Terms of Service

1. Definitions and General Provisions

Platform: Refers to all digital services offered by Etkin.ai (e.g., customer experience management, task management, AI-based automation, data analysis).

Parties: These Terms regulate the rights and obligations between Etkin.ai and the users (natural or legal persons) of the Platform.

Services: Include AI-powered customer service, business process automation, data analysis, reporting, and other integrated tools.

User Account: Each User creates an account to access the Platform. For corporate accounts, the person creating or managing the account must have the authority to represent the company.

Age Limit: The minimum age for professional business use of the Platform is 18. Individuals under 18 may use the services with the consent of a legal guardian or parent.

2. Subject of the Agreement and Obligations of the Parties

2.1 Subject of the Agreement

These Terms aim to ensure the User's use of the Etkin.ai platform is in compliance with legal regulations and the conditions specified herein. The procedures and principles regarding all services provided by the Platform are detailed in these Terms.

2.2 Obligations of the Parties

Etkin.ai will take care to keep the Platform up-to-date, secure, and ready for use.

The User undertakes to use the Platform in accordance with laws, these Terms, and general moral rules, and not to infringe upon third-party rights such as copyrights or personal rights.

Account Information: The information and documents provided during registration must be accurate and current. The User is responsible for any damages arising from providing false or incomplete information.

3. Corporate Accounts and Role Definitions

3.1 Corporate Accounts

A natural or legal person opening a corporate account must be authorized to act on behalf of the company or institution. This authority should be documented with a signature circular or similar documents.

3.2 Role Definitions

• Administrator (Admin): Can change subscription plans, manage payment and billing information, and regulate user access permissions.
• User: Can perform actions on tasks and projects, create new records, and access content within the permissions defined by the Admin.

3.3 Seat-Based Licensing

Etkin.ai may charge based on a specific number of users (seats). Each seat is allocated for use by a single individual and sharing is prohibited. When a role or seat change is made, it takes effect immediately.

4. Services and Terms of Use

4.1 Platform Services

• AI-Powered Customer Service: Monitors customer interactions, provides automated responses, and personalized recommendations.
• Business Process and Task Management: Includes tools for project planning, assignment, and tracking.
• Data Analysis and Reporting: Offers statistical, predictive analysis, and reporting features on uploaded data.
• Integration and API Services: Can be integrated with third-party applications (payment gateways, email services, etc.).

4.2 Usage Responsibilities

• Refrain from any activity that would compromise the security of the Platform.
• Protect the confidentiality of account information.
• Do not share illegal, harmful, or rights-infringing content.
• Do not harm the personal, copyright, trademark, or privacy rights of third parties.

4.3 Usage Limitations

• API Call Limits and Quotas: May vary depending on the subscription plan.
• Storage Space Limitations: Can be expanded with plans or add-on packages.
• Concurrent User Limits: Determined by the features of the plan.

5. Privacy and Data Security

5.1 Data Processing Policy

• KVKK and GDPR Compliance: Personal data is processed and stored in accordance with relevant legislation.
• Data Retention and Deletion: Upon subscription termination or User request, data is deleted or anonymized in compliance with legislation.
• Third-Party Sharing: Data is shared only when necessary and with the data subject's consent or due to legal obligations.

5.2 Security Measures

• SSL/TLS Encryption: Security protocols are applied to all data transfers.
• Two-Factor Authentication: An additional security layer is offered for account access.
• Regular Security Audits: Penetration tests and system vulnerability analyses are conducted.
• Data Backup and Disaster Recovery Plans: Regular backups are performed to minimize data loss.

5.3 Use of User Data in AI Model Training

To improve the user experience and service quality, user data may be used in an anonymized or aggregated form for training artificial intelligence models. In this process, personal data is not associated with explicit identifiers.

6. Intellectual Property Rights

6.1 Platform Ownership

The intellectual property rights of the software, design, logo, text, and all other content and components on the Platform belong to Etkin.ai or are acquired through licenses. Users may only use this content for the purposes intended on the Platform.

6.2 User Content

The rights to content created or uploaded on the Platform belong to the Users. The User grants Etkin.ai a limited license to process and share this content on the Platform. In cases of third-party copyright infringement, the User is obliged to notify Etkin.ai immediately.

6.3 Trademark Use

The User may not use the Etkin.ai brand in an unauthorized or misleading manner. Mutual consent is required for the use of the brand for reference or marketing purposes.

7. Payment and Billing

7.1 Pricing Policy

• Subscription Plans: Tiered packages may be offered with different numbers of users (seats), data storage limits, and feature sets.
• Payment Periods: Can be monthly, yearly, or other periods.
• Taxes: VAT or other legal deductions may be included in subscription fees.

7.2 Payment Security

• PCI DSS Compliant Payment Processing: Payments made by credit card and similar methods are carried out in accordance with international security standards.
• Invoices and Records: Transactions are recorded electronically.
• Dispute Processes: In case of a payment dispute, an investigation is conducted based on invoice records.

7.3 Plan Changes

When upgrading or downgrading, the new rate will apply in the next billing cycle. Etkin.ai will provide the User with reasonable notice before the change.

8. Service Level Agreements (SLA)

8.1 Platform Performance

Etkin.ai may offer an uptime guarantee of up to 99.9% with its high-performance infrastructure. Short-term interruptions may occur due to maintenance, updates, or unexpected failures; Etkin.ai strives to minimize the impact of such interruptions.

8.2 Technical Support

An expert support team provides service 24/7 or during hours specified by the plan features. Critical issues are handled through a priority support line and resolved as quickly as possible.

8.3 SLA Violations and Service Credits

If the committed uptime or performance values are not met, the User may request a service credit in accordance with the provisions of the agreement. The amount and conditions of the credit are specified in the details of the subscribed plan.

9. Beta Services and New Features

9.1 Beta Services

Etkin.ai may occasionally offer new features in the testing phase as "Beta" or "Trial Version." These features may not work at full capacity or may contain errors.

9.2 No Performance Guarantee

No warranty or SLA commitment is provided for beta services. Users are responsible for any issues or data loss that may arise while using beta features.

9.3 Feedback

Users can voluntarily provide feedback on Beta versions. Etkin.ai may use this feedback for product improvement purposes.

10. AI-Based Services and Disclaimer of Liability

10.1 AI-Based Automation

Etkin.ai offers automated customer service, process optimization, and data analysis using artificial intelligence and machine learning algorithms.

10.2 Accuracy and Validity

Artificial intelligence outputs may be prone to error due to the quality of the input data and the statistical limitations of the algorithms. The final decision-making responsibility lies with the User.

10.3 User Responsibility

Responses or reports generated by AI are not sufficient on their own for legal or strategic decisions. The User is responsible for evaluating these outputs within the context of their own business processes.

11. Indemnification

11.1 Indemnification Obligation

The User is obligated to cover any and all claims, damages, penalties, legal costs, and similar liabilities arising from the violation of these Terms or the unlawful use of the Platform upon Etkin.ai's first request.

11.2 Third-Party Claims

The User is responsible for protecting and defending Etkin.ai against any claims or demands made by third parties against Etkin.ai based on the User's activities on the Platform.

12. Limitation of Liability

12.1 "As Is" Service Provision

The Platform is provided "as is" and "as available." Etkin.ai makes no express or implied warranties, including for commercial merchantability and fitness for a particular purpose.

12.2 Indirect Damages

To the extent permitted by law, Etkin.ai cannot be held liable for indirect damages and expenses such as data or profit loss, business interruption, or reputational damage.

12.3 Data and Content Responsibility

The User is solely responsible for the content of all data hosted or processed on the Platform. Etkin.ai is not obligated to review uploaded content for legal compliance or accuracy.

13. Third-Party Services and Integrations

13.1 Third-Party Applications

Etkin.ai may integrate with third-party services (APIs, payment providers, email infrastructures, etc.) to enhance the user experience. Etkin.ai may not have direct control over these services.

13.2 Limitation of Liability

Etkin.ai cannot be held responsible for the performance of services outside its control or for issues or data breaches that may arise from the use of or integration with third-party services.

14. Cancellation, Refund, and Termination

14.1 Cancellation and Termination Process

The User can cancel their subscription through account settings or by notifying Etkin.ai. The cancellation will take effect at the end of the current billing period.

14.2 Refund Conditions

The refund policy may vary depending on the purchased plan and the remaining usage time. Partial or full refund conditions will be specified separately in the contract or campaign terms.

14.3 Non-Acceptance of Changes

Users who do not accept significant changes to the Terms may terminate the contract and the service within a reasonable period from the notification date.

15. Security Breach Notifications

15.1 Notification Process

When Etkin.ai detects a security breach affecting the Platform or user data, it will notify Users as soon as possible.

15.2 User's Obligation

If the User detects suspicious activity or a security vulnerability in their account, they must immediately inform Etkin.ai. This notification is critical for preventing potential damages.

15.3 Collaboration

In the event of a breach, both Etkin.ai and the User will take the necessary technical and legal measures together to resolve the issue.

16. Agreement Changes

16.1 Change Notifications

Etkin.ai may make changes to the Terms to comply with changes in legislation or technology. Significant changes will be communicated to Users in advance via email or in-Platform announcements.

16.2 Transition Period

A reasonable transition period will be provided for Users to adapt to the new terms. The new provisions will take effect at the end of this period.

17. Legal Compliance and Dispute Resolution

17.1 Regulatory Compliance

Etkin.ai and Users are obliged to comply with all applicable legal regulations, especially those related to personal data protection, such as KVKK and GDPR.

17.2 Dispute Resolution

The parties will first try to resolve disputes through mediation or amicable negotiations. If a solution cannot be reached, the Istanbul (or as specified in the contract) courts and enforcement offices will have jurisdiction. The parties may also resort to arbitration if they mutually agree.

18. Validity and Entirety

These Terms are subject to the laws of the Republic of Turkey. Should any provision become invalid or unenforceable, the validity of the remaining provisions will not be affected. This text constitutes the sole and entire agreement between the parties regarding the use of Etkin.ai services.