اتفاقية خدمة الأعمال
هذا المستند متاح بالتركية والإنجليزية؛ تُعرض النسخة الإنجليزية.
This agreement is between Müsaitmi (the "Platform Operator") and the natural or legal person who opens a business account on the Platform (the "Business"). By creating or using a business account you accept this agreement. If you open the account on behalf of a legal entity, you confirm that you are authorised to bind it.
1. Subject
The Platform Operator provides the Business, within the selected plan, software services such as online booking, calendar and customer management, checkout/cash, stock, packages and loyalty, reporting, notifications and (if approved) listing on the public showcase.
2. Account, users and security
- The Business is responsible for the accuracy and currency of the information it provides.
- The account owner can add staff and managers as users and set their permissions. The Business is responsible for its users’ actions.
- The Business is responsible for keeping passwords confidential. Enabling two-factor authentication (2FA) is recommended.
- Unauthorised use of the account must be reported to the Platform Operator immediately.
3. Plans, free trial and fees
- Plans, limits (e.g. monthly bookings, staff count), features and prices are published on the Platform. After the free trial the account continues within the limits of the free plan; moving to a paid plan requires an explicit request and confirmation.
- The price, currency and payment method of paid plans are shown at order time. Price/plan changes are announced in advance and do not apply to the current period.
- The Platform Operator does not collect payments from the Business’s customers; the cash/checkout module is a tool to help the Business keep its own records.
4. The Business’s obligations
- Keep service information (name, duration, price, hours, staff) accurate and current; deliver services consistent with accepted bookings.
- Hold the legal permits and documents required for its activity (licence, tax registration, etc.), comply with the law and communicate prices and cancellation terms clearly to customers.
- Do not enter unlawful, misleading or insulting content about customers or third parties; rights in photos and descriptions remain with the Business.
- Do not use the Platform in a way that harms its security or operation (automated bulk requests, attempts at unauthorised access, etc.).
5. Data protection (data processing terms)
For its customers’ personal data (customer file, bookings, checkout/payment, loyalty, survey, marketing records) the Business is the controller under KVKK and related law. For this data the Platform Operator acts as processor on the Business’s behalf and only within this agreement and the Business’s instructions (its use of the Platform). This clause forms the data processing terms under KVKK Art. 12 and, to the extent applicable, GDPR Art. 28:
- Data is processed only to provide the service and in line with the Business’s instructions; it is not used for other purposes or mixed between Businesses (database-level isolation).
- Persons with access are bound by confidentiality; appropriate technical and organisational measures are applied (encrypted connections, access control, regular backups, password hashing, etc.).
- The Platform Operator may use sub-processors needed for the service (hosting/CDN, email, SMS, mobile notifications, optional WhatsApp); a list is available on request and they are bound by equivalent protection obligations.
- On learning of a data breach the Platform Operator notifies the Business without undue delay and provides support needed for notifications to the authority and affected persons.
- The Platform Operator reasonably assists in responding to data subjects’ requests (access, rectification, erasure, etc.).
- On termination, the Business’s data can be exported on request within a reasonable time and then, subject to legal retention duties, deleted or anonymised.
6. Marketing messages and consents
- Before sending campaign/marketing messages, the Business is responsible for obtaining the required commercial electronic message consent (and, where required, Message Management System registration) under Law No. 6563 and the Regulation on Commercial Communication and Commercial Electronic Messages.
- The Platform sends campaigns only to customers with consent; every campaign message has a one-click unsubscribe link. The Business respects withdrawals of consent.
- WhatsApp notifications are enabled subject to the customer’s explicit consent and compliance with Meta’s applicable rules.
- Booking confirmation, reminder and cancellation messages are transactional; the Business must not add extra advertising to them.
7. Showcase and reviews
Listing on the public showcase depends on completing the profile and on the Platform Operator’s approval; unsuitable listings may be rejected or removed. Customer reviews are managed under the Reviews and Content Policy; a Business may reply to reviews but may not delete or edit them.
8. Service level
The Platform is operated with reasonable care, but interruptions may occur due to maintenance, faults, third-party infrastructure outages or force majeure; no uninterrupted-operation commitment is given. Planned maintenance is announced in advance where possible.
9. Intellectual property
The Platform’s software, design and marks belong to the Platform Operator; the Business receives a non-transferable, non-exclusive right to use them for the term of the agreement. Rights in content the Business uploads remain with the Business, which allows its use on the Platform to provide the service.
10. Limitation of liability
Subject to mandatory law and to intent or gross negligence, the Platform Operator’s total liability under this agreement is limited to the total amount the Business paid for paid plans in the twelve months before the event (a reasonable cap for the free plan). No liability is accepted for indirect damages, lost profit, reputational harm or loss of customers. The Platform Operator is not liable for services the Business provides to its customers.
11. Suspension and termination
- The Business may close its account at any time.
- The Platform Operator may suspend or terminate the account with notice in case of breach, unlawful use, security risk or unpaid fees; in serious breaches it may suspend without notice.
- On termination the data provisions of clause 5 apply; legal retention duties remain.
12. Changes
The agreement may be updated with reasonable prior notice. A Business that does not accept an update may close its account; continued use is acceptance.
13. Governing law and jurisdiction
This agreement is governed by the laws of the Republic of Türkiye. The courts and enforcement offices at the Platform Operator’s place of residence have jurisdiction.
Contact
For questions or requests about this document, contact us:
- Operator: Müsaitmi (musaitmi.net)
- Email: [email protected]
- Phone: 0552 280 51 28