Distance Sales Agreement

1. Parties

1.1 Seller (Service Provider)

Company Title: Keysletter
Address: Osmanağa Mah. Söğütlüçeşme Cad. No:64/82 34714 Kadıköy, İstanbul
Email: info@keysletter.com
Phone: 0552 735 83 48

1.2 Buyer (User/Consumer)

The natural or legal person who purchases a paid subscription plan on the Keysletter platform. The Buyer's identity, contact, and billing information are recorded in the system during the registration and subscription purchase process.

2. Definitions

Distance Contract: A contract concluded between the Seller and the Buyer through remote communication tools without their simultaneous physical presence, as defined in Article 48 of Consumer Protection Law No. 6502.
Service: The Keysletter email marketing platform subscription services, including all features provided within the selected plan.
Subscription Plan: The specific service tier (Plus, Pro, or Enterprise) selected and purchased by the Buyer.
Billing Period: The recurring time period (monthly) for which the subscription fee is charged.
Right of Withdrawal: The consumer's right to withdraw from the contract within 14 days without providing any reason, as stipulated in the Regulation on Distance Contracts.

3. Subject of the Agreement

This Distance Sales Agreement has been prepared in accordance with Consumer Protection Law No. 6502 and the Regulation on Distance Contracts (dated 27.11.2014). The subject of this Agreement is the determination of the rights and obligations of the parties regarding the sale and delivery of the Keysletter email marketing platform subscription services selected and ordered by the Buyer on the keysletter.com website, in accordance with the provisions of Law No. 6502, the Regulation on Distance Contracts, and other applicable legislation.

4. Essential Characteristics of the Service

The service subject to this Agreement is a Software-as-a-Service (SaaS) email marketing platform subscription with the following characteristics:

Service Type: Cloud-based email marketing platform (SaaS)
Access Method: Web browser at keysletter.com (no software installation required)
Available Plans: Plus, Pro, Enterprise
Billing Cycle: Monthly

Features included in each plan:

Email campaign creation with drag-and-drop editor
Subscriber and contact list management with segmentation
Email automation workflows
Campaign analytics and reporting
A/B testing, landing page builder, SMTP integration
Technical support and API access (varies by plan)

Specific contact limits, sending limits, and feature availability for each plan are published on the Pricing page (keysletter.com/fiyatlandirma) and form an integral part of this Agreement.

5. Service Fee and Payment

Payment terms for the subscription service:

Service fees are displayed on the Pricing page in Turkish Lira (TRY), US Dollars (USD), and Euros (EUR)
All displayed prices include applicable taxes (KDV - Value Added Tax)
Payment is due at the beginning of each monthly billing cycle
Accepted payment methods: credit card, debit card, bank transfer (via our PCI DSS-compliant payment provider)
Electronic invoices (e-Fatura/e-Arşiv) are issued in compliance with Turkish tax regulations
Add-on packages (additional sends, additional contacts) are billed separately at the time of purchase

The total subscription fee and applicable taxes will be clearly displayed on the checkout page before the Buyer confirms the purchase. The Buyer acknowledges that they have been informed of the total cost, including all applicable taxes and fees, prior to completing the order.

6. Service Performance

Regarding the performance of the service:

The service is activated immediately upon successful payment processing
Access to the Platform is provided 24/7 through the internet, subject to the platform availability targets (99.9% uptime)
The service delivery location is in the electronic/digital environment; no physical delivery is involved
Plan features and limits become effective immediately upon activation
Plan upgrades take effect immediately with pro-rated billing
Plan downgrades take effect at the beginning of the next billing period
The Buyer will receive a confirmation email immediately after subscription activation

7. Right of Withdrawal

In accordance with Article 48 of Consumer Protection Law No. 6502 and Articles 9-14 of the Regulation on Distance Contracts:

7.1 Withdrawal Period

The Buyer (Consumer) has the right to withdraw from this contract within 14 (fourteen) days from the date of contract conclusion without providing any reason and without incurring any penalty.

7.2 How to Exercise Withdrawal

To exercise the right of withdrawal, the Buyer may:

Send a written notification to info@keysletter.com clearly stating the intention to withdraw
Use the account settings panel to cancel the subscription within the withdrawal period
Send a registered letter or registered electronic mail (KEP) to the Company's address

7.3 Effects of Withdrawal

Upon valid exercise of the right of withdrawal:

The full subscription fee paid will be refunded to the Buyer within 14 days of receiving the withdrawal notification
The refund will be made using the same payment method as the original payment
Access to the Platform will continue until the end of the current billing period
The Buyer may request data export before the service is terminated

7.4 Exceptions to the Right of Withdrawal

In accordance with Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised for services that have been fully performed with the consumer's prior approval and acknowledgment that the right of withdrawal will be lost once performance begins. Therefore, if the Buyer has explicitly consented to the immediate commencement of the service and has fully utilized the service features (sent campaigns, used a significant portion of the monthly send quota, etc.) during the withdrawal period, the right of withdrawal may not apply. The Buyer will be clearly informed of this exception during the purchase process.

8. Buyer's Declarations

By completing the subscription purchase, the Buyer declares and acknowledges that:

They have read and understood all terms of this Distance Sales Agreement before purchase
They have been informed about the essential characteristics, price, and payment terms of the service
They have been informed about their right of withdrawal, its conditions, period, and exercise procedures
They have been informed about the Seller's identity, contact information, and complaint procedures
They have electronically confirmed and approved this agreement
They are at least 18 years of age and have the legal capacity to enter into contracts
The information provided during registration and purchase is accurate and current

9. Cancellation and Refund Conditions

Outside the withdrawal period:

The Buyer may cancel their subscription at any time through account settings
Upon cancellation, the service continues until the end of the current paid billing period
Fees for the current billing period are non-refundable (except as required by consumer protection law)
Automatic renewal will be stopped, and no further charges will be made
Add-on packages, once activated and used, are non-refundable

Refunds, when applicable, will be processed within 14 days using the original payment method. The Buyer may request data export within 30 days of cancellation.

10. Warranty and Liability

The Seller warrants that the service will function substantially in accordance with the specifications described on the Platform:

Platform availability target: 99.9% uptime (excluding scheduled maintenance)
Campaign delivery: best-effort delivery through industry-standard email infrastructure
Data security: implementation of appropriate technical and administrative measures per KVKK

The Seller shall not be liable for:

Email deliverability issues caused by recipient mail servers, spam filters, or blacklists
Content created and sent by the Buyer through the Platform
Damages arising from the Buyer's non-compliance with applicable laws or platform terms
Service interruptions due to force majeure events
Indirect, incidental, or consequential damages

11. Protection of Personal Data

The personal data provided by the Buyer during registration and subscription purchase is processed in accordance with the Personal Data Protection Law No. 6698 (KVKK) and our Privacy Policy. The Buyer's personal data (name, email, phone, billing address, payment information) is processed for the purposes of: contract performance, billing and invoicing, customer support, legal compliance, and service improvement. The Buyer's payment card information is processed by our PCI DSS-compliant payment service provider and is not stored on our servers. For detailed information on data processing, retention periods, and your rights, please refer to our Privacy Policy.

12. Consumer Rights and Complaint Procedures

In accordance with Consumer Protection Law No. 6502, the Buyer (Consumer) has the following rights and remedies:

The right to file a complaint directly with Keysletter at info@keysletter.com
The right to apply to Consumer Arbitration Committees for disputes below the monetary threshold determined annually by the Ministry of Commerce
The right to file a lawsuit with Consumer Courts for disputes above the monetary threshold
The right to submit complaints through the Ministry of Commerce's online complaint system (Tüketici Şikâyet Hattı: 175)
The right to file complaints through e-Government (e-Devlet) portal

The competent Consumer Arbitration Committees and Consumer Courts are those of the Buyer's domicile or the Seller's location, at the Buyer's choice, in accordance with Article 73 of Law No. 6502.

13. Dispute Resolution and Governing Law

This Agreement is governed by the laws of the Republic of Turkey. For disputes arising from this Agreement: (a) the parties shall first attempt to resolve the matter amicably; (b) for consumer disputes below the applicable monetary threshold, Consumer Arbitration Committees are competent; (c) for disputes above the threshold, Consumer Courts have jurisdiction; (d) mediation may be sought per Turkish Mediation Law No. 6325; (e) Istanbul Courts and Enforcement Offices have exclusive jurisdiction for non-consumer disputes. The monetary thresholds for Consumer Arbitration Committees are updated annually by the Ministry of Commerce and can be inquired from the nearest Consumer Directorate.

14. Effectiveness

This Distance Sales Agreement enters into force upon the Buyer's electronic confirmation and completion of the subscription purchase. This Agreement consists of 14 (fourteen) articles.

This Agreement, together with the User Agreement, Terms of Service, Privacy Policy, and Commercial Electronic Message Consent Text, constitutes the entire agreement between the parties regarding the use of the Keysletter platform.

For any questions regarding this Agreement, please contact us at info@keysletter.com