User Agreement — Keysletter

1. Parties

This User Agreement ("Agreement") is entered into between:

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

User:
The natural or legal person who registers for and uses the Keysletter platform. By completing the registration process and accepting this Agreement, the User confirms that they have read, understood, and agree to all terms herein.

2. Definitions

Platform: The Keysletter email marketing application, accessible at keysletter.com, including all services, APIs, subdomains, and related systems.
Service: All email marketing, automation, analytics, landing page, and related features provided through the Platform.
Account: The User's personalized access to the Platform, protected by credentials.
User Content: All data, email lists, templates, campaign content, and materials uploaded or created by the User.
Subscriber: An individual whose contact information has been added to a User's mailing list.
Commercial Electronic Message: Any electronic message sent for commercial, promotional, or marketing purposes as defined by Turkish Law No. 6563.

3. Subject of the Agreement

This Agreement sets forth the terms and conditions governing the User's access to and use of the Keysletter email marketing platform, and defines the rights, obligations, and responsibilities of both parties. This Agreement has been prepared in accordance with the Turkish Code of Obligations No. 6098, Turkish Commercial Code No. 6102, Law No. 6563 on the Regulation of Electronic Commerce, Consumer Protection Law No. 6502, and the Personal Data Protection Law No. 6698 (KVKK).

4. Service Scope

Keysletter provides the following services within the scope of this Agreement:

Email campaign creation, scheduling, and sending with drag-and-drop editor
Subscriber/contact list management with import, export, and segmentation
Email automation workflows with triggers and conditions
A/B testing for subject lines, content, and sending times
Campaign analytics and detailed reporting (open, click, bounce, unsubscribe, geographic data)
Landing page builder with customizable templates
SMTP integration and custom domain configuration
RESTful API access for third-party integrations
Technical support via email and ticketing system

Service features and limits vary by plan (Starter, Plus, Pro, Enterprise). The specific features, contact limits, send limits, and other parameters of each plan are detailed on the Pricing page and form an integral part of this Agreement.

5. Registration and Account Obligations

By registering on the Platform, the User agrees to:

Provide accurate, complete, and current information during and after registration
Verify their email address by clicking the verification link sent upon registration
Choose a strong password and maintain its confidentiality; not share credentials with third parties
Accept full responsibility for all activities performed through their account
Immediately notify Keysletter of any unauthorized account access or security breach
Not create multiple accounts for the purpose of circumventing plan limits or abusing free tier benefits
Use a valid, accessible business email address for the account

6. User Obligations

The User undertakes to:

Only send emails to recipients who have given explicit prior consent (opt-in) in compliance with Turkish Law No. 6563 and applicable anti-spam regulations
Include a visible and functional unsubscribe link in every commercial electronic message
Include sender identification, title, and contact information in every commercial message
Register and manage consents through IYS (Message Management System) where legally required
Not use the Platform for sending spam, phishing, malware, or any illegal content
Not purchase, rent, or use third-party email lists that were not collected with proper consent
Comply with all applicable laws including KVKK, GDPR, CAN-SPAM, Turkish Commercial Code, and Electronic Commerce Law No. 6563
Not exceed the contact limits, send limits, or other restrictions defined by the selected plan
Not attempt to reverse-engineer, copy, reproduce, or interfere with Platform operations
Ensure that all User Content complies with applicable laws and does not infringe on third-party rights
Maintain clean mailing lists and promptly remove bounced addresses and unsubscribed contacts

7. Keysletter's Obligations

Keysletter undertakes to:

Provide the Platform services in accordance with the selected plan specifications
Maintain platform availability at a target of 99.9% uptime (excluding scheduled maintenance)
Implement appropriate technical and administrative security measures to protect User data
Process User data only for service delivery purposes and in accordance with the Privacy Policy
Provide technical support during business hours through available support channels
Notify Users of scheduled maintenance at least 24 hours in advance
Provide advance notice of material changes to the Platform, pricing, or these terms
Allow data export upon account termination within the specified period

8. Plans and Payments

Keysletter offers the following subscription plans: Starter (Free), Plus, Pro, and Enterprise. Specific features, limits, and pricing for each plan are published on the Pricing page.

Paid plans are billed monthly. Payment is due at the beginning of each billing cycle
Payments are processed securely through PCI DSS-compliant payment service providers
Plan upgrades take effect immediately with pro-rated billing for the remainder of the current period
Plan downgrades take effect at the start of the next billing period
Add-on packages (additional sends, additional contacts) are available and billed separately
Electronic invoices are issued in compliance with Turkish tax regulations (VUK, e-Fatura/e-Arşiv)
Non-payment after 7 days may result in service suspension; after 30 days, account termination

Keysletter reserves the right to modify pricing with at least 30 days' prior notice. Fees already paid are non-refundable except where required by applicable consumer protection laws. For detailed refund policies, please refer to our Terms of Service and Distance Sales Agreement.

9. Intellectual Property Rights

All intellectual property rights related to the Platform are exclusively owned by Keysletter:

Software source code, algorithms, and technical infrastructure
User interface design, graphics, and visual elements
Trademarks, logos, and brand assets ("Keysletter" and associated marks)
Documentation, help content, and educational materials
Default email templates provided by the Platform

The User is granted a limited, non-exclusive, non-transferable, revocable license to use the Platform during the subscription term. The User retains full ownership of all User Content. This license does not grant any rights to sub-license, sell, or commercially exploit the Platform.

10. Data Protection and KVKK

Keysletter processes personal data in accordance with the Personal Data Protection Law No. 6698 (KVKK) and, where applicable, the EU General Data Protection Regulation (GDPR).

The User retains full ownership of all data uploaded to the Platform
Keysletter will not use User data for any purpose other than providing the Service
Users may request data export or complete deletion at any time
Data processing inventory and retention periods are maintained as required by KVKK
In the event of a data breach, Keysletter will notify the KVKK Board within 72 hours and affected users as required by law

The User, as a data controller for their own subscriber data, is responsible for ensuring lawful collection and processing of subscriber personal data, including obtaining proper consent. For detailed information on data processing practices, please refer to our Privacy Policy.

11. Confidentiality

Both parties agree to treat as confidential any non-public information disclosed by one party to the other in connection with this Agreement. Confidential information includes but is not limited to: business plans, subscriber lists, campaign strategies, pricing information, technical data, and account credentials. This confidentiality obligation shall survive the termination of this Agreement for a period of 3 years. Confidential information may be disclosed only when required by law, court order, or competent regulatory authorities.

12. Anti-Spam Policy and IYS

Keysletter enforces a strict zero-tolerance spam policy. In accordance with Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages:

Users must obtain verifiable explicit consent before sending commercial messages
Consent records must be registered with IYS (İleti Yönetim Sistemi) when legally required
Every commercial message must contain sender identification and a functional opt-out mechanism
Opt-out requests must be processed within 3 business days
Users must maintain bounce rates below 5% and spam complaint rates below 0.1%

Violation of anti-spam regulations may result in immediate account suspension or termination without prior notice or refund. The User is solely liable for any administrative fines (up to 1,000,000 TL per violation as per Law No. 6563) or legal consequences arising from non-compliance.

13. Service Availability and Maintenance

Keysletter targets 99.9% platform uptime. Scheduled maintenance will be communicated at least 24 hours in advance. Emergency maintenance for critical security issues may be performed without prior notice. Keysletter is not responsible for service interruptions caused by force majeure events, third-party service provider failures, internet connectivity issues, User's own hardware/software failures, or cyberattacks against the Platform. In the event of extended service unavailability exceeding 24 consecutive hours (excluding scheduled maintenance and force majeure), affected paid users may request a pro-rated service credit.

14. Suspension and Termination

Keysletter reserves the right to suspend or terminate User accounts under the following circumstances:

Violation of this Agreement, Terms of Service, or applicable laws
Sending spam or unauthorized commercial electronic messages
Bounce rates exceeding 5% or spam complaint rates exceeding 0.1%
Non-payment of subscription fees after the grace period
Activities that threaten Platform security, stability, or reputation
Fraudulent activities or misrepresentation of identity
Legal or regulatory requirement to do so

Upon termination:

Access to the Platform is immediately revoked
The User may request data export within 30 days of termination
After 30 days, all User data is permanently and irreversibly deleted
Outstanding payment obligations remain in effect
Confidentiality obligations survive for 3 years after termination

15. Limitation of Liability

Keysletter services are provided "as is" and "as available." To the maximum extent permitted by applicable law, Keysletter shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities. Keysletter's total aggregate liability for any claims arising under this Agreement 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, legality, or delivery success of emails sent by Users through the Platform. Nothing in this Agreement excludes liability for fraud, willful misconduct, or any liability that cannot be excluded under applicable law.

16. Force Majeure

Neither party shall be liable for failure or delay in performing obligations under this Agreement resulting from circumstances beyond reasonable control, including but not limited to: natural disasters, war, terrorism, pandemic, government actions, power outages, internet disruptions, cyberattacks, fire, flood, or earthquake. In accordance with Turkish Code of Obligations Article 136, the affected party must notify the other party within 7 days. If the force majeure event exceeds 60 consecutive days, either party may terminate this Agreement without liability.

17. Dispute Resolution and Governing Law

This Agreement is governed by the laws of the Republic of Turkey.

Parties shall first attempt to resolve disputes amicably through good-faith negotiation within 30 days
Unresolved disputes may be submitted to mediation per Turkish Mediation Law No. 6325
For disputes not resolved through mediation, Istanbul Courts and Enforcement Offices have exclusive jurisdiction
For consumer disputes, Consumer Arbitration Committees and Consumer Courts per Law No. 6502 are competent

18. Effectiveness and Final Provisions

This Agreement enters into force upon the User's registration on the Platform and remains in effect throughout the User's use of the Service.

If any provision is found invalid, the remaining provisions continue in full force
Keysletter may update this Agreement with 30 days' prior notice; continued use constitutes acceptance
This Agreement, together with the Privacy Policy, Terms of Service, and Distance Sales Agreement, constitutes the entire agreement between the parties

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