These Terms and Conditions govern the use, for business or professional purposes, of the Interact platform provided by Durgan Bilişim Ticaret Limited Şirketi. A person creating an account represents that they are authorized to act for the relevant organization and that they have read and accepted these terms.
1) Definitions
- Interact: The software service for interaction, notification, response and document collection, reporting and integration processes.
- Customer: The natural or legal person that creates or manages an account.
- User: A person authorized under a customer account.
- Recipient: A person to whom the customer directs an interaction, notification or form.
- Content: Text, questions, response forms, recipient data, files, images and similar data entered by a customer or user.
2) Scope of service
Interact is a technical platform that helps customers send notifications, collect responses and documents, monitor results and report them. It does not provide legal, financial or professional advice and does not verify the customer's commercial decisions, records or obligations.
3) Account, authorization and access security
- The customer is responsible for current account details, user permissions and limiting access to authorized persons.
- Passwords, API keys, access tokens and recipient links must be kept confidential and must not be shared in common or public locations.
- The customer must promptly remove access for departing personnel, revoke unnecessary keys and rotate passwords and keys when compromise is suspected.
- Suspected unauthorized access or key exposure must be reported to Durgan Bilişim immediately. The customer must cooperate with the investigation and apply reasonable safeguards.
- Except for a breach originating from Durgan Bilişim's systems, the customer bears the consequences of operations made through the account before notice to the extent that the customer's failure to meet its security duties contributed to them.
4) Customer content and legal compliance
- The customer is responsible for the accuracy and legality of recipient data, contact details, sending purposes and content.
- Providing notices, establishing the required legal basis or permission, retaining permission records and managing opt-out requests are the customer's responsibility.
- The customer represents that it has the right to use uploaded content and files and that they contain no malicious code or third-party rights violation.
- For a reasonable complaint or review, Durgan Bilişim may request the sending purpose, recipient source, permission record and evidence of identity or authority. The customer must provide accurate information within a reasonable period.
5) Prohibited use
- Spam, phishing, misleading or unauthorized commercial messages, malicious links, unlawful data collection, harassment, threats and content infringing third-party rights are prohibited.
- Unauthorized action on behalf of another person or organization, misleading sender identity and unauthorized sharing of recipient links are prohibited.
- Bypassing security controls, quotas or plan limits, reverse engineering, unauthorized testing, automated abuse and denial-of-service attempts are prohibited.
- Special-category personal data may be processed only with a valid legal basis, required safeguards and an appropriate process.
6) Personal data and roles
Durgan Bilişim may act as controller for its own account and customer relationship activities. For recipient lists, interaction content and response data, the customer determines purposes and legal bases and Durgan Bilişim generally acts as service provider/processor. Statutory security and data-subject obligations of both parties remain unaffected.
7) Commercial electronic messages and permissions
The customer must assess whether a notification is a commercial electronic message, obtain prior consent where required and comply with the Message Management System and applicable law. Interact provides technical delivery infrastructure and is not responsible for the customer's unauthorized or unlawful sends.
8) Plans, fees and credits
- Paid packages are one-time purchases, are not subscriptions and do not renew automatically. A package and its credits activate after the transfer notice and payment are approved.
- Purchased credits are valid for 365 days after payment approval. Each purchase has its own term; a new purchase does not extend older credits and credits expiring first are used first.
- The most recently approved purchase determines account features. On downgrade, unused and unexpired paid credits remain and are used with the new package features.
- Free or promotional credits are a gratuitous right of use; they have no cash value and create no refund or vested payment claim. They may be reversed for campaign conditions, error, fraud or abuse and expire when the account closes or their own term ends.
- A temporary restriction does not by itself delete unexpired paid credits. If imposed because of the customer's breach or security failure, their normal validity period continues to run.
- If an account is permanently closed for the customer's material breach, unused paid credits are not refunded except where mandatory law requires otherwise. If Durgan Bilişim permanently ends the service for a reason not attributable to the customer, it provides a reasonable opportunity to use, or a proportional refund for, unused unexpired paid credits.
- Incorrect, incomplete or fraudulent payment notices may be rejected and the related account and payment may be reviewed.
9) Service continuity
Durgan Bilişim applies reasonable technical and administrative safeguards to provide a secure and continuous service. Interruptions may result from the internet, email providers, hosting, maintenance, security measures or force majeure. Uninterrupted or error-free operation, delivery or a particular commercial result is not guaranteed.
10) Third-party services
Third-party services may be used for delivery, hosting, security, file storage and similar operations. Their outages, quotas, delivery rejections or policy changes may affect platform behavior.
11) Intellectual property
The Interact software, interfaces, documentation, brand elements and system design belong to Durgan Bilişim or its licensors. Customer content belongs to the customer and may be processed on the platform as needed to provide the service.
12) Liability and third-party claims
Durgan Bilişim is not responsible for the customer's incorrect data uploads, unlawful recipient lists, missing permissions, inaccurate content, accuracy of recipient responses, customer decisions or third-party acts. Subject to mandatory law, liability for indirect damages and loss of profit or reputation is excluded.
To the extent permitted by mandatory law, Durgan Bilişim's total liability arising from the service is limited to fees paid for the relevant account during the 12 months before the event giving rise to the claim. Intent, gross negligence and liabilities that cannot legally be limited are excluded from this cap.
The customer is responsible for third-party claims and documented, direct and reasonable costs incurred by Durgan Bilişim arising from unlawful data, unauthorized sending, inaccurate content or breach attributable to the customer's act or omission. Durgan Bilişim will give reasonable notice of a claim and an opportunity to cooperate in the defense.
13) Review, suspension and termination
- A review may be opened for a credible complaint, unusual sending, poor delivery reputation, security threat, suspicious access, legal or regulatory risk, payment breach, prohibited use or breach of these terms.
- In proportion to the risk, sending, API access, file upload, a particular feature or the entire account may be restricted temporarily or permanently. Durgan Bilişim is not required to continue a harmful or unlawful operation.
- Urgent measures may be taken without prior notice. A general reason will be provided within a reasonable period where doing so does not compromise security or an investigation, and customer explanations and evidence will be assessed.
- Failure to provide requested information, providing false information or failure to remedy the risk may cause a restriction to remain or the account to be closed.
- Account closure does not require immediate deletion of records that must be retained for law or disputes.
14) Records and evidence
Delivery logs, payment notices, user actions, acceptance records and security logs may be retained for service, disputes, reviews and legal obligations. Subject to the right to prove otherwise under law, electronic records may be used as evidence.
15) Changes to these terms
These terms may be updated for legal, security or service changes. Material adverse changes will be communicated by a reasonable method and take effect on a stated future date; renewed express acceptance will be obtained where required by law. Urgent security or legal changes may apply immediately and will be communicated as soon as practicable. Changes do not retrospectively remove rights or claims accrued before their effective date.
16) Governing law and disputes
These terms are governed by the laws of the Republic of Türkiye. The parties first seek a good-faith resolution. Subject to mandatory mediation and jurisdiction rules, the competent authority is determined under Turkish law.
17) Contact
Questions about these terms may be sent to support@durganbilisim.com.