This agreement relates to written electronic communication services (text messages — SMS) within the scope of fixed-line telephone services.
The term of this agreement begins on the date it is signed and remains in effect until terminated by either party.
The service provided consists of delivering visual and written short messages to all parties via electronic communication devices, either unilaterally or bilaterally. The service is provided in accordance with International Telecommunication Union (ITU) standards. First delivery is completed within a maximum of 7 days.
Planned maintenance announced in advance may be carried out by TURKEYSMS. Malfunctions and repairs are handled as quickly as possible within the framework of Information and Communication Technologies Authority (BTK) legislation.
If the Subscriber falls behind on payment, TURKEYSMS will issue necessary notices and may resort to legal remedies. Current tariffs, changes, campaigns, and packages can be viewed at www.turkeysms.com.tr.
In the event of a dispute between the Subscriber and TURKEYSMS, TURKEYSMS may act within the framework of applicable legislation based on the subject matter of the dispute. Subscriber complaints and requests received by TURKEYSMS are resolved within a maximum of 72 hours, or the Subscriber is notified within that period. Both parties have accepted that BTK subscription legislation and any amendments thereto are binding on this agreement. TURKEYSMSis obligated to maintain the confidentiality of the Subscriber's data, communication records, and preferences in accordance with information security legislation and standards.
The Subscriber provides, at their own expense, the equipment and technical devices required to benefit from the service offered by TURKEYSMS.
To maintain communications security, TURKEYSMS may restrict or suspend the service if Subscribers provide communication services to third parties through their subscriptions, or if there are operations that threaten TURKEYSMS's infrastructure. The Subscriber is obligated to take precautions for such cases. If the service is restricted or suspended due to the security violations mentioned above, TURKEYSMS will not pay any compensation or penalty to the Subscriber.
If requested by the Information and Communication Technologies Authority Presidency and relevant judicial authorities, data provided by the Subscriber to TURKEYSMS may be shared with these parties. The Subscriber acknowledges and declares that they have been informed that their data may be shared with the aforementioned authorities.
The user may terminate their subscription unilaterally at any time.
Neither party may disclose this information except where necessary and on a need-to-know basis to their employees and other personnel working for them. However, they are responsible for informing their employees and other personnel about the confidentiality of information. Both parties accept and undertake in advance that their employees and other personnel will not violate the obligations of this agreement, and that they bear direct liability if such a violation occurs.
The Subscriber pays messaging fees according to the tariff set by TURKEYSMS in advance before sending.
The Subscriber undertakes to act in accordance with the provisions of E-Commerce Law No. 6563 and the Regulation on Commercial Communication and Commercial Electronic Messages published in the Official Gazette dated July 15, 2015, issue 29417. The Subscriber acknowledges that they bear full responsibility for determining whether the messages they will send are commercial or informational/OTP in nature; for obtaining, keeping up to date, and retaining for the legally prescribed period the Message Management System (İYS) permissions for recipients.
TURKEYSMS is solely a technical infrastructure provider. Full legal, administrative, and penal responsibility rests exclusively with the Subscriber regarding the content, headers, recipient lists, timing, and İYS permission status of messages sent. The Subscriber accepts and undertakes to immediately and in cash compensate TURKEYSMS for any claims directed at TURKEYSMS due to administrative fines, compensation, damages, and all third-party claims arising from their use.
İYS registration is mandatory for Subscribers who will send commercial messages, and the Subscriber is obligated to prove this registration. TURKEYSMS reserves the right to request / verify additional information / documents from the Subscriber regarding İYS registration and sending purpose; and may temporarily suspend the account if it deems necessary. Subscribers who do not have İYS registration may only send for informational and/or OTP purposes. TURKEYSMSis not obligated to continuously monitor the Subscriber's content and recipient lists.
If illegal use contrary to Law No. 6563 and related regulations, spam messages, abuse, high complaint volume, security risk, or İYS violation is detected, TURKEYSMS has the right to immediately and unilaterally suspend, restrict, or close the Subscriber's account. In such cases, the Subscriber may not claim any refund, compensation, or rights. TURKEYSMS may, when necessary, apply traffic restrictions to prevent abuse and retain relevant records as evidence.
TURKEYSMS may retain electronic records, agreement / consent data, and system logs arising within the scope of this agreement for the legally prescribed periods, and these shall be considered evidentiary in disputes. The obligations set out in Articles 13–17 of this agreement are binding on Subscribers who send commercial messages within the scope of E-Commerce Law No. 6563.