Terms of Service

1. Definitions

The following terms shall have the meanings set forth below throughout these Terms of Service:

• Platform: The Keysletter email marketing application accessible at keysletter.com and all related services, APIs, and subdomains.
• Company: Keysletter, the operator of the Platform.
• User: Any natural or legal person who registers for and/or uses the Platform.
• Service: All email marketing, automation, analytics, and related features provided through the Platform.
• Content: All data, text, images, templates, and other materials created by or uploaded by the User.
• Subscriber: An individual whose email address has been added to a User's mailing list on the Platform.
• Plan: The subscription tier selected by the User (Starter, Plus, Pro, or Enterprise).

2. Scope and Acceptance

These Terms of Service ("Terms") govern your access to and use of the Keysletter platform. By registering for an account, accessing, or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, User Agreement, and all other policies referenced herein.

These Terms have been prepared in accordance with Turkish Code of Obligations No. 6098, Turkish Commercial Code No. 6102, Law No. 6563 on the Regulation of Electronic Commerce, and Consumer Protection Law No. 6502. If you do not agree to these Terms, you must not use the Platform.

3. Service Description

Keysletter is a Software-as-a-Service (SaaS) email marketing platform that provides the following features:

• Email campaign creation with drag-and-drop editor
• Campaign scheduling, sending, and delivery tracking
• Subscriber and contact list management with segmentation
• Email automation workflows and triggers
• A/B testing for subject lines and content
• Campaign analytics and reporting (open, click, bounce, unsubscribe)
• Landing page builder
• SMTP integration and configuration
• API access for integration with third-party systems

The Company reserves the right to add, modify, or discontinue features at its discretion, with reasonable prior notice for material changes.

4. Account Registration and Eligibility

To use the Platform, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding agreements
• Provide accurate, complete, and current registration information
• Use a valid, accessible business email address
• Verify your email address upon registration

You are solely responsible for maintaining the confidentiality of your account credentials. You must not share your login information with third parties. You accept full responsibility for all activities that occur under your account. You must immediately notify Keysletter of any unauthorized use of your account or any security breach at info@keysletter.com.

5. Acceptable Use Policy

You agree to use the Platform only for lawful purposes. Keysletter acts solely as an Intermediary Service Provider under Law No. 6563 and does not review, endorse, or verify User Content in advance. The User bears full legal, criminal, and financial responsibility for all content sent through the Platform. The following activities and content types are strictly prohibited:

5.1 Prohibited Content

• Terrorism, terrorist propaganda, or content promoting, glorifying, financing, or recruiting for any terrorist organization recognized by Turkey, the United Nations, or the European Union
• Child sexual abuse material (CSAM), child exploitation in any form, or content that sexualizes minors
• Pornography, sexually explicit content, adult-oriented services, or escort/prostitution-related services
• Content that incites violence, hate speech, racism, xenophobia, discrimination based on religion, ethnicity, gender, sexual orientation, disability, or any other protected characteristic
• Content promoting suicide, self-harm, eating disorders, or other content harmful to vulnerable individuals
• Illegal drugs, narcotics, psychoactive substances, drug paraphernalia, or instructions for producing or obtaining them
• Firearms, weapons, ammunition, explosives, and related accessories that require licensing under Turkish law
• Illegal gambling, betting, lottery schemes, or unlicensed games of chance
• Pyramid schemes, Ponzi schemes, multi-level marketing schemes structured as pyramids, get-rich-quick schemes, or similar fraudulent business models
• Cryptocurrency schemes, ICO/token offerings, or financial services not authorized by the Capital Markets Board of Turkey (SPK), BDDK, or MASAK
• Counterfeit goods, pirated content, stolen merchandise, or goods that infringe trademarks, copyrights, or patents
• Phishing, malware distribution, viruses, ransomware, spyware, or any content designed to compromise the security of recipients or their systems
• Defamation, libel, slander, threats, stalking, doxxing, or harassment of any individual or organization
• Content violating Turkey's Constitution, Turkish Penal Code No. 5237, Anti-Terror Law No. 3713, Law No. 5651 (Regulation of Internet Publications), and other applicable criminal statutes
• Content promoting or facilitating human trafficking, forced labor, or illegal immigration
• Medical claims, pharmaceutical advertising, or health-related content not compliant with Turkish Medicines and Medical Devices Agency (TİTCK) regulations
• Content targeting minors without appropriate safeguards or that exploits children commercially

5.2 Prohibited Activities

• Sending unsolicited commercial emails (SPAM) without valid prior consent from recipients
• Purchasing, renting, scraping, or using third-party email lists that were not collected with proper consent
• Using misleading subject lines, falsified sender information, or deceptive "From" addresses
• Obscuring, removing, or disabling the unsubscribe mechanism
• Attempting to breach Platform security, reverse-engineer, decompile, modify, or bypass access controls
• Interfering with Platform operations, overloading servers, DDoS attacks, or using automated tools/bots to scrape data
• Reselling, sublicensing, or providing Platform access to third parties without express written authorization
• Using the Platform in a way that violates export control laws, sanctions, or embargoes
• Creating multiple accounts to circumvent limits, bans, or billing obligations

6. Anti-Spam, Commercial Messages and İYS

6.1 Role Distinction

Under Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages, Keysletter operates exclusively as an "Intermediary Service Provider" (Aracı Hizmet Sağlayıcı) that provides the software infrastructure for creating, sending, delivering, storing, and managing electronic messages. The User, by sending commercial electronic messages through the Platform, operates as a "Service Provider" (Hizmet Sağlayıcı) and bears full legal responsibility for compliance with the applicable laws and regulations.

6.2 User Obligations

The User undertakes to:

• Register the brand/trademark in the İYS (İleti Yönetim Sistemi / Message Management System) operated by İYS A.Ş. where legally required
• Obtain explicit, recorded prior consent from every recipient before sending commercial electronic messages, in compliance with Article 6 of Law No. 6563
• Upload and manage all consent records through İYS where applicable, and keep İYS records synchronized with the Platform's subscriber lists
• Include a clear, accessible and one-click unsubscribe mechanism in every commercial email
• Include the sender's identity, title (MERSIS/tax number where applicable), and full contact information in every message
• Process unsubscribe requests within 3 business days and reflect them both on the Platform and in İYS
• Ensure that recipient data uploaded to the Platform has been collected with proper consent under KVKK (Personal Data Protection Law No. 6698), GDPR, CAN-SPAM, CASL and other applicable privacy laws where recipients are located
• Maintain evidence of consent (opt-in source, timestamp, IP address) for at least 3 years, or longer where required by law

6.3 Allocation of Liability

The User is solely and exclusively responsible for:

• All administrative fines imposed under Article 12 of Law No. 6563 or other applicable statutes
• All complaints, investigations, or enforcement actions initiated by the Ministry of Trade, İYS A.Ş., KVKK Authority, or any other regulatory body
• All civil, criminal, or administrative consequences arising from message content, recipient selection, or failure to comply with consent requirements

Keysletter shall not be liable for any fines, damages, or losses arising from the User's non-compliance with İYS registration, consent collection, or electronic commerce laws. Violation of this Section 6 may result in immediate account suspension or termination without notice or refund.

6B. Indemnification

The User shall indemnify, defend, and hold harmless Keysletter, its owners, officers, employees, affiliates, and service providers (collectively "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, administrative fines, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Content sent, uploaded, or stored through the Platform by the User, including any third-party rights violations (copyright, trademark, privacy, publicity)
• Breach of the Acceptable Use Policy (Section 5) or the Anti-Spam and İYS obligations (Section 6)
• Claims from recipients, subscribers, or third parties regarding unsolicited messages, defamation, harassment, or other content-related grievances
• Violation of Turkish Penal Code No. 5237, Anti-Terror Law No. 3713, Law No. 5651, KVKK, GDPR, or any other applicable law
• Misrepresentation of the User's identity, authority, or corporate status
• Use of the Platform in violation of these Terms or applicable law

Keysletter reserves the right, at the User's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case the User agrees to cooperate with Keysletter's defense of such claim. The User shall not settle any claim without the prior written consent of Keysletter.

7. Intellectual Property

All intellectual property rights in the Platform — including but not limited to its software, source code, design, user interface, trademarks, logos, documentation, and all related content — are the exclusive property of Keysletter and are protected under Turkish Intellectual Property Law No. 6769 and international copyright conventions.

The User may not copy, reproduce, distribute, modify, create derivative works from, reverse-engineer, decompile, or disassemble any part of the Platform without prior written consent from Keysletter. The User is granted a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for its intended purposes during the term of the subscription.

8. Data Ownership and Content

The User retains full ownership of all data, content, subscriber lists, and materials uploaded to or created on the Platform ("User Content"). Keysletter:

• Will not use User Content for any purpose other than providing and improving the Service
• Will not sell, share, or disclose User Content to third parties except as required to provide the Service or as required by law
• Will not access User Content except for technical support purposes and with the User's authorization

Upon account termination, the User may request a full data export within 30 days. After this period, all User Content will be permanently deleted in accordance with our data retention policy. The User is solely responsible for ensuring that their content does not violate any applicable laws or third-party rights.

9. Payment Terms

The following payment terms apply to paid subscriptions:

• Paid plans (Plus, Pro, Enterprise) are billed monthly based on the selected billing cycle
• Payments are processed through our PCI DSS-compliant payment service provider
• All prices are displayed in Turkish Lira (TRY), US Dollars (USD), or Euros (EUR) and include applicable taxes
• Plan upgrades take effect immediately with pro-rated billing
• Plan downgrades take effect at the start of the next billing period
• Add-on packages (additional sends, additional contacts) are billed separately
• Invoices are issued electronically in compliance with Turkish tax regulations

Keysletter reserves the right to modify pricing with at least 30 days' prior written notice. The new pricing will apply from the next billing cycle following the notice period. Non-payment may result in service suspension after a 7-day grace period.

10. Refund and Cancellation

The following refund and cancellation policies apply:

• The User may cancel their subscription at any time through their account settings
• Upon cancellation, the service continues until the end of the current billing period
• Fees already paid are non-refundable, except where required by applicable consumer protection laws
• For annual subscriptions, a pro-rated refund may be considered within the first 14 days if the service has not been substantially used
• Add-on packages, once activated, are non-refundable

For consumers within the scope of Consumer Protection Law No. 6502, the right of withdrawal may apply as detailed in the Distance Sales Agreement.

11. Service Level and Availability

Keysletter strives to maintain 99.9% platform uptime.

• Scheduled maintenance will be communicated at least 24 hours in advance via email and/or platform notification
• Emergency maintenance for critical security issues may be performed without prior notice
• The Company is not responsible for service interruptions caused by third-party providers, internet connectivity issues, or factors beyond reasonable control

In the event of prolonged service unavailability (exceeding 24 consecutive hours, excluding scheduled maintenance), affected paid users may request a pro-rated service credit for the affected period.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Platform and its services are provided "as is" and "as available" without any warranties, express or implied
• Keysletter shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the Platform
• Keysletter's total aggregate liability for any claims shall not exceed the total amount paid by the User in the twelve (12) months preceding the event giving rise to the claim
• Keysletter is not responsible for the content of emails sent by Users through the Platform
• Keysletter is not responsible for email deliverability issues caused by recipient mail servers, spam filters, or other factors outside its control

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.

13. Force Majeure

Neither party shall be liable for failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, war, terrorism, pandemic, epidemic, government actions, power failures, internet outages, cyberattacks, fire, flood, or earthquake ("Force Majeure Events"). In accordance with Article 136 of the Turkish Code of Obligations No. 6098, the affected party must notify the other party of the Force Majeure Event within 7 days and take all reasonable steps to mitigate its effects. If the Force Majeure Event continues for more than 60 consecutive days, either party may terminate these Terms without liability.

14. Termination

This agreement may be terminated under the following conditions:

• By the User: The User may cancel their subscription and close their account at any time through account settings or by contacting support.
• By Keysletter for Cause: Keysletter may suspend or terminate the User's account immediately if the User violates these Terms, engages in prohibited activities, or poses a risk to Platform security.
• By Keysletter without Cause: Keysletter may terminate the service with 30 days' prior written notice.

Upon termination: (a) the User's right to access the Platform ceases immediately; (b) the User may request a data export within 30 days; (c) after 30 days, all User data will be permanently deleted; (d) any outstanding payment obligations remain in effect.

15. Changes to Terms

Keysletter reserves the right to modify these Terms at any time. Material changes will be communicated to Users at least 30 days before they take effect via email and/or a prominent notice on the Platform. Continued use of the Platform after the effective date of modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Platform and may cancel your subscription. The latest version of these Terms is always accessible on our website.

16. Dispute Resolution and Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Turkey.

• In the event of a dispute, the parties shall first attempt to resolve the matter amicably through good-faith negotiation within 30 days
• If the dispute is not resolved through negotiation, it may be submitted to mediation in accordance with Turkish Mediation Law No. 6325
• For disputes that cannot be resolved through mediation, the Istanbul Courts and Enforcement Offices shall have exclusive jurisdiction
• For consumer disputes, the Consumer Arbitration Committees and Consumer Courts of the User's domicile or the Company's location shall be competent, in accordance with Consumer Protection Law No. 6502

The applicable monetary thresholds for Consumer Arbitration Committees are determined annually by the Ministry of Commerce. Current thresholds can be obtained from the nearest Consumer Arbitration Committee.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent court or authority, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent.

18. Contact

For any questions or concerns regarding these Terms of Service, please contact us:

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