Terms of Service

1. Acceptance of Terms

By accessing or using Markt ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, you may not use the Service. These terms apply to all users, including team owners, members, and visitors.

2. Description of Service

Markt is an email marketing platform that allows you to send campaigns, transactional emails, and manage contacts using your own email provider (BYOP). The Service includes the web application, APIs, webhooks, and all related documentation.

3. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials. You must notify us immediately of any unauthorized access. One person or legal entity may maintain only one free trial.

4. Teams and Roles

Accounts are organized into teams. Team owners are responsible for the actions of all team members. Team owners may invite members and assign roles (admin or member). Removal of a team member does not delete data they created within the team.

5. Acceptable Use

You agree not to use the Service to:

• Send unsolicited bulk email (spam) or violate anti-spam laws (CAN-SPAM, GDPR, CASL)
• Send emails to purchased, rented, or scraped contact lists
• Distribute malware, phishing content, or deceptive material
• Impersonate any person or entity
• Violate any applicable local, national, or international law
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to other accounts or systems
• Use the Service for any illegal activity

We reserve the right to suspend or terminate accounts that violate these terms without prior notice.

6. Email Sending and Deliverability

You are solely responsible for your email content, sending practices, and compliance with applicable laws. Because you use your own email provider (BYOP), your sending reputation and deliverability are your responsibility. Markt provides tools to help maintain good sending practices but does not guarantee delivery of any email.

7. Subscription and Billing

Paid plans are billed monthly or annually in advance. Prices are in US dollars. All fees are non-refundable except as required by law. We reserve the right to change pricing with 30 days' notice. Your subscription automatically renews unless cancelled before the renewal date.

7.1 Free Trial

New accounts receive a 3-day free trial with full access to all features. No credit card is required during the trial. At the end of the trial, you must subscribe to continue using the Service.

7.2 Cancellation

You may cancel your subscription at any time from the billing page. Cancellation takes effect at the end of the current billing period. No prorated refunds are provided for partial periods.

8. Intellectual Property

The Service, including its design, code, and documentation, is owned by Markt and protected by intellectual property laws. You retain ownership of your content (email templates, contact lists, campaign data). By using the Service, you grant us a limited license to process your content solely to provide the Service.

9. Data and Privacy

Your use of the Service is also governed by our Privacy Policy and GDPR & DPA. You are the data controller for contact data you upload. We act as a data processor on your behalf.

10. API Usage

API access is subject to rate limits (60 requests per minute per token). Excessive or abusive API usage may result in throttling or suspension. API tokens are team-scoped and should be treated as confidential credentials.

11. Webhooks

Webhook endpoints you configure must respond within 10 seconds. Failed deliveries are retried up to 3 times. We are not responsible for failures caused by your endpoint being unavailable or misconfigured.

12. Service Availability

We strive for high availability but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible. We are not liable for downtime caused by factors beyond our control (force majeure, third-party provider outages).

13. Limitation of Liability

To the maximum extent permitted by law, Markt shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

14. Indemnification

You agree to indemnify and hold Markt harmless from any claims, damages, or expenses arising from your use of the Service, your content, or your violation of these terms.

15. Termination

We may suspend or terminate your account for violation of these terms. Upon termination, your right to use the Service ceases immediately. You may request an export of your data within 30 days of termination.

16. Changes to Terms

We may modify these terms at any time. Material changes will be communicated via email or a notice on the platform at least 30 days in advance. Continued use after changes constitutes acceptance.

17. Governing Law

These terms are governed by the laws of the Republic of Turkey. Any disputes shall be resolved in the courts of Istanbul, Turkey.

18. Contact

For questions about these terms, contact us at [email protected].