01Parties
This agreement is concluded between the company operating the TiosCRM service (Zenmira) and the individual or legal entity that registers for or uses TiosCRM.
In this text, "TiosCRM" refers to the service provider; "User" or "Customer" refers to the person or organization using the service.
By creating a TiosCRM account, starting a subscription, or continuing to use the service, the User is deemed to accept these terms.
02Scope of the Service
TiosCRM is a cloud software service for customer management, sales pipeline tracking, task management, quote tracking, reporting and related business processes.
TiosCRM helps the User organize their sales and customer-relations processes. The service does not guarantee the User's commercial results, deal closures or revenue growth.
03Definitions
- Service: the web-based software, panel, modules, features and connected services provided by TiosCRM.
- Account: the user account the User creates to access TiosCRM.
- Data: the customer, quote, task, note, file, contact and similar information the User enters into TiosCRM.
- Plan: the paid or free subscription package chosen by the User.
- Subscription Period: the monthly or yearly billing period.
04Account and Access Security
The User is responsible for the security of their account credentials.
The User accepts that actions taken within their account are performed by their own authorized users.
If suspicious access, unauthorized use or a security breach is noticed, the User must inform TiosCRM without delay.
TiosCRM may temporarily suspend an account where security, misuse or unlawful use is suspected.
05Use Restrictions
The User may use TiosCRM only in a lawful manner, connected to their commercial activities and in line with this agreement.
The User may not use the service to infringe third-party rights, process unlawful data, send spam, commit fraud, spread malware or endanger system security.
The User may not overload TiosCRM infrastructure, perform automated attacks, reverse engineering, unauthorized data extraction or activities that disrupt the service.
06Plans, Fees and Payment
TiosCRM paid plans may be offered monthly or yearly.
The User accepts the fee, billing period and scope of the chosen plan at the time of purchase.
VAT and other statutory taxes may be added to prices.
Invoices may be issued electronically and sent to the User's registered email address.
If payment fails, is delayed, or the payment method becomes invalid, TiosCRM may limit, suspend or terminate access.
07Refund and Cancellation Policy
Unless expressly stated otherwise in writing by TiosCRM, activated subscription fees are non-refundable.
The User is responsible for reviewing the plan scope, price, subscription period and features before purchase.
For yearly subscriptions, the User may cancel so it does not renew at the end of the period. However, the fee for the ongoing period is not refunded.
Mandatory consumer rights arising from legislation are reserved.
08Subscription Renewal
Monthly or yearly subscriptions may renew at the end of the period unless cancelled by the User.
If automatic payment is set up, the renewal fee may be charged to the registered payment method.
TiosCRM aims to notify the User a reasonable time in advance of price changes or significant changes to the plan scope.
09Changes to the Service
TiosCRM may change features in line with the security, performance, sustainability or product development needs of the service.
For significant changes that may seriously affect the User's core use, reasonable notice is given.
Beta, test or early-access features are not covered by any guarantee and may be changed or removed at any time.
10Service Level
TiosCRM takes reasonable technical and administrative measures for the service to run accessibly, securely and without interruption.
99.5% availability is targeted; however this is not an absolute guarantee, compensation or automatic-refund commitment.
Planned maintenance, security updates, outages from infrastructure providers, internet access issues, force majeure, and problems from the User's own systems are not considered service interruptions.
11Data Ownership
The customer, quote, task, note, file and similar data entered by the User belongs to the User.
TiosCRM does not claim ownership over the User's data.
The User permits TiosCRM to process the data to provide the service, deliver support, and run security and backup processes.
12Backup and Export
TiosCRM takes reasonable backup measures for service continuity.
Nonetheless, the User is responsible for regularly exporting commercially critical data and keeping their own backups.
TiosCRM may help export data upon the User's request and within technical means.
13KVKK and Personal Data
TiosCRM processes personal data obtained during account creation, billing, support, security and communication in line with applicable law.
For data belonging to the User's own customers, employees or third parties entered into TiosCRM, lawful collection, processing and transfer to TiosCRM is the User's responsibility.
The User accepts that they have fulfilled the required disclosure obligations for personal data transferred to TiosCRM and, where necessary, obtained explicit consent or another lawful basis.
TiosCRM takes care not to use the User's data beyond providing the service, ensuring security, backup, technical support and legal compliance.
14Confidentiality
The parties may not share confidential commercial, technical, financial or operational information learned during the relationship with third parties.
This obligation continues even after the agreement ends.
Valid requests from authorities, court orders or legal requirements are not deemed a breach of confidentiality.
15Third-Party Services
TiosCRM may work with third-party providers for email, SMS, payment, hosting, analytics, notification or integration services.
TiosCRM is responsible for interruptions, errors, price changes or access problems from these services only to the extent of its own fault.
The terms and costs of third-party integrations may apply separately.
16Intellectual Property
The TiosCRM software, interfaces, brand elements, designs, documentation and all intellectual property rights belong to TiosCRM or the relevant rights holders.
The User is granted only the right to use the service for the subscription period, in line with this agreement.
The User may not copy, reproduce, sell, rent, reverse engineer or commercially sublicense TiosCRM without permission.
17Support Service
TiosCRM may provide technical support within the scope of the chosen plan.
Support covers usage questions, error reports and technical review of the system.
Problems arising from the User's own device, internet connection, browser settings, third-party software or incorrect use may fall outside support.
18Suspension
TiosCRM may temporarily suspend an account in case of payment delay, security risk, unlawful use, infringement of third-party rights, misuse of the system or breach of the agreement.
Payment obligations may continue during suspension.
If the breach is not remedied, the subscription may be terminated.
19Termination
The User may cancel their subscription via the panel or by written notice to TiosCRM.
Cancellation takes effect at the end of the current subscription period. The User may continue using the service until the end of the period.
TiosCRM may immediately terminate in case of breach, non-payment, unlawful use or security risk.
Either party may end the commercial relationship with 30 days' prior notice.
20Post-Termination Data Retention and Deletion
After the subscription ends, access to the user account may be closed.
TiosCRM may keep the User's data in backups or system records for a limited time after termination.
After this period, data may be permanently deleted or anonymized.
The User is responsible for exporting needed data before the subscription ends.
21Limitation of Liability
TiosCRM provides the service with reasonable care; however it does not guarantee that the service will meet all of the User's expectations, run without interruption, or deliver a specific commercial result.
To the extent permitted by law, TiosCRM's total liability is limited to the net service fee paid by the User in the 12 months before the event causing the damage.
To the extent permitted by law, TiosCRM is not liable for indirect damage, loss of profit, data loss, reputational loss, customer loss, business interruption or third-party claims.
22User Responsibility
The User is responsible for the accuracy and lawfulness of the data transferred to TiosCRM, for not infringing third-party rights, and for how they use the service.
If TiosCRM suffers damage, an administrative fine, a third-party claim or litigation costs due to the User's unlawful use, the User is obliged to cover these.
23Force Majeure
Natural disaster, war, terrorism, epidemic, strike, power outage, internet infrastructure failure, cyberattack, decisions of public authorities, hosting-provider issues and events beyond the parties' reasonable control are deemed force majeure.
The parties cannot be held responsible for failure to fulfil obligations due to force majeure.
24Notices
TiosCRM may send notices to the User via the registered email address, in-panel notification or the website.
The User is responsible for keeping contact details up to date.
Notices sent to the registered email address are deemed valid.
25Changes to the Agreement
TiosCRM may update this agreement from time to time.
Significant changes are announced to users by reasonable means.
The User's continued use after changes means they accept the current agreement.
26Governing Law and Jurisdiction
This agreement is governed by Turkish law.
Without prejudice to consumer transactions and mandatory legislation, the courts and enforcement offices of the location of the operating company's headquarters (Denizli) have jurisdiction over disputes.
27Effect
This agreement takes effect when the User creates a TiosCRM account, starts a subscription or continues to use the service.
The User declares that they have read, understood and accepted this agreement.