PLEASE READ THESE CUSTOMER SERVICE TERMS CAREFULLY
Our Customer Service Terms are a contract between you (the Customer) and (WebturesAPP) that describes the services we will provide to you, how we will work together, and other aspects of our business relationship. The Contract is composed of the following documents:
Main Terms: The disclosures contained herein contain the basic legal and commercial terms applicable to your subscription.
Product-related Terms: These include additional terms that apply to your use of each of our product offerings, consulting services, and other services.
Legal Conditions: Depending on your location, some of the specific terms contained herein will apply to you.It will also explain which service you have contracted with in WebturesAPP and which laws will govern our relationship.
Data Processing Agreement: It explains how we process your obtained data. Your personal data is processed and maintained in accordance with the Protection of Personal Data (KVKK) numbered 6698.
Your Order Form: A form created after purchasing one of our products or services through our checkout process or in-app purchase.It includes all the details about your purchase, including your subscription period, products purchased and your fees. You can find your Order Forms in the orders/invoices section of your WebturesAPP panel.
Unless you accept the explanations in the order form, you cannot benefit from our products and services. By using the Subscription Service or by receiving the Consulting Services, you agree to these terms.
These terms are updated periodically. If you have an active WebturesAPP subscription, we inform you when an update takes place via an E-Posta Adresiniz or in-app notification.
2. Use of the Services
4. Term and Termination
5. Customer Data
6. Intellectual Property
9. No Warranties
“Affiliate” means any entity that is directly or indirectly controlled or under common control by a party to this Contract. “Control” for purposes of this definition means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Contract” or “Customer Service Terms” is these Main Terms and any materials referenced or linked herein.
“Billing Period” is the approval period for prepayment charges, which are the same or shorter than the Subscription Period specified in the Order Form. For example, if you subscribe to the Subscription Service with a twelve (12) month down payment, the billing period will be twelve (12) months.
“Confidential Information” is all verbal or written confidential information shared between the parties. Confidential Information will include all the following:
(a) Customers’ past, current or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finance, research, development and all information regarding the terms and conditions of this Contract. Confidential Information will not contain any information available to the public generally.
“Contact Information” includes your Adınız, address, E-Posta Adresiniz address, telephone number, userAdınızs and similar information submitted by visitors to your landing pages in the Subscription Service or uploaded by you to the Subscription Service.
“Consulting Services” is professional services provided to you by us, including SEO services, analytics, installation, integration or other consulting services.
“Customer Data” is any information you submit or collect in connection with the Subscription. Customer Data doesn’t include WebturesAPP content.
“Customer Materials” is any material you provide, upload, submit for public viewing through the Subscription Service.
“Free Services” is any other products or features offered by us free of charge.
“WebturesAPP Content” is all information, data, text, messages, software, audio, music, video, photos, graphics, images and tags that we include in the Subscription Service or Consulting Services, including Development Data (as defined in the Product).
“Order” or “Order Form” is the WebturesAPP approved form by which you agree to subscribe to the Subscription Service and purchase the Advisory Services. Most orders are completed through our online payment process or in-app purchase. If you are purchasing Consulting Services only, the Order may be referred to as a “Statement of Service”.
“Personal Data” is any information relating to an identified or identifiable person that is protected under the Personal Data Protection Act, such as personal data or personally identifiable information.
Periodically updated “Product and Service Catalogue”, at www……………………..com refers to WebturesAPP’s Product and Service Catalogue.
“Product-related Terms” is the product-related terms that apply to your use of WebturesAPP products or our consulting services. These terms are part of the Customer Service Terms, which you can find at www……………………..com.
“Sensitive Information” refers to (a) credit or debit card information; personal bank account numbers or bank instructions; Social Security numbers or equivalent; passport numbers; identification numbers or similar; passwords or login information; racial or ethnic origin; physical or mental health status information; or other employment or health information, including information subject to Payment Card Industry Data Security Standards and other regulations, laws, or industry standards designed to protect similar information;
“Subscription Fee” is the amount you pay for the Subscription Service or Consulting Service.
“Subscription Service” refers to our accessible, web-based inbound marketing and sales applications, tools and platforms that we develop, operate and maintain for you, which you subscribe to via the Order Form or otherwise make available to you.
“Subscription Term” refers to the initial term of the applicable Subscription Service specified in your Order Forms and each subsequent renewal period (if any).
“Third Party Sites” refers to any third party websites that linked to the Subscription Service, including Communication Services.
“Total Committed Subscription Value” is the total Subscription Fee paid or payable to us during your applicable Subscription Periods for all your WebturesAPP accounts.
“Users” refers to your employees, representatives, consultants, contractors or agents, who are authorized to use the Subscription Services and identified in the panel for the Subscription Service.
“You” or “Customer” refers to the person or entity that uses the Subscription Service or receives the Consulting Services and is identified as a customer on the current account registration, invoice, online subscription process, or Order Form.
- USE OF THE SERVICES
2.1 Access: During the Subscription Period, we will provide you with access to use the Subscription Service as described in this Contract and the applicable order. We may also provide access to your WebturesAPP account at any time to use our Free Services. We may offer certain or all elements of the Subscription Service through third party service providers. Your Affiliates may access the Subscription Service and benefit from Consulting Services purchased under the order; provided that such access, use and receipt by your Affiliates are in accordance with the Contract and you continue to be responsible at all times for your Affiliates’ compliance with the Contract.
2.2 Additional Features: You can subscribe to additional features of the Services by placing an Additional Order or activating the additional features from your WebturesAPP account. This Contract will apply to any additional Order(s) and additional features you have activated from your WebturesAPP account.
2.3 Service Uptime Commitment: For detailed information on WebturesAPP’s service uptime commitment, please review the product terms.
2.4 Scope of Service: The scope of our services will be specified in your Order Form, this Contract, our Products and Services Catalogue and our Free Subscriptions. It may also be specified within the product. For more information on the scope of service applicable to your subscription, please review the product terms.
2.5 Amendments: We change our Services from time to time, including by adding or deleting features to improve your experience.
2.6 Customer Support: Please refer to the Product Terms for information on the customer support terms applicable to the service you purchased.
2.8 Prohibited and Unauthorized Use: Using any automated system that sends requests to our servers by users in excess of the system capacity; use any of our websites in a way that damages, disables, overloads, blocks or interferes with any party’s use of the Subscription Service; Attempt to gain unauthorized access to the Subscription Service; access the Subscription Service outside of our interface; or using the Subscription Service for any illegal or prohibited purpose.
You may not use the Subscription Service if you are legally prohibited from receiving or using the Subscription Service under the laws of the country in which you reside, access or use the Subscription Service.
2.9 Sensitive Information Management: Our Services are not designed to process or manage sensitive information; You agree that we collect, manage or process information. In case of subscription, WebturesAPP is not responsible for any negativities that may occur regarding the collection, process or management of sensitive information since its use.
2.10 Customer Responsibilities: Your participation and effort are required for you to fully benefit from our Subscription Service and Consulting Services. Resources that may be requested of you include a project manager, a creator, a sales sponsor, an executive sponsor, and a technical resource (or equivalent). Responsibilities that may be required include planning marketing programs; creating content, blog posts, social media content, calls to action (CTAs), downloads, E-Posta Adresinizs, and other materials; Acting as internal liaison between sales and marketing; Providing high-level internal targets for use of the Subscription Service; Supporting the integration of the Subscription Service with other sales and marketing systems.
2.11 Free Trial: If you sign up for a free trial, the duration of the applicable Subscription Service will be until the end of the free trial period (if not already terminated) or the start date of your paid subscription. If a subscription to the applicable Subscription Service is not purchased before the end of the free trial period, all your data in the Subscription Service may be permanently deleted at the end of the trial period and may not be recovered.
2.12 Legacy Products: If you have an older WebturesAPP product or service, some features and limits applicable to that product may differ from those appearing in the Main Terms, Product Terms, and/or Product and Service Catalogue. If you have legacy WebturesAPP products or services, you can choose to migrate you to our current products at any time. If you determine that you are using an old product and want to upgrade to the current version, you must place a new Order.
3.1 Subscription Fees: The Subscription Fee will remain fixed for the first term of your subscription, unless stated otherwise in the Product-related Terms. For example, your charges may increase if you: (i) exceed your limits, including the Person limit or E-Posta Adresiniz sending limit, (ii) upgrade products or basic packages, (iii) purchase additional features or services, including additional contacts. You can find all the information on how your fees can be changed in the product terms.
3.2 Fee adjustments in renewal: After renewal, your fees may change according to the current list price specified in our products and services catalogue. We will notify you of this increase at least thirty (30) days before your renewal period and the increased fees will apply at the beginning of the next renewal period. If you do not agree to the fee increase, one of the parties may choose to terminate your subscription at the end of your current term by giving the necessary notice in the ‘Notification of Non-Renewal’ section.
3.3 Payment by credit card: If you pay by credit card, you allow us to charge your credit card or bank account for all fees payable during the subscription period.
3.4 Payment against invoice: If you request an invoice before payment, we will invoice you for each subsequent subscription period from the beginning of the subscription period. Unless otherwise stated on the Order Form, all invoiced amounts are due within thirty (30) days from the invoice date.
3.5 Payment Information: Your contact information, billing information and credit card information (if any) must be kept up-to-date.You can make changes on your Billing page in your WebturesApp account. All amounts paid are non-refundable unless specifically stipulated in the contract. All fees are due and payable in advance during the subscription period.
3.6 Taxation: All fees are exclusive of taxes we will charge as applicable. You agree to pay all applicable taxes for your use of the Subscription Service and for the Consulting Services. In line with the information you have entered in the Billing section, you declare that you are registered for VAT in your member country. Invoicing will be made to your company information or to yourself.
4. TERM and TERMINATION
4.1 Term and Renewal: Your initial subscription term will be specified in your order, and your subscription will be automatically renewed for as long as it is not canceled or for one year, unless otherwise specified in your order.
4.2 Notice of Non-Renewal: Unless otherwise specified in your order, you must provide written notice for your subscription not to be renewed. You must make this notification at least 1 week before the renewal date of your subscription. Terms may vary depending on WebturesAPP product and version.
If you decide not to renew at the same time, you can turn off auto-renewal by accessing your subscription information in your WebturesAPP account via the panel.
4.3 Early Cancellation: No refunds will be given for prepaid services purchased or unused Subscription Fees. Be sure to notify so that there is no renewal. See the ‘Non-Renewal Alert’ section for information on how to cancel your subscription.
4.4 Termination for Reason: Either party may terminate this Contract for a cause: Grounds; If any breach occurs and is not resolved after the breach notification period expires, thirty (30) days’ notice is not given to the other party of a material breach, or the parties are subject to bankruptcy, withdrawal, liquidation, or any other proceeding in the interests of creditors.
Moreover, if we determine that you have acted in a way that reflects on or may adversely affect us and our potential customers, we may terminate this contract with thirty (30) days’ notice.
This Contract may not be otherwise terminated before the end of the Subscription Term.
4.5 Suspension of the Contract:
4.5.1 Suspension for prohibited acts:
We may suspend any user’s access to all Subscription Services without notice under the following clauses:
(i) the Subscription Service is used in violation of applicable local or foreign law or in violation of the terms of the contract;
(ii) SPAM through feedback loops.
(iii) Violation of the copyright or trademark rights of any person or entity and the repeated posting or uploading of material belonging to that mark.
We can review data or delete material without notice given that’s determined to violate the Turkish Commercial Code. However, we are not authorized to control or monitor (unless applicable laws or regulations specify otherwise).
4.5.2 Suspension for Non-Payment
You will be notified about any amount due has not been paid. Your access to any or all Subscription Services will be suspended ten (10) days after such notice unless the full amount is paid. If the Subscription Service is suspended due to non-payment, a reactivation fee may be charged to reinstate the service.
We will endeavor to limit the suspension to the affected portion of the Subscription Service and will try to promptly resolve any issues that led to the suspension of the Subscription Service.
4.5.3 Suspension and Termination of Free Services:
We may suspend, limit or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.
4.6 Termination or Subscription Termination: If your paid subscription is terminated or expires, we will continue to provide you with our free services.
You will continue to be bound by this Contract as long as you have access to a WebturesAPP account.
Upon termination or expiration of this Contract, you will cease all use of the Subscription Service and WebturesAPP content. If you terminate this Contract for a cause, we will refund any unused fees after you terminate the use of the subscription service.
5. CUSTOMER DATA
5.1 Customer’s Property Rights: Customer owns all rights to its materials and data on WebturesAPP. This contract does not give WebturesAPP ownership over Customer materials or data. You consent to the use of customer materials and data only as necessary and to the extent permitted by this Contract with our licensors to provide the Consulting Services. If you are using the Subscription Service or obtaining Consulting Services on behalf of another party, you represent and warrant that you have all adequate and necessary rights and permissions to do so.
5.2 We will not use or allow anyone else to use Customer data to communicate with any person or company, except with your direct or indirect consent. We will only use customer data to provide you with Advisory Services to the extent permitted by applicable law.
5.3 We can monitor our customers’ subscription service usage and also use the collected information for our improvement in an aggregated and anonymized manner.
5.4 Protection of Customer Data: As WebturesApp, we show maximum sensitivity to the security of your personal data. Your personal data is processed and maintained in accordance with the Personal Data Protection Law No. 6698 (“PDPL ”).
5.5 Customer Data Transactions: Your personal data obtained by any of the methods listed above to be stored and processed outside Turkey or processed in Turkey will also be transferred to the service intermediaries located abroad (countries accredited by the Board of Personal Data and where there is adequate protection for the protection of personal data) within the scope of PDPL and in accordance with the purposes of the contract.
Your Personal Data can be shared with our business partners with whom we cooperate and/or receive services for the presentation and promotion of products and services; with supplier companies, banks, financial institutions, Turkish Banks Association of Turkey Risk Center, and other real or legal persons; with the competent authorities who will determine your location in case of an emergency call; with Investors, Incubators, Accelerators and large organizations in the ecosystem; with your attorney and representatives authorized by you; with regulatory and supervisory agencies and other public institutions such as courts and enforcement offices, and other public institutions or organizations authorized to request your personal data; with legal entities that have a commercial relationship with WebturesApp and have your phone number.
In addition, when you change your sim card for the purpose of ensuring your transaction and information security and identity verification during your banking and finance-like transactions over your mobile lines, information such as the phone number you are connected to the mobile internet is provided to banks and financial institutions. If you are an approved account on WebturesApp, your phone number and e-mail addresses may be shared with financial institutions, telecommunication institutions, investors, incubation centers, municipalities and similar legal entities that have various information so that they can provide you with critical information and reach you for promotional, marketing and similar purposes.
5.6 Webtures.com.tr is obliged to take software measures such as cash, encryption, transaction record, access management and physical security measures in order to ensure their safekeeping by preventing the unlawful processing of personal data in accordance with Article 12 of Personal Data Protection Law (KVKK), and preventing unauthorized access to the systems and databases where your personal data is stored. In case the processed data are collected by other parties through unlawful methods, the Personal Data Protection Board will be notified in written form in accordance with the law within the shortest time.
6. INTELLECTUAL PROPERTY
6.1. All registered, proprietary, or unregistered intellectual property rights, such as Konu Başlığı, business Adınız, trademark, patent, logo, design, information, and method included in this website, belong to the site operator and owner company or the person concerned and are under the protection of national and international law. Visiting or making use of the services of this Site does not grant any rights concerning such intellectual property rights.
6.2. The information provided on the Site cannot be reproduced, published, copied, presented, and/or transmitted by any means. The whole or a part of the site cannot be used on other internet site without permission.
6.3 We encourage all our customers to comment on the Subscription Service or Consulting Services, make suggestions for improvement and vote on any suggestions they like. You agree that such comments and suggestions will not be confidential and we have all rights to use them without payment or attribution to you and also to include them in the Subscription Service or Consulting Services.
7.1. All the services provided in our site WebturesApp are owned and operated by our company Webtures Dijital Bilişim A.Ş, which resides at Esentepe Mahallesi, Milangaz Caddesi No: 77, 34870. Our company may send campaigns, information about new products and promotional offers to its customers and members from time to time. Our members can make all kinds of choices about whether or not to receive such information whilst becoming a member, and then after logging in, this selection can be changed in the account information section, or members may stop receiving notifications via the link in the notification message received. During the approval process via our website or via e-mail, personal information transmitted electronically by our members will not be disclosed to third parties, except for the purposes and scope determined by the “Membership Contract” we have made with our Members. Our company records and uses the IP address of its members in order to identify problems related to the system and to resolve any problems or disputes that may arise regarding the service provided. IP addresses may also be used to identify users in general and to gather comprehensive demographic information. Our company may use the requested information for direct marketing by itself or its collaborators, outside the purposes and scope specified in the Membership Contract.Personal information can also be used to contact the user when necessary. Information requested by our company or information provided by the user or information about transactions made through our store; can be used by our company and its collaborators in various statistical evaluations, database creation and market research without revealing the identity of our members, outside of the purposes and scope specified in the “Membership Contract”. Our company undertakes to keep personal information strictly confidential, to treat it as a confidentiality obligation, to ensure and maintain confidentiality, to take all necessary measures and to exercise due diligence in order to prevent unauthorized use or disclosure of any or all of the confidential information to the public domain and to prevent it from being disclosed to a third party.
7.2 Our company prioritizes the security of credit card holders who shop at our shopping sites.Your credit card information is not stored in any way. When you do transactions, there are two things you need to pay attention to in order to understand that you are on a secure site. One of them is a key or lock symbol at the bottom line of your browser. This shows that you are on a secure internet page and all your information is encrypted and protected. This information can only be used depending on the sales process and within the instructions you provide. Information about the credit card used during shopping is encrypted with 128 bit SSL (Secure Sockets Layer) protocol, independent of our shopping sites, and sent to the relevant bank for questioning. If the card is approved, the transaction takes place. Since no information about the card can be viewed and recorded by us, third parties are prevented from obtaining this information under any circumstances.
The reliability of the payment / invoice / delivery address information of orders placed online by credit card is audited by our company against Credit Card Fraud. For this reason, the accuracy of financial and address / telephone information must first be confirmed in order for customers who place an order from our sites for the first time to move onto the supply and delivery page. If necessary, the credit card holder customer or the relevant bank is contacted to check this information.
Only you can access and change all the information you provide while registering as a member. If you protect your login information securely, it is not possible for others to access and change your personal information. For this purpose, during membership transactions, action is taken within the 128-bit SSL security area. This system is an international encryption standard that cannot be broken. Online shopping sites with an information line or customer service and where their full address and telephone information are displayed are more preferred today. This way, you can get detailed information about all the issues you have in mind, and you can get more reliable information about the reliability of the company that provides online shopping service.
1. To comply with the obligations imposed by the legal rules in force, issued by the competent legal authority such as Law, Decree-Law, Regulation, etc.;
2. To fulfill the requirements of the “Membership Contract” and other contracts concluded with the users and to put them into practice;
Requesting information about users for the purpose of conducting a research or investigation duly carried out by a competent administrative and judicial authority
4. Cases where it is necessary to provide information to protect the rights or security of users.
You can reach our company’s contact information below.
Company Adınız: Webtures Dijital Bilişim A.Ş.
Address: Esentepe Mahallesi, Milangaz Caddesi No:77 A2 219 34870 Kartal/Istanbul
E-Posta Adresiniz: [email protected]
Phone: +90 216 599 0495
You grant us the right to add your Adınız and company logo to our client list and website. If you wish to object to this, you can send an e-mail to [email protected].
9. NO WARRANTIES
The present article shall apply to the maximum extent permitted by applicable law. The services are based upon “provided” and “provided when possible” and make no warranty of any kind, either express or implied, legal or otherwise, with respect to the services or application, including all implied warranties of merchantability or convenience for a particular purpose.
10.1 Amendments: We may update or change any or all of the Customer Service Terms, including fees and charges associated with our services. If these Customer Service Terms are updated or changed, the updated terms will be published on ………………………. and you are informed by e-mail or in-app notification.
The updated Customer Service Terms will be effective and binding on the next business day after pulishing date.
If you do not agree to a change to the Customer Service Terms, you must notify us in writing within thirty (30) days of receiving notice of the change. If you submit a notice, your subscription will continue to be subject to the terms and conditions of the Customer Service Terms before changes are made for the remainder of your current term. If the renewal is made, the Customer Service Terms published by us on our website will apply.
10.2 Force Majeure: If the performance of any obligation under the Contract cannot be fulfilled due to force majeure, the Party affected by the force majeure shall not be liable for failing to fulfill the said obligation within the scope of the Contract to the extent and for the duration of the force majeure.
The following shall be considered to be Force Majeure:
a) If it has occured after the execution of the Contract,
b) If it cannot be foreseen and prevented by a prudent trader,
c) If it’s an inevitable obstacle to the performance of the obligations arising from the Contract, and
d) The non-performance of any of the obligations arising from the contract by the debtor must not be a direct or indirect result.
Without prejudice to the provisions above, force majeure, includes but isn’t limited to the enumerated ones: natural disaster, war, civil war, occupation, actions of foreign powers, rebellion, revolution, uprising, military force or law issued through government departments or a duly established authority , statutes, rules, orders, seizures, boycotts or general strikes, lockouts, import restrictions.
In the case of Force Majeure, the Party affected by the Force Majeure (within 24 hours at the latest) will promptly notify the other Party of the situation in writing, evaluate the other Party’s recommendations for mitigation in good faith, and take the necessary measures to mitigate the damage. The obligations of the Parties will continue after the end of the force majeure.
In case of force majeure, the relevant Party must prove to the other Party the existence of force majeure and its effect on the performance of its obligations under the Contract, with documents duly drawn up by the competent authorities (eg: Chamber of Commerce) within seven (7) days following the date of force majeure. . If the impossibility of performance exceeds ten (10) days due to a force majeure proven in this way, the right of any Party to terminate the Contract is reserved.
10.3 Relationship of the Parties: You and we agree that no joint venture, partnership, employment or agency relationship exists between us.
10.4 Compliance with Laws: We will comply with the laws of the Republic of Turkey in the Subscription Service, Consulting Services and the processing of Customer Data. We reserve the right at any time to disclose information necessary to comply with any law, regulation, legal process, or governmental request.
10.5 Severability: If a portion of this Agreement is found to be invalid or unenforceable by applicable law, the invalid or unenforceable provision shall supersede a valid, enforceable provision that most closely matches the intent and remainder of the original provision. The provisions of this Contract will remain in effect.
10.6 Notifications: Notification will be sent to Authorized contact addresses.
WebturesAPP subscription may provide electronic notifications via general notification, and we may provide specific electronic notifications for you via E-Posta Adresiniz to your E-Posta Adresiniz address(es) registered in your account information or via the Subscription Service’s notification center. We may notify you by calling the phone numbers registered in your WebturesAPP account. You must keep all your account information up-to-date.
10.8 You may not assign this Contract without our prior written consent, but you may appoint a successor to this Contract with written consent in the event of a merger, reorganization, sale of all or a portion of your assets, change of control, or operation of law. The appointed successor cannot be our competitor.
10.9 No statement in this contract shall grant any third party person or entity any right, benefit or remedy under this Contract.
10.10 Service Contract: This Contract is a contract for the provision of services, not for the sale of goods.
10.11 Authority: Each party represents and warrants that it has full authority to enter into this contract and is binding on that party and that it can be implemented in accordance with its terms. The Customer further warrants and represents that it has the authority to make its affiliates comply with the terms of this Contract.
10.12 Evidential Contract: The user accepts that the parties’ books, records and documents, e-mail, messaging, sms and computer and fax records within the site shall be considered as evidence in accordance with the Law of Civil Procedures no. 6100 and that s/he cannot object.
10.13 The following sections will be in effect after the expiration or termination of this contract: ‘Definitions’, ‘Fees’, ‘Prohibited and Unauthorized Use’, ‘Early Cancellation’, ‘Termination of Reason’, ‘Suspension for Prohibited Transactions’, ‘Suspension of Illegal Conduct’ ‘Payment’, ‘Suspension for Existing Damage’, ‘Suspension and Termination of Free Services’, ‘Intellectual Property’, ‘Customer’s Property Rights’, ‘Privacy’, ‘Publication’, ‘Compensation’, ‘Disclaimers of Liability; Limitations of Liability’,’Miscellaneous’ and ‘Government and Applicable Law’. Moreover, the ‘Retrieval of Customer Data’ sections of the Product-related Terms page will be in effect after expiration or termination of this contract.