Terms of Use

1. Definitions

• "Service": the web-based software provided by Karminax, including business-management tools such as appointments, customers, packages, sales, collections and messaging over WhatsApp.
• "User" or "You": the business that registers for the Service and the personnel it authorizes.
• "Content": any data and materials entered, uploaded or created through the Service.

2. Account Registration and Eligibility

• The Service is intended for use by businesses engaged in commercial activity. The person creating the account must be authorized to represent and bind the business.
• You are responsible for keeping your account information accurate and up to date, and for maintaining the confidentiality of your login credentials.
• You are responsible for all activity that occurs under your account.

3. Subscription, Fees and Payment

• The Service is provided on a subscription basis. Applicable fees and subscription terms are stated at the time of subscription.
• Payments are collected through the payment service provider (iyzico); your payment card details are not stored by Karminax.
• Unless otherwise stated, subscriptions may renew automatically at the end of the term; you can manage renewal from your subscription settings.
• Except where required by applicable law, fees paid are non-refundable.

4. Acceptable Use

When using the Service, the User agrees not to:

• use the Service in violation of applicable law, third-party rights or these Terms;
• compromise the security of the Service, gain unauthorized access, or damage any systems;
• use the Service to send unsolicited (spam) messages or for unauthorized commercial communication;
• reverse engineer, copy, or resell the Service, or make it available to third parties without authorization.

5. Messaging and WhatsApp Use

• The Service lets you send messages by connecting your own WhatsApp Business account to Karminax. Any fees for the use of WhatsApp messaging are determined and charged directly by WhatsApp/Meta. Karminax does not charge you any separate fee or messaging credits for WhatsApp messaging.
• To send messages over WhatsApp through the Service, you must have obtained the necessary permission and consent from recipients.
• Messaging over WhatsApp is subject to the WhatsApp Business and messaging policies set by Meta Platforms, and you are responsible for complying with those policies.
• You are solely responsible for the content and lawfulness of the messages you send.

6. Content and Data

• The Content you enter through the Service belongs to you (or your customers). Karminax processes Content solely for the purpose of providing the Service.
• Details of the processing of personal data are set out in the Privacy Policy; you act as the data controller for the Content.
• We take reasonable care to protect your Content; however, you are advised to keep your own backups against possible data loss.

7. Intellectual Property

The Service, its software, design, trademarks and all related intellectual property rights belong to Karminax or its licensors. These Terms grant you only a limited, non-exclusive and non-transferable right to use the Service for the duration of your subscription and in accordance with these Terms.

8. Third-Party Services

The Service may integrate with third-party services (for example, the WhatsApp Business Platform and the payment provider). Such services are subject to their own terms and conditions, and Karminax is not responsible for those third-party services.

9. Service Availability and Support

We aim to provide the Service without interruption using reasonable efforts; however, temporary interruptions may occur due to maintenance, updates or unforeseen causes. The Service is provided "as is" and "as available".

10. Suspension and Termination

• We may suspend or terminate your account in the event of a breach of these Terms, failure to meet payment obligations, or unlawful use.
• You may terminate your subscription at any time; termination takes effect at the end of the current subscription term.
• Upon termination, your access to your Content ends, subject to any legal retention obligations.

11. Limitation of Liability

• To the maximum extent permitted by applicable law, Karminax is not liable for indirect, incidental, special or consequential damages (including loss of profit, loss of business or loss of data).
• Karminax's total liability under these Terms is limited to the total subscription fees paid by you in the twelve (12) months preceding the event giving rise to the claim.

12. Indemnification and Disclaimer of Warranties

You agree to indemnify Karminax against third-party claims arising from your unlawful use of the Service or your breach of these Terms. To the extent permitted by law, all warranties, whether express or implied, are disclaimed.

13. Changes to the Terms

We may update these Terms from time to time. We will notify you of material changes by reasonable means. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Türkiye. The parties shall first attempt to resolve disputes amicably. If a dispute cannot be resolved amicably, the competent courts and enforcement offices shall be those of the defendant's place of residence or of the place where the Service is provided.

15. Contact

For questions regarding these Terms: ELECTROCOD ELEKTRONİK YAZILIM SAN. VE TİC. LTD. ŞTİ. — info@karminax.com