Terms of Service
Effective Date: April 27, 2026
These Terms of Service ("Terms") govern access to and use of the sevk.io email delivery platform, API, dashboard, and related services (collectively, the "Service"). These Terms are entered into by SEZ YAZILIM DANIŞMANLIK TİCARET LİMİTED ŞİRKETİ("Company", "sevk.io", "we", "us") and the person or entity accessing or using the Service ("you", "Customer").
1. Agreement and Order of Precedence
1.1 Agreement.
By accessing, registering for, or using the Service, you agree to these Terms and the documents incorporated by reference: the Privacy Policy, Cookie Policy, and Data Processing Addendum (DPA) (collectively, the "Agreement").
1.2 Authority.
If you use the Service on behalf of an organization, you represent you have authority to bind that organization, and "you" means the organization.
1.3 Precedence.
In case of conflict:
- The DPA prevails for processing of Customer Data (as defined in the DPA).
- The Privacy Policy prevails for privacy disclosures relating to the Company's controller processing.
- These Terms govern all other matters.
2. Business Use; Eligibility
2.1 Business Use.
The Service is primarily intended for business and professional use. If mandatory consumer protection rules apply to you, nothing in this Agreement excludes or limits rights that cannot be excluded under applicable law.
2.2 Eligibility.
You must be legally capable of entering into a binding contract and comply with applicable laws when using the Service.
3. Description of the Service
3.1 Service Capabilities.
The Service enables developers and businesses to send transactional and marketing emails via API and web interface, including deliverability features, reporting, and operational tooling.
3.2 Changes to the Service.
We may add, modify, or remove features, or introduce beta/preview features, and may impose technical limits (e.g., rate limits) to protect the Service.
4. Account Registration and Security
4.1 Account Information.
You must provide accurate and complete account information and keep it updated.
4.2 Credentials and Account Activity.
You are responsible for safeguarding credentials and API keys, all activity under your account, and promptly notifying us of suspected unauthorized access or compromise.
4.3 Suspension for Misrepresentation or Risk.
We may suspend or terminate accounts that provide false information or pose security/abuse risk.
5. Data Protection Roles (Controller vs Processor)
5.1 Account and Billing Data (Controller).
For account, billing, support, and platform security data relating to your users/admins, we act as data controller as described in our Privacy Policy.
5.2 End-Recipient / Contact List Data (Processor).
For contact lists and end-recipient data you upload or process via the Service, you act as data controller and we act as data processor, as set out in the DPA.
6. Acceptable Use; Anti-Spam; Regulatory Compliance
6.1 No Spam / No Abuse.
You must not use the Service to send spam, unsolicited bulk emails, or deceptive, fraudulent, or unlawful communications. You must not distribute malware, run phishing campaigns, or engage in any activity that harms recipients, third parties, or our infrastructure.
6.2 Recipient Consent and Legal Basis.
For marketing communications, you are responsible for ensuring required consent/opt-in and opt-out processes under applicable law. For transactional/operational emails, you are responsible for ensuring a valid legal basis and that content is lawful and accurate.
6.3 Unsubscribe / Opt-out.
For marketing emails, you must include a clear and functional unsubscribe mechanism and honor opt-outs promptly. Where applicable, you must also comply with national consent/complaint management systems (e.g., İYS in Türkiye) and related regulations.
6.4 Deliverability and Reputation Safeguards.
We monitor deliverability metrics (e.g., bounce/complaint rates) and abuse signals to protect our sending reputation and infrastructure. If your activity exceeds reasonable thresholds or violates this section, we may throttle, suspend, or terminate your access immediately.
6.5 No Cold Outreach by Default.
Unless you can demonstrate lawful basis and required consents under applicable law for your audience and jurisdiction, cold outreach campaigns are prohibited.
7. Domain, Authentication, and Sender Responsibilities
7.1 Domain Rights.
You represent you have the necessary rights to use any domain, brand, or identifier used for sending.
7.2 Sender Authentication and List Hygiene.
You are responsible for configuring sender authentication (e.g., SPF/DKIM/DMARC where applicable) and maintaining list hygiene.
7.3 Domain Verification and Risk Controls.
We may require domain verification and may refuse or suspend sending that poses elevated fraud/reputation risk.
8. Pricing, Taxes, and Payment
8.1 Plans and Credits.
We may offer subscription plans, usage-based plans, and/or prepaid credits as described in our pricing pages or order forms.
8.2 Billing.
Subscriptions are billed in advance (monthly or annually) unless stated otherwise. Usage-based charges or credit consumption are calculated according to the plan terms.
8.3 Taxes.
Fees are exclusive of applicable taxes unless stated otherwise. You are responsible for taxes, duties, and similar charges, except taxes on our income.
8.4 Payment Failures.
If payment fails, we may suspend or downgrade the Service until payment is resolved.
8.5 Price Changes.
We may change pricing with at least 30 days' notice, effective from your next billing cycle (or as required by law).
8.6 Refunds.
Except where mandatory law requires otherwise, fees are non-refundable. For consumer transactions, mandatory withdrawal/refund rules (and any statutory exceptions for digital services) remain reserved.
9. Free Trials
We may offer free trials or free tiers. Trials may be modified or discontinued, and may include additional restrictions and abuse controls.
10. Availability; Maintenance
10.1 As-Is Service.
The Service is provided on an "as is" and "as available" basis. We may perform maintenance, deploy updates, and experience outages.
10.2 Limitations on Availability.
We do not guarantee uninterrupted availability and are not responsible for interruptions caused by internet, email recipient servers, third-party filters, or factors outside our reasonable control.
11. Customer Content; License; Feedback
11.1 Your Content.
You retain ownership of your email content, templates, and contact lists ("Customer Content").
11.2 Limited License.
You grant us a limited, worldwide, non-exclusive license to host, process, transmit, and store Customer Content only to provide and secure the Service and to comply with legal obligations.
11.3 Feedback.
If you provide feedback, you grant us a non-exclusive right to use it to improve the Service, without obligation to you.
11.4 Aggregated Service Data.
We may generate and use aggregated and/or de-identified metrics about the Service (e.g., delivery rates, system performance, abuse signals) to operate, secure, and improve the Service, provided such data does not identify you or your end-recipients.
12. Third-Party Services
We may use third parties for infrastructure, authentication, and payments (e.g., payment processors). Your use of those services may be subject to their terms and policies. Sub-processors for Customer Data are governed by the DPA and our sub-processor disclosures.
13. Suspension and Termination
13.1 By You.
You may terminate your account as described in the Service or by contacting support.
13.2 By Us.
We may suspend or terminate immediately if you: violate Section 6, engage in abusive/fraudulent/illegal conduct, fail to pay fees, or create a security/legal/reputational risk.
13.3 Effect of Termination.
Your access ends immediately. Data handling upon termination is governed by the DPA and Privacy Policy, subject to legally required retention.
14. Warranties and Disclaimers
To the maximum extent permitted by law, the Service is provided without warranties of any kind (express or implied). We do not warrant deliverability outcomes, inbox placement, or that messages will not be filtered or blocked by recipient systems.
15. Limitation of Liability
15.1 General Cap.
To the maximum extent permitted by applicable law, our total aggregate liability for all claims related to the Service shall not exceed the fees you paid to us in the twelve (12) months immediately preceding the event giving rise to liability.
15.2 Excluded Damages.
To the maximum extent permitted, we are not liable for indirect, incidental, special, punitive, or consequential damages.
15.3 Non-Excludable Liability.
Nothing in this Agreement excludes or limits liability to the extent it cannot be excluded or limited under applicable law (including willful misconduct or gross negligence restrictions under Turkish law principles).
16. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, and affiliates from third-party claims arising out of: your use of the Service, your Customer Content and sending practices, your breach of the Agreement (including the DPA), your violation of anti-spam/electronic communication rules and data protection laws, and claims by end-recipients relating to messages or data you transmitted.
17. Compliance with International Transfers (Reference)
Customer Data processing and any international transfer safeguards are governed by the DPA. Where a KVKK standard contract is executed for transfers, notification to the Turkish authority within five business days is required under the KVKK regime.
18. Governing Law; Jurisdiction
These Terms are governed by the laws of the Republic of Türkiye. Any dispute arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the Courts and Execution Offices of Samsun.
19. Changes to Terms
We may update these Terms to reflect Service changes or legal requirements. We will notify you of material changes via email and/or in-app notice. Continued use after the effective date constitutes acceptance. Notices may be provided by email and/or in-app notice and will be deemed delivered when sent (email) or posted (in-app), unless applicable law requires otherwise.
20. General Provisions
20.1 Severability.
If any provision is invalid or unenforceable, the remaining provisions remain in effect.
20.2 No Waiver.
Failure to enforce any provision is not a waiver.
20.3 Assignment.
You may not assign the Agreement without our prior written consent. We may assign in connection with merger, acquisition, or asset sale.
20.4 Entire Agreement.
The Agreement constitutes the entire agreement between the parties regarding the Service and supersedes prior discussions or agreements.
21. Contact
For questions about these Terms, contact: [email protected]
By using sevk.io, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, our Data Processing Addendum, and our Cookie Policy.