Distance Selling Agreement and Preliminary Information Form
GAİN MEDYA A.Ş. DISTANCE SALES AGREEMENT AND PRELIMINARY INFORMATION FORM
Effective Date: 09.03.2026
About This Text
Please read this Distance Sales Agreement containing your legal rights and information, together with the Preliminary Information Form set out below under Article 1. This text has been prepared in accordance with the Law No. 6502 on Consumer Protection (the “Law”) and the Distance Contracts Regulation (the “Regulation”), in order to inform the consumer in advance during the online sale of subscription services and to establish the distance contract.
1) PRELIMINARY INFORMATION FORM
1.1. Who Are We? (Seller / Provider Information)
Trade Name: GAİN Medya A.Ş.
MERSIS No.: 0388142096900001
Registered Address: Ömer Avni Mah. Fındıklı Çelebi Hamamı Sk. Somer Han No: 2 Inner Door No: 4 Beyoğlu /
Istanbul/TURKEY
Phone Number: +90 444 0 830
E-mail (Support): destek@gain.com.tr
Registered Electronic Mail (KEP): gainmedya@hs03.kep.tr
1.2. Main Characteristics of the Service
GAIN is a digital broadcasting platform (“Platform”) that provides access via the internet and compatible devices to films, series, documentaries, programs, and similar digital content. GAIN may update and change the content and/or elements of the Platform (for example, its design, layout, features, and functions). In addition, the content catalog offered on the Platform may change from time to time on a regular basis; new content may be added and certain content may be removed for licensing or scheduling reasons.
Within the scope of the Subscription, the Subscriber is granted the right to access the content on the Platform solely for non-commercial, personal entertainment purposes and subject to the Terms of Use/Agreement.
If GAIN grants you authorization to copy or download any part of the Platform, such authorization shall be limited solely to displaying a single copy for non-commercial, personal, entertainment use and requires you to retain all copyright, trademark, and other proprietary notices as they are. The use of any material on another service or in any networked computer environment is prohibited.
1.3. Service Subject to the Agreement
The subject matter of the Agreement is the provision in electronic form of the GAIN Subscription service with the following features:
• Access to the content available on the GAIN platform for personal and non-commercial use within the scope of the subscription,
• Use of platform features during the subscription period, • Device/application-based technical specifications and limitations.
1.4. Price, Taxes, and Additional Charges
• Subscription fees and any campaigns/promotions are displayed on the purchase (payment) screen.
• Current monthly subscription fee: TRY 249 / month.
• All taxes are included in the subscription fee.
• As the service is digital, there are no delivery/shipping charges.
1.5. Payment Method and Payment Infrastructure
Payments made by card via the website may be processed through payment infrastructure providers such as İyzico, Param, N Kolay, etc.; mobile payments may be processed through providers such as Payguru. During the payment process, your card data is processed through the secure infrastructure of the relevant payment institution; GAIN is not required to store your card information directly.
Note: For in-app purchases (App Store/Google Play), payment is subject to the rules of the relevant store.
1.6. Performance, Delivery, and Commencement of the Service
Once the payment transaction has been successfully completed, the subscription is performed immediately in electronic form; your subscription rights are activated through your GAIN account.
1.7. Information on the Right of Withdrawal
Since the subscription service is a service performed instantly in electronic form / an intangible good delivered instantly, and the performance of the service begins immediately, the right of withdrawal may not be exercised pursuant to Article 15/1-ğ of the Distance Contracts Regulation.
When the Subscriber approves immediate performance of the service at the purchase step, this may result in the right of withdrawal not being applicable within the framework of the relevant legislation.
1.8. Cancellation / Termination of the Subscription
You may cancel your subscription through your account settings. Unless otherwise stated, in the event of cancellation, the subscription ends at the end of the current billing period and no fee is charged for the next period.
Unless cancelled, the subscription renews automatically at each billing period.
You may terminate your subscription at any time through your settings on the Platform; however, in order to prevent any further charges, you must do so before the end of the current billing period. If you terminate your subscription as described above, such termination will take effect at the end of the then-current billing period.
If your Payment Method expires, has insufficient balance, or otherwise fails for any reason, and you do not switch to another valid Payment Method or do not terminate any recurring Subscription to which you are subscribed, we reserve the right to suspend access to your Subscription and/or Account until you obtain a valid Payment Method, or, at our sole discretion, to terminate your Subscription (including all Promotional Offers).
1.9. Customer Services and Complaints
You may submit your support requests, issues, and questions to destek@gain.com.tr or contact us at 444 0 830.
If you suspect that your GAIN account credentials have somehow been obtained or misused, you may contact us through the above channels.
1.10. Technical Requirements and Compatibility
Use of the Platform requires an internet connection and a compatible device. Compatible devices/operating systems and features may change over time. Additions or changes may be made to the Platform’s compatibility features from time to time. Costs related to the internet provider belong to the Subscriber.
1.11. Free Trial (Trial Subscription) and Promotion
You may be offered a free trial for a Subscription, meaning access for a limited period without charging your Payment Method (as defined below) (“Trial Subscription”). The duration of each Trial Subscription will be specified at the time of registration.
When subscribing to a Trial Subscription, you must provide a valid Payment Method in order to use the subscription areas of the Platform during the Trial Subscription period. No charge will be made to your Payment Method for access to the Platform during the Trial Subscription period.
Unless you terminate your Trial Subscription before the Billing Date, upon the expiry of the Trial Subscription, the applicable fee specified at the time of registration will be charged to your valid Payment Method.
From time to time, we may offer certain subscription plans together with a promotion. Promotional offers may take various forms and may be offered on their own or as part of a bundle together with other products or services.
If a Subscription Provider offers a new or subsequent Promotional Offer after you have purchased the Subscription or the Content, no retrospective refund, adjustment, or price protection will apply to your fee in light of such offer. Any “new customer” Promotional Offer may be used only once. The conditions required for a Promotional Offer will be specified at the time each offer is presented. We will determine Promotional Offer eligibility according to the applicable terms of the offer and reserve the right to cancel the Promotional Offer if you do not meet the eligibility requirements.
You agree not to subscribe (or attempt to subscribe) more than once to the same Promotional Offer using multiple names, addresses, e-mail addresses, or other means.
After your Trial Subscription or Promotional Offer billing period ends, unless you terminate before the offer period expires, the Payment Service will begin billing your Payment Method for your Subscription at the then-current regular fee (which may change over time in accordance with our Terms of Use).
Unless otherwise required by applicable law, you will not be notified that your Trial Subscription or Promotional Offer is about to expire. Unless otherwise specified by us, you may not combine your Trial Subscription or Promotional Offer with any other offer or promotion.
1.12. Updates and Changes on the Platform
The Content on the Platform will change regularly. This means that during your Subscription, certain series, films, sports events, and other Content may become accessible while other Content may cease to be available.
Updates and changes may be made on a regular basis for the purpose of improving, maintaining, or expanding the quality or scope of the Content we make available on the Platform and the methods by which we provide that Content to you.
In addition, we cannot foresee what may change in the future in relation to the Platform. This means that changes or additions may be made to the Platform for reasons other than those stated above, provided that such changes are reasonable and permitted by applicable law.
In certain cases, we may need to make changes to the Platform for security reasons without prior notice (including to protect against cyber threats, unauthorized access, or to address other security concerns relating to our Content or our Platform). We will endeavor to minimize the effect of such changes on you as much as possible. If such changes adversely affect your access to or use of the Platform to an extent greater than a negligible effect, you will be given the opportunity to terminate your Subscription.
1.13. Dispute Resolution and Governing Law
Our customer service department is able to resolve most customer issues quickly and in a manner that is satisfactory to you. Please contact GAIN as stated in Article 1.9.
In the event of any dispute, claim, or controversy, we endeavor to resolve such matters amicably with you. In this regard, you may contact us by explaining in detail any dispute, claim, or controversy that may arise between you and GAIN. Notice may be sent to the e-mail address specified in Article 1.9 or conveyed by telephone.
This Preliminary Information Form/Agreement and any legal action initiated in relation to a dispute connected with this Agreement shall be governed by Turkish law.
In addition, as a Consumer, in the event of a dispute, you may apply to the Consumer Arbitration Committee or the Consumer Court in the place where you reside.
1.14. Miscellaneous Provisions
Personal Nature and Assignment
This Agreement with you is personal to you, and no third party may acquire any direct rights under this Agreement. You accept that we may assign our rights and obligations under this Agreement, provided that such assignment does not adversely affect your Subscription or your rights under this Agreement, to (i) group companies within the same economic entity as GAIN and/or (ii) third parties in connection with the operation, provision, or acquisition of the Platform (for example, in cases of merger, acquisition, demerger, transfer of assets, or restructuring). Unless expressly permitted in the Terms of Use, you may not assign or transfer your rights or obligations under this Agreement to a third party.
Severability
If any provision of this Preliminary Information Form and/or Agreement, or any part of any provision, is held by a court or competent authority to be unlawful, invalid, or unenforceable, the relevant provision or part thereof shall be deemed removed, while the validity and enforceability of the remaining provisions of this Agreement shall continue unaffected.
Relationship with the Terms of Use
This Preliminary Information Form is an integral part of the GAIN Terms of Use and shall prevail over the Terms of Use only in matters expressly regulated herein. The Terms of Use shall apply to all matters not regulated in this Agreement, including the general terms governing your rights, obligations, and use of the Platform.
1.15. Approval of the Preliminary Information
You accept, declare, and undertake that the Preliminary Information Form specified in Article 1 of this Agreement has been duly presented to you in accordance with the Law and the Regulation, and that you have been fully and accurately informed through this Preliminary Information Form regarding the main characteristics of the service subject to the distance contract, the fee, payment, performance, withdrawal, cancellation rights, and all other terms and conditions.
2) GAIN DISTANCE SALES AGREEMENT
2.1. Parties
• GAİN Medya A.Ş. (hereinafter “GAIN” or the “Provider”)
• Subscriber / Consumer (hereinafter the “Subscriber”)
2.2. Definitions
• Platform: GAIN’s digital access channels, including the domain name www.gain.tv and mobile/TV applications
• Content: All kinds of digital broadcasting/media content made available through the Platform
• Subscription: The right of the Subscriber to access the Platform within the scope of the selected plan
• Billing Period: Monthly/other period according to the selected plan
• Order: The Subscriber’s declaration of intent to purchase by selecting a plan through the Platform and proceeding to the payment step
• Payment Method: Card and/or other payment methods made available on the Platform
• Terms of Use: The general terms governing the use of the Platform
2.3. Subject Matter of the Agreement
This Agreement governs the rights and obligations of the parties in relation to the Subscriber’s remote purchase of the service associated with the subscription plan selected via the Platform and GAIN’s provision of such service in electronic form.
2.4. Subscription Plan, Fee, and Billing
• The plan selected by the Subscriber, the fee for the plan, and all items shown on the payment screen (including any promotion/discount, if any) are included in the order summary.
• The subscription fee is charged at the beginning of the period according to the selected plan and is renewed periodically unless the subscription is cancelled.
• GAIN announces price changes in accordance with the applicable legislation; if the Subscriber does not wish to continue at the fee applicable to the new period, the Subscriber may cancel the subscription.
• Unless cancelled, the subscription renews automatically at each billing period.
2.5. Payment
• The Subscriber makes payment using the methods offered on the purchase screen.
• If payment is made by card through the website, it may be carried out through payment infrastructure providers such as İyzico, Param, N Kolay, etc.; mobile payments may be carried out through providers such as Payguru.
• In the event of failed payment / chargeback / cancellation, etc., GAIN has the right not to activate, to suspend, or to terminate the subscription.
2.6. Performance of the Service
Once payment is completed, the subscription service is immediately performed in electronic form and the Subscriber begins to obtain access through the account.
2.7. Right of Withdrawal
The Subscriber is aware that the service subject to the distance contract is a service performed instantly in electronic form / an intangible good delivered instantly and that, for this reason, the right of withdrawal may not be exercised under the applicable legislation. The Subscriber accepts that if the Subscriber checks the box relating to immediate performance/approval of the service at the purchase step, the Subscriber will not be able to exercise the right of withdrawal pursuant to the applicable legislation.
2.8. Cancellation and Termination of the Subscription
• The Subscriber may cancel the subscription through the account settings.
• Unless otherwise stated, cancellation takes effect as of the end of the current period; no fee is charged after that date.
• If the subscription is terminated before the end of the current billing period, the termination request will take effect at the end of the then-current billing period.
• Without prejudice to mandatory provisions of law, no pro rata refund is made for cancellation during the period.
2.9. Content, Platform Changes, and Technical Conditions
• The content catalog may change over time; the continued availability of any particular content is not guaranteed.
• The operation of the Platform may depend on third-party factors such as internet connection, device compatibility, and store policies.
• GAIN may make reasonable changes to the Platform for maintenance, security, or improvement purposes.
2.10. Trials and/or Promotions
GAIN may from time to time offer certain subscription plans in the form of a discount or free trial (“Promotion/Trial”). The terms of the Promotion/Trial (duration, scope, eligibility, etc.) are specified separately at the time of the offer, and eligibility is determined by GAIN. If it is determined that you do not meet the eligibility criteria, GAIN reserves the right to cancel the Promotion/Trial.
Even if a different campaign/discount is offered after purchasing the subscription, no retrospective refund, adjustment, or price protection shall apply to the subscription fee. “New user” promotions may, unless expressly stated otherwise, be used once. The Subscriber agrees not to benefit from the same Promotion/Trial more than once by using multiple accounts or different information (name/e-mail/phone/payment method, etc.).
When the trial or promotion period ends, unless the subscription is cancelled before the end of the period, the subscription will continue by being billed at the then-current standard fee. Except where mandatory legislation requires otherwise, GAIN has no obligation to give a separate notice that the trial/promotion period is about to end.
Unless expressly permitted by GAIN, a Promotion/Trial may not be combined with another campaign or discount.
2.11. Subscriber’s Obligations
The Subscriber agrees not to share the account with third parties, not to use the Platform for unlawful/commercial purposes, and not to engage in acts of infringement such as reverse engineering, copying, or unauthorized publication.
2.12. Personal Data
Personal data is processed within the framework of GAIN’s current Personal Data Protection Law (KVKK) disclosure text and privacy policy.
2.13. Force Majeure
In cases arising outside the control of the parties and rendering performance impossible (such as infrastructure outages, cyber incidents, administrative measures, etc.), the affected party may suspend performance without incurring liability.
2.14. Governing Law and Jurisdiction
This Agreement is governed by Turkish law. As a consumer, the Subscriber has the right to apply to the Consumer Arbitration Committee / Consumer Court in disputes.
2.15. Miscellaneous Provisions
Personal Nature of the Agreement and Assignment
This Agreement with you as Subscriber is personal to you, and no third party may acquire any direct rights under this Agreement. As Subscriber, you accept that, provided that such assignment does not adversely affect your Subscription or your rights under this Agreement, we as the Company may assign our rights and obligations under this Agreement to (i) group companies within the same economic entity as GAIN and/or (ii) third parties in connection with the operation, provision, or acquisition of the Platform (for example, in cases of merger, acquisition, demerger, transfer of assets, or restructuring). The Subscriber accepts, declares, and undertakes not to assign or transfer any rights or obligations under this Agreement to a third party unless expressly permitted under the Terms of Use.
Severability
If any provision of this Agreement, or any part of any provision, is held by a court or competent authority to be unlawful, invalid, or unenforceable, the relevant provision or part thereof shall be deemed removed, while the validity and enforceability of the remaining provisions of this Agreement shall continue unaffected.
Relationship of the Agreement with the Terms of Use
This Agreement is an integral part of the GAIN Terms of Use and shall prevail over the Terms of Use only with respect to matters expressly regulated herein. The Terms of Use shall apply to all matters not regulated in this Agreement, including the general terms governing your rights, obligations, and use of the Platform.
2.16. Suspension and Termination
The Company may suspend access or terminate the subscription in cases such as (i) non-payment, (ii) misuse, (iii) unlawful use, or (iv) security risk. Mandatory provisions of law are reserved.
2.17. Limitation of Liability
Without prejudice to mandatory provisions of law, the Company does not undertake that the Platform will be uninterrupted/error-free and cannot be held liable for disruptions arising from the Subscriber’s device, internet connection, or third-party services.
2.18. Entry into Force and Acceptance
The Subscriber accepts that the Subscriber has read the Preliminary Information Form, approved the Agreement in electronic form, and that the Agreement is concluded upon completion of the payment transaction.