These Terms and Conditions set out the basic rules for using the Durgan Interact platform provided by Durgan Bilişim Ticaret Limited Şirketi. Persons and organizations using the platform declare that they have read, understood and accepted these terms.
1) Definitions
- Durgan Interact: The software service that provides interaction, notification, response collection, reporting and related support processes.
- Customer: A natural or legal person who creates an account, defines users, uploads recipient lists or manages interactions on the platform.
- User: An authorized person accessing the platform under a customer account.
- Recipient: A person to whom the customer directs an interaction, notification or form.
- Content: Notification text, response form, question, recipient data, attachment and any similar data created by the customer or user.
2) Scope of the service
Durgan Interact is a technical platform that helps customers send notifications to recipients, collect responses, monitor results and report them. The platform does not remove the customer's own legal, commercial or operational responsibilities.
3) Account and authorization security
- The customer is responsible for the accuracy of account details and user permissions.
- Usernames, passwords, API keys and access tokens must be kept confidential.
- If unauthorized access is suspected, the customer must notify Durgan Bilişim without delay.
- The customer is responsible for actions performed under its account.
4) Customer content and legal compliance
The customer accepts that recipient data, contact details, texts, images, questions, response forms and sending purposes uploaded to the platform are lawful. Informing recipients, obtaining explicit consent or commercial electronic message consent where required, keeping permission records and managing opt-out rights are the customer's responsibility.
5) Prohibited use
- The platform may not be used for spam, deceptive messages, phishing, malicious links, unauthorized commercial messages or unlawful data collection.
- Content that constitutes a crime, is insulting, discriminatory, misleading, threatening or infringes third-party rights may not be created.
- Special categories of personal data should not be uploaded to the platform unless a legal basis and required security conditions are in place.
- Testing platform security, reverse engineering, attempting unauthorized access or disrupting the service is prohibited.
6) Personal data and role allocation
Durgan Bilişim may act as a data controller within its own activities for account users and customer representatives. For customer recipient lists, interaction content and response data, Durgan Bilişim generally acts as a platform provider/data processor. The customer accepts that it determines the purposes and legal bases of processing for such data.
7) Commercial electronic messages and permissions
It is the customer's responsibility to assess whether notifications sent through the platform qualify as commercial electronic messages, obtain prior consent where required, and comply with the Message Management System and relevant legislation. Durgan Interact provides the technical sending infrastructure and is not responsible for unauthorized or unlawful sends by the customer.
8) Plans, fees and credit usage
- Package features, credit limits, number of users, API usage and additional features may vary depending on the selected plan.
- For plan requests paid by bank transfer, the package is activated after the payment notice and receipt are reviewed by Durgan Bilişim.
- If an incorrect, incomplete or fake payment notice is submitted, the request may be rejected and the account may be restricted.
- Purchased credits are valid for 1 year from the payment approval date. Credits that are not used within this period may expire and be deducted from the account balance.
- Unused credits, package and price conditions are evaluated according to the applicable plan rules.
9) Service continuity
Durgan Bilişim takes reasonable technical and administrative measures to provide the service securely and continuously. However, interruptions may occur due to the internet, third-party email services, hosting infrastructure, maintenance work, security measures or force majeure events. The platform is not guaranteed to operate uninterrupted, error-free or to achieve a specific commercial result.
10) Third-party services
Third-party services may be used for sending, hosting, security, email, file storage and similar technical operations. Interruptions, quotas, delivery rejections or policy changes in these services may affect platform behavior.
11) Intellectual property
The Durgan Interact software, interfaces, documentation, brand elements and system design belong to Durgan Bilişim or its licensors. The customer may use the platform only within the scope of the granted usage right. Content created by the customer belongs to the customer; however, such content may be processed on the platform to provide the service.
12) Limits of liability
Durgan Bilişim is not responsible for damages arising from the customer's incorrect data upload, unlawful recipient list use, incorrect content sending, accuracy of recipients' responses, the customer's own decisions or actions of third parties. Except where mandatory by law, liability for indirect damages, loss of profit, reputational loss and data loss is not accepted.
To the extent permitted by mandatory law, total liability arising from the service is limited to the service fees paid by the customer for the relevant account in the 12 months before the event giving rise to the claim.
The customer is responsible for third-party claims, administrative fines, damages, losses, legal expenses and similar costs arising from unlawful recipient data, missing permissions, unauthorized sends, inaccurate content, breach of these terms or use of the platform contrary to law. The customer must compensate Durgan Bilişim for such claims and costs to the extent they are attributable to acts or omissions of the customer.
13) Suspension and termination
Durgan Bilişim may temporarily or permanently restrict an account in cases of security risk, abuse, unauthorized sending, payment breach, unlawful content or violation of these terms. Closing a customer account does not mean that records required to be retained by law will be immediately deleted.
14) Records and evidentiary value
Platform records, sending logs, payment notices, user action records and system logs may be retained for disputes, security investigations, service quality and legal obligations. The customer accepts that electronic records may reasonably be used as evidence.
15) Changes
Durgan Bilişim may update these terms due to legislation, service or security needs. The current text becomes effective when published on the platform. Important changes may be notified through reasonable methods.
16) Governing law and disputes
These terms are governed by the laws of the Republic of Turkey. The parties first try to resolve disputes through good-faith negotiation. Subject to mandatory jurisdiction rules, competent courts and enforcement offices are determined under Turkish legislation.
17) Contact
For questions about these terms, you may contact Durgan Bilişim at support@durganbilisim.com.