Terms & Conditions
This document has been translated for informational purposes. The legally binding version is the Turkish original.
1. General Provisions
This agreement has been concluded between Eral Yazılım Teknolojileri Bilişim Otom. San. Ve Tic. Ltd. Şti. (Tax Office: Beylikdüzü, Tax No: 3370682508), hereinafter referred to as the "Service Provider", and the natural or legal person who registers to use the Service, hereinafter referred to as the "Customer".
2. Trial Period
- The service begins with a 7-day free trial period.
- At the end of the trial period, if payment for the selected package is not made, the account will be automatically suspended.
- All features are available during the trial period; however, this period cannot be extended.
3. Payment and Refund Conditions
- Monthly/annual subscription fees are collected in advance.
- No refunds will be made after the system has been put into use.
- Once the service has started being used, no refund can be requested.
- VAT and other statutory taxes are not included in the prices.
4. Terms of Use
- Account credentials may not be shared with third parties.
- No malicious software or manipulative operations may be performed on the system.
- Each account may only be used by a single business.
- API usage is subject to monthly limits based on the selected package.
5. Social Media and Messaging Integrations
- The necessary permissions must be granted for Facebook Business, WhatsApp Business and Telegram integrations.
- Compliance with the terms of use of social media platforms is mandatory.
- Spam policies must be followed when sending bulk messages.
6. Data Security
- Customer data is protected under the KVKK (Personal Data Protection Law).
- Data is stored in encrypted form and is not shared with third parties.
- Data is stored in data centers located within the borders of Turkey.
- The Customer is responsible for obtaining the necessary KVKK consents from their own customers.
7. Service Changes
The Service Provider reserves the right to make changes to the scope of the service without prior notice.
8. Termination
- The Customer may terminate their subscription at any time.
- No refund will be made for the remaining period.
- In case of violation of the terms, the account may be suspended or terminated.
9. Jurisdiction
Istanbul Courts and Enforcement Offices are authorized to resolve any disputes arising from this agreement.
10. Service Level Commitment
- System availability is committed at 99.9% per month.
- Scheduled maintenance will be notified at least 48 hours in advance.
- Technical support is provided on business days between 09:00-18:00.
11. Intellectual Property
- The software and all related rights belong to the Service Provider.
- The Customer only has the right of use.
- The source code or structure of the software may not be reverse-engineered.
12. Confidentiality and Data Processing
- The Service Provider is obligated to maintain the confidentiality of customer data.
- Data collected within the scope of the service may be analyzed anonymously for service improvement purposes.
13. Force Majeure
- The Service Provider cannot be held responsible for service interruptions caused by force majeure events such as natural disasters, war, terrorist attacks, and internet infrastructure issues.
- In the event of force majeure, the service period will be extended by the duration of the interruption.
14. Notifications
- All notifications will be sent to the user's email address registered in the system.
- The user is responsible for keeping their contact information up to date.
- Notifications sent via email are deemed to have been delivered on the date of sending.
15. Backup and Data Recovery
- System data is backed up daily and retained for 30 days.
- Upon customer request, data recovery can be performed from backups of the last 30 days.
- The Customer is responsible for regularly backing up their own data.
16. Usage Limits
- Storage, API call and user count limits set for each package apply.
- Additional charges may be applied in case of limit overages.
17. Integration and API Usage
- API access keys must be kept confidential and must not be shared with third parties.
- In case of API misuse, access may be revoked immediately.
- Compliance with the technical documentation for integrations is mandatory.
18. Training and Support
- Initial training is provided free of charge.
- Advanced training sessions may be subject to additional fees.
- Technical support requests are evaluated in order of priority.
19. Advertising and References
- The Service Provider has the right to feature the Customer as a reference.
- The Customer's trademark may not be used without permission.
- Unless the Customer requests otherwise, they may be featured in success stories and case studies.
20. Audit and Compliance
- The Service Provider conducts security and compliance audits regularly.
- The Customer is responsible for using the service in compliance with legal requirements.
- System security audit reports may be requested.
21. Data Portability
- The Customer has the right to export their data in standard formats upon termination.
- Data export requests must be made within 30 days from the service termination date.
- Additional charges may apply for large data transfers.
22. System Requirements and Compatibility
- An up-to-date web browser and internet connection are required to use the service.
- Minimum operating system requirements for mobile applications are specified on the website.
- The Service Provider is not responsible for issues experienced when system requirements are not met.
23. Infrastructure and Security Certificates
- The system uses industry-standard SSL/TLS encryption.
- Regular security tests and penetration tests are conducted.
- The system is operated in compliance with ISO 27001 security standards.
24. Account Security and Responsibilities
- Users are required to use strong passwords.
- The use of two-factor authentication is recommended.
25. Service Quality and Performance
- System response time is targeted at a maximum of 3 seconds.
- Performance metrics are regularly measured and reported.
- System performance improvements are carried out on a regular basis.
26. Special Terms for Social Media Integrations
- API limits of social media accounts are the responsibility of the Customer.
- The Service Provider is not responsible for interruptions caused by platform policy changes.
- Compliance with the terms of use of social media platforms is mandatory.
27. System Usage Statistics
- User behavior and system performance are monitored anonymously.
- Collected data is used for system improvements.
- Statistical data may be processed with third-party analytics tools.
28. Payment Security
- All payments are processed through a PCI DSS compliant secure payment infrastructure.
- Credit card information is not stored in the system.
29. System Integration Guarantee
- Integration with third-party software is covered under technical support.
- Integration issues are resolved as a priority.
- Custom integration developments are subject to additional fees.
30. System Abuse and Sanctions
- Opening multiple accounts by the same business or its affiliates to take advantage of the free trial period again is considered system abuse.
- Accounts found to be engaging in system abuse will be immediately closed and the associated IP addresses/domains will be blacklisted.
- In cases of abuse, the Service Provider reserves the right to pursue legal action and claim compensation for any financial losses incurred.
- For companies found to be engaging in abuse, the minimum contract fee of 12 months' package price will be collected as a penalty clause.
- In cases of abuse, company information may be shared with other SaaS service providers.
31. Communication Interruptions
- In the event that the service cannot be accessed due to systemic issues, the downtime will be added to the service period.
- In case of critical system issues, status updates will be communicated via email and SMS.
- The Service Provider is obligated to mobilize all necessary resources for the resolution of systemic issues.
- Data losses caused by systemic issues will be restored from the most recent backup.
- The Service Provider cannot be held responsible for business losses that customers may incur due to technical issues.
- Users can monitor the system status in real time at status.breedcrm.com.
