1. Scope and acceptance
The person creating an account confirms authority to represent the customer business and accepts these terms for that business. SmarterMoment is primarily offered for business or professional use. Mandatory consumer rules remain unaffected where a consumer relationship is formed.
A signed agreement, order form, tailored quote, or data-processing addendum prevails where it contains a specific conflicting term.
2. Accounts, trials, and subscriptions
- The customer supplies accurate data, limits user permissions, and protects account credentials.
- Trial duration, entitlements, pricing, tax, renewal, payment, and cancellation follow the registration or payment screen or a tailored quote.
- API keys and access details may be used only in authorised systems and must not be disclosed.
- Features may be limited or additional usage charged when plan limits are exceeded, subject to terms shown before the transaction.
3. Lawful use
The customer warrants authority to process and instruct processing of submitted data and is responsible for required end-user notices, explicit consent, commercial-message consent, and Message Management System records.
Before using the SDK for behavioural analytics or personalisation, the customer must operate a valid consent mechanism for non-essential tracking. Illegal content, unauthorised data, malicious code, security bypass, spam, misleading messages, and infringement are prohibited.
4. Data-protection roles
For customer end-user data, the customer is controller and Smarter Moment Limited A.Ş. is processor acting on documented instructions. Smarter Moment Limited A.Ş. may separately be controller for limited security, billing, account-management, and legal-compliance data.
The parties will reasonably cooperate on access controls, confidentiality, incident management, and deletion. Sensitive data must not be submitted without an applicable service scope and safeguards.
5. Intellectual property and customer data
The SmarterMoment software, design, documentation, and marks belong to Smarter Moment Limited A.Ş. or its licensors. The customer receives a limited, non-transferable right to use the service during the subscription.
The customer retains rights in its data and content and grants only the limited authority needed to host, process, and technically copy that data to provide the service. Customer data is not sold for advertising.
6. Integrations
Payment, messaging, commerce, AI, and other third-party services enabled by the customer may have separate terms. Smarter Moment Limited A.Ş. is not responsible for third-party outages outside its control, but remains responsible for integration security and transfers within its control.
7. Availability and suspension
Planned maintenance, security incidents, force majeure, or infrastructure failures may cause interruption. Commercially reasonable efforts will be used to reduce and resolve interruption.
Access may be suspended proportionately for security risk, unlawful use, payment default, or risk to others. Prior notice is given where reasonably possible outside emergencies.
8. Liability
Each party remains responsible for its fault and legal duties. Any limit for indirect loss, lost profits, or data loss applies only to the extent permitted for intent, gross negligence, personal-data breaches, and mandatory law. Specific limits in a signed agreement or quote prevail.
9. Termination and data
The customer may terminate through the payment screen or agreed contract method. Access ends on termination; subject to mandatory retention and dispute records, customer data is deleted or anonymised after the agreed period. Available export tools should be used before termination.
10. Notices, amendments, and law
Account notices may be delivered to the registered email or panel. Material changes are announced reasonably before taking effect and do not remove accrued rights.
Turkish law applies. Courts and enforcement offices authorised by mandatory procedural rules have jurisdiction. Questions may be sent to turkayaltintas@smartermoment.com.