (“Agreement”)

Trade name: Turkcell İletişim Hizmetleri A.S (“Turkcell”) Address: Istanbul Maltepe Aydınevler Mah. İnonu Cad. No:20 Kücükyali Ofispark Telephone: 0212 313 10 00 Fax: 0212 2929331

Turkcell Customer Services: 05325320000 444 0 532 - 444 0 535 Web: www.turkcell.com.tr Registered Electronic Mail Address: Turkcell.tebligat@hs03.kep.tr Mersis No: 6-1248-6542-5749474

fizy is the music service of Turkcell. It will be hereinafter referred to as “the Service” within the scope of this Agreement.

Users are those that accept this text and use the Service.

Users can access the ‘fizy’ site by searching http://fizy.com and m.fizy.com online. Also, users that have an Android and iPhone device can download the ‘fizy’ app from the AppStore and Google Play according to the conditions mentioned in the Agreement.

They can download tracks on their cell phones or computers in accordance with the stated conditions. Also, the broadcast while playing subscription is unaffiliated and is subjected to a different charge. The data of content that was downloaded from the broadcast while playing website will be charged based on the User’s own internet tariff.

Detailed information, basic features and VAT included sales price of products that will be purchased by the User within the scope of the Agreement can be obtained through the website http://www.turkcell.com.tr/servisler/fizy. The updated version of the tax included prices of products that are mentioned there can be reached through http://www.turkcell.com.tr/servisler/fizy#ucretlendirme. TURKCELL reserves the right to update and change these charges.

The User is aware of what pertains to the Service within the scope of the Agreement and the scope of the package under the Service, its conditions and exceptions and is subjected to the regulations regarding aforementioned as per mentioned on the website http://www.turkcell.com.tr/servisler/fizy.

If there is insufficient balance present on the account of the User that benefits from the Service, the User will not be able to use the Service but if he uploads sufficient balance on his account the package and the Service will be activated. The price of each package includes VAT, Special Communication Tax and all taxes. By accepting this Agreement, the User accepts and undertakes that he can purchase packages within the scope of this Agreement, that he does not have the right of withdrawal within the scope of the package that he has purchased, that he will pay the full charges of the monthly package, VAT, Special Communication Tax included, and that he will not raise any claims, such as deductions and reimbursements for sections that he does not use and transfer of the package to other months upon conclusion of the application period.

The User can convey his request regarding reimbursement by notifying 532 and he accepts and undertakes that the fee that will arise against such a situation will be reimbursed to the credit card account that has been used in the purchase of the service, which constitutes the subject of this Agreement; that aside from this exception, he will pay the full amount of the package, VAT and Special Communication Tax included, which will change according to selection, whether or not it has been partially or fully used, and that he will not raise any claims, such as deductions and reimbursements for sections that he does not use and transfer of the package to other months upon conclusion of the application period.

To annul your music packages, the following texts should be sent to 2200: “IPTAL HAFTALIK MUZIK”, “IPTAL YIRMIBES”, “IPTAL ELLI”, “IPTAL FIZYMUZIK”, “IPTAL VIDEOMUZIK”, “IPTAL YILLIKMUZIK”, “IPTAL YILLIKFIZY”, “IPTAL GNCMUZIK”, "IPTAL FIZYPREMIUM", "IPTAL FIZY EK", "IPTAL PREMIUMFIZYYILLIK".

For Turkcell subscribers, fizy subscriptions are given with free internet data as a gift and that can only be used in fizy. The data amount in the gift might depend on the subscription type. Internet usage after consuming the data given as a gift, unless the users do not benefit from another related campaign, is charged by their own internet provider’s data tariff. Standard internet connection fees will be reflected while logging into applications of third parties, such as Twitter and Facebook, from within the application or due to certain integrations within the Service (Google Analytics, Adjust, etc.) and these will be subtracted from the package if the User has a mobile internet package. For usages of fizy that are conducted through 3G Mobile Broadband (MGB/MGBS) access points, a standard internet connection fee will either be reflected or subtracted from the package, if available, in connection with the tariff of the User.

The data traffic originating from optional track listening and downloading within the application itself is free of charge within the scope of the gifted data amount that can be used in fizy for Users that use fizy applications through Turkcell internet (apn); apart from that, data flow that could arise due to third party data and service providers, analysis/statistics codes present within the application, without using the subscription aside from the direction of the fizy application and all data usage originating from the device or operating system that the User has, is subjected to charges and these amounts can be charged within the scope of the mobile internet tariff under which the User is registered. Internet usage after consuming the data given as a gift, unless the users do not benefit from another related campaign, is charged by their own internet provider’s data tariff.

Users that are not subscribed to Turkcell accept that data traffic originating from optional listening and downloading tracks within the application can be subjected to charges through the GSM operators to which their data use is connected and that TURKCELL does not have any kind of liability with respect to this matter.

In case a defect/an issue is encountered that originates from TURKCELL within the scope of providing the service that constitutes the subject of this Agreement, the User accepts and states that he has the means to call the 532 line and duly inform TURKCELL Customer Services. Also, the User has the right to submit his applications with respect to complaint and objections to the Arbitration Committee for Consumer Problems or a Consumer Court.

The User accepts and states that he will not under any circumstance offer the Service/package, which he will receive from TURKCELL within the scope of this Agreement, to third parties for the purpose of generating income, that he is aware that TURKCELL has the right to temporarily or indefinitely stop the Services in situations that are beyond its control or in cases that require the maintenance and repair of hardware and equipment, that he will not raise any kind of claims in case the Service is interrupted in aforementioned manner, that he is aware that an internet connection is required in order to use the Service/package, that TURKCELL does not have any kind of liability with respect to enabling the internet connection and that TURKCELL is not responsible for problems that could arise with respect to the internet connection.

Aside from sharing information, which is required for the acceptance of the Agreement, with TURKCELL, the User accepts to provide TURKCELL with additional information that has been requested from TURKCELL within 3 days.

By accepting this Agreement, Users accept, state and undertake that they have read the text, that they have understood it and that they accept the rules mentioned in the Agreement and those stated on the website in the same manner as that they are indicated in the Agreement.

The conditions that are valid for those that have purchased the fizy Service from the AppStore application are as per stated below.

- Prior to making payment, you will see the price of the subscription that you have purchased.

- If the subscription that you have purchased is not annulled within a 24 hour time frame prior to conclusion of the subscription, it will be renewed each month.

- Renewal of the subscription within any time frame 24 hours prior to conclusion of the iTunes account subscription will be subjected to charges.

- The renewal fee will be equivalent to the fee that appears in Appstore for the subscription that you currently hold.

- You will be charged once per month for one subscription.