Terms of Use

TERMS OF USE

1. DECLARATION OF ACCEPTANCE

This Terms of Use Agreement ("Agreement") governs the use of the artificial intelligence-powered communication platform ("Callsender AI") offered by the SERVICE PROVIDER and all associated web pages and services. This Agreement is entered into between the SERVICE PROVIDER and the USER.

This Agreement sets forth the terms and conditions governing your access to and use of all products, software, platforms, applications, tools, materials, content and services (collectively "Services") provided through or by the Website.

In the event that a separate written service agreement exists with the User, this Agreement shall be of a complementary nature, and in the event of a conflict with the provisions of such specific agreement, the specific agreement provisions shall take precedence.

Please read this Agreement carefully before continuing to use the Website or accessing any Service. By accessing or using the Services, or upon providing your explicit consent (by clicking "accept," "approve," "continue," or similar expressions when requested), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the organization or entity you represent. If you do not accept these terms and conditions, you may not use or access the Services and must immediately cease use.

2. DEFINITIONS

• Service Provider: ADABTE SAĞLIK DANIŞMANLIK İTH. İHR. SAN. TİC. LTD. ŞTİ.

• User: The natural or legal person who registers on the Platform, uses the Services, or visits the Website.

• Platform: The Callsender AI software and all associated digital assets.

3. USE OF SERVICE AND LICENSE TERMS

   1. The Service Provider grants the User a non-exclusive, non-transferable, and non-sublicensable simple license (right of use) to access the Services. The User agrees to use these Services only for lawful purposes and within the limits set forth in this Agreement. This license does not constitute a transfer of ownership of the Software or of the economic rights recognized under Law No. 5846 on Intellectual and Artistic Works. All intellectual and industrial property rights in the Software belong exclusively to the SERVICE PROVIDER and all such rights are reserved. The right of use granted herein shall automatically terminate upon any breach by the User of the provisions of this Agreement.

   2. To benefit from the Services, the USER must be at least 18 years of age and have full legal capacity to enter into this Agreement. Use of the Platform by persons under the age of 18 is strictly prohibited. The USER represents that these conditions are met and that the information provided is accurate. If the USER is using the Services on behalf of a legal entity, the USER represents and warrants that they have authority to represent and bind such legal entity. The SERVICE PROVIDER reserves the right to immediately suspend or terminate the relevant account if a violation of this provision is detected.

   3. The USER agrees to use the Services only for lawful purposes and in full compliance with this Agreement. Any form of use that may harm the operation of the Services, the activities, commercial reputation, suppliers, voice call carriers, business partners, or other users of Callsender AI, or that may disable, overload, disrupt or adversely affect systems or call traffic lines, is strictly prohibited. The USER may only use the Services within the scope of the plan, package, or separate written agreement granted to them. All forms of use, including commercial use, are subject to applicable legislation and the restrictions in this Agreement. The USER is prohibited from attempting to circumvent any security or authentication measures, gaining unauthorized access to systems or data, performing call bombing, excessive simultaneous requests, data scraping, or similar operations that adversely affect the performance of the Services. The USER agrees not to process or upload to the system sensitive personal data such as biometric data, health information or official identification information within the scope of the Services, unless explicitly required and legally justified. Any and all legal and administrative liability arising from a violation of this provision shall rest exclusively with the USER.

   4. The USER agrees not to engage in, participate in, or assist others in engaging in the following prohibited activities:

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1. Violating Law No. 6698 on the Protection of Personal Data (KVKK), Law No. 6563 on the Regulation of Electronic Commerce (ETK), the Turkish Criminal Code (TCK) and all related secondary legislation (including the Regulation on Commercial Communication and Commercial Electronic Messages) or any contractual, statutory or professional obligation;

2. Initiating, facilitating, or generating traffic of unsolicited, deceptive, or unlawful advertising, promotions, spam calls, or AI-generated unlawful voice communications without prior lawful consent (or IYS registrations) of recipients (called parties);

3. Misrepresenting one's relationship with any person or entity, acting as if acting on behalf of another person or entity, or engaging in deceptive practices including Caller ID manipulation;

4. Exploiting minors in any way, harming them, or exposing them to inappropriate content, in accordance with Law No. 5395 on Child Protection and related legislation;

5. Taking actions that impede the use of the Services, that involve harassment, threats, or defamation against any person, or that expose the Service Provider to administrative sanctions, operator-based blocks, BTK (Information Technologies and Communication Authority) restrictions, or reputational damage;

6. Using any device, software, or method that interferes with the proper functioning of the Services; taking actions that may interfere with, disable, or overload (DoS/DDoS, etc.) the Service Provider's servers or voice call infrastructure;

7. Copying, monitoring, scraping, or disclosing any part of the Services through automated tools or manual processes, unless expressly permitted in writing by the Service Provider;

8. Not uploading or distributing viruses, Trojan horses, worms or other malicious/harmful software materials and not violating system security in this manner;

9. Attempting to gain unauthorized access to Services, other user accounts, networks or data; violating encryption and security protocols or creating cybersecurity risks in this manner;

10. Subject to the cases prohibited under the Law on Intellectual and Artistic Works (FSEK); not attempting to reverse engineer, disassemble, or decrypt the source code, algorithm, or artificial intelligence models of the Services;

11. Not collecting, processing, or storing data belonging to another user or third party (phone number, voice recording, etc.) without the explicit consent of such persons and a valid legal basis under KVKK;

12. Not interfering with the operation of the Services in any other manner; not attempting any of the foregoing or assisting or enabling others to carry out such actions.,

The USER acknowledges that all legal, administrative and criminal liability arising from actions contrary to this article rests exclusively with the USER, and that the USER shall indemnify the SERVICE PROVIDER against any third-party claims that may arise in this context.

The SERVICE PROVIDER reserves the right to immediately suspend or terminate the relevant account upon detecting a violation of this article.

4. ACCESS TO SERVICES AND ACCOUNT RESPONSIBILITY

In order to benefit from the Services, the USER must create an account and provide accurate and up-to-date information in the registration form. The USER accepts responsibility for the accuracy of the information provided. The confidentiality of the account credentials and passwords used to access the Services is exclusively the USER's responsibility. Sharing the account with third parties or allowing others to use it is prohibited. All transactions performed through the USER's account, whether authorized or not, are exclusively the USER's responsibility. The USER is personally responsible for all activities occurring through their account, regardless of whether such activities are authorized. Any and all liability arising from transactions occurring before such notification is made rests with the USER. In the event of suspected unauthorized use of the account, the USER undertakes to immediately notify the SERVICE PROVIDER. The SERVICE PROVIDER reserves the right to temporarily suspend or permanently terminate the USER's account if it detects use contrary to the provisions of this Agreement or determines that a security risk exists.

5. FEEDBACK AND IMPROVEMENTS

The USER accepts that any suggestion, idea, feedback, or request for improvement submitted to the SERVICE PROVIDER for the purpose of developing the Services ("Feedback") may be used by the SERVICE PROVIDER without any restriction, confidentiality obligation, or payment of compensation. The USER represents and agrees that they shall not assert any claim to any right, ownership, or copyright in any improvements, new features, or intellectual property rights resulting from such Feedback, and that all such rights shall belong exclusively to the SERVICE PROVIDER. The USER accepts that information shared as part of Feedback does not contain confidential information belonging to third parties, and that any liability arising from the sharing of such information rests with the USER.

6. ASSUMPTION OF RISK AND DISCLAIMER FOR AI OUTPUT

The USER understands and acknowledges that the Services are provided using artificial intelligence (AI) technology and that, due to the nature of this technology, the voice outputs, analyses, or responses generated may not always be accurate, complete, or fit for purpose. All risks arising from the use of AI-generated outputs or from decisions made in reliance on such outputs rest with the USER. The SERVICE PROVIDER makes no representation or warranty regarding the content, accuracy, or legality of AI outputs and accepts no liability for third-party claims arising from such content. AI outputs are for informational purposes only and do not constitute legal, financial, medical, or similar professional advice. The SERVICE PROVIDER notes that AI systems may interact with third-party data sources or infrastructure, and that it cannot be held responsible for any errors, deficiencies, or interruptions that may arise in this context. The USER accepts exclusive responsibility for any direct or indirect damages that may arise from the use of AI outputs or from actions taken in reliance on such outputs.

7. SERVICES PROVIDED "AS IS"

The Services are provided by the SERVICE PROVIDER on an "as is" and "as available" basis. The SERVICE PROVIDER makes no express or implied warranty that the Services will be uninterrupted, error-free, secure, or directed toward achieving any particular result. The SERVICE PROVIDER shall not be held liable for any direct, indirect, incidental, special, or punitive damages, loss of profits, data loss, business interruption, or reputational damage arising from the use of the Services. The SERVICES may operate in an integrated manner with third-party infrastructure providers, telecommunications operators, data providers, and similar systems. The SERVICE PROVIDER is not responsible for interruptions, delays, errors, or performance issues arising from such third parties. The SERVICE PROVIDER shall not be held liable for any interruptions or disruptions to the Services that may occur due to maintenance work, technical malfunctions, infrastructure issues, or force majeure events beyond its control.

8. PURCHASING, PRICING AND PAYMENT

Detailed provisions relating to the purchasing process, current package prices, payment methods, and billing terms for the Services are contained in the "General Service Agreement," which is accepted by the USER via a checkbox at the time of registration. Such agreement forms an integral part of this Agreement. The USER may at all times access detailed information about financial obligations and package limits through the Callsender AI website or user panel. The SERVICE PROVIDER reserves the right to make changes to service packages, pricing, and payment terms. Such changes shall take effect from the date they come into force. Details regarding refunds, cancellations, and subscription terms are governed by the Master Service Agreement, and the USER acknowledges being bound by those provisions.

9. PRIVACY AND DATA PROTECTION

The principles governing the processing of data during the USER's use of the Services and the parties' confidentiality obligations are subject to the provisions of the "Non-Disclosure Agreement (NDA)" and the "International Data Transfer Clarification Text" published on the Callsender AI website and forming an integral part of the Master Service Agreement. The USER represents that they have read, understood, and accepted these documents. The USER represents and undertakes that all data shared or processed within the scope of the Services has been obtained and processed lawfully and that the necessary explicit consents and other legal requirements have been met. The USER acknowledges being obligated to act in compliance with Law No. 6698 on the Protection of Personal Data and other relevant legislation if processing personal data of third parties through the Services, and accepts that all liability that may arise in this context rests with the USER. The SERVICE PROVIDER may process personal data in accordance with applicable legislation for the purpose of providing the Services and may transfer such data abroad where required.

10. CONTACT

For any questions, requests, or notifications regarding this Agreement, the Services, or account management, the USER may contact the SERVICE PROVIDER via the email address info@callsender.ai or through the official communication channels on the website.