Terms of Service
Scope and parties
These Terms of Service (the “Terms”) govern the use of tsmart.ai, the corporate e-mail platform and its admin console (TS Admin) operated by Talya Smart Data Management Technologies, Türkiye (“Talya Smart”, “we”). They apply to every company or organisation that has been given a workspace (the “Customer”) and to everyone who uses the service on the Customer's behalf.
The Customer is the company, not the individual administrator. Owners, administrators and users act on behalf of the Customer, and the Customer is responsible for what they do in the service. By creating or using a workspace, the Customer accepts these Terms. Where a separate written agreement exists between the Customer and Talya Smart, that agreement prevails in case of conflict.
tsmart.ai is a business service offered to companies and organisations. It is not intended for consumers.
Accounts and administrators
Every workspace has an owner: the person designated by the Customer who has full control over the workspace, including billing and the appointment of other administrators. Additional administrators can be given narrower roles, for example for domains, users or billing. The Customer keeps these appointments up to date and removes people who leave.
Administrators keep their credentials confidential. 2-step verification is mandatory for every administrator account and must not be disabled or shared. The Customer is responsible for all activity under its accounts, whether or not it was authorised, until it has told us that an account is compromised.
The Customer provides accurate contact and billing details and keeps them current, and proves ownership of every domain before it is added to the workspace.
Suspected unauthorised access must be reported to us without delay. We may suspend an account or require a credential reset when we have reason to believe it has been compromised.
Acceptable use
The service may be used only for lawful purposes. Sending unsolicited bulk or commercial e-mail (spam), phishing, malware, or any content that is unlawful or infringes the rights of others is prohibited. Recipients of commercial e-mail must have consented or have an existing business relationship with the Customer, and every such message must offer a working way to opt out.
The Customer must not attempt to gain unauthorised access to the service, to other workspaces or to third-party systems, interfere with the operation of the platform, circumvent sending limits or security controls, or use the service to relay mail for parties outside its own organisation.
Sending limits apply per workspace, per domain and per API key and are shown in the console. They protect the sending reputation that all customers share. We may lower the limits of a workspace whose mail causes bounces, complaints or blocklist entries.
If a workspace is used in breach of this section, we may delay or reject messages, suspend sending for the affected domain, user or API key, or suspend the workspace. Where possible we inform the Customer first; where immediate action is needed to protect the platform or other customers, we inform the Customer afterwards. Fees remain payable during a suspension caused by the Customer's breach.
Service, availability and support
We aim to keep the service available at least 99.5% of the time, measured per calendar month and excluding scheduled maintenance, incidents caused by the Customer, its users or its DNS configuration, and events outside our reasonable control. This is a target, not a guarantee, unless a service level agreement has been signed separately.
Scheduled maintenance is announced in the console at least 48 hours in advance, except for urgent security updates, and is carried out outside Central European business hours wherever possible.
Support is provided by e-mail to the Customer's administrators on business days, at the address given under Contact. We may ask for the information needed to reproduce an issue.
Mailboxes, settings and the audit log are backed up daily; copies are kept for 30 days and restore procedures are tested regularly. Backups serve business continuity; restoring individual messages or mailboxes on request may be charged.
E-mail is delivered across systems that we do not operate. We publish the authentication records (SPF, DKIM, DMARC) and reverse DNS needed for good deliverability, but we cannot guarantee that a third-party mail system will accept, deliver or display a message, or do so within a given time.
We may change, add or retire features as the service develops. Where a change materially reduces the service the Customer pays for, we announce it at least 30 days in advance.
Data protection
For the personal data in mailboxes, calendars, contacts and user accounts, the Customer is the data controller and Talya Smart is the processor acting on the Customer's documented instructions. The Customer is responsible for having a lawful basis for that processing and for informing its users.
The service is hosted on dedicated servers in a data centre in Germany (European Union). Customer data is not transferred outside the European Union and is used only to provide, secure and improve the service.
A data processing agreement that meets the requirements of the GDPR and of Turkish data protection law (KVKK) is available on request. Our privacy notice describes which data the website and the console process, where and why.
On termination the Customer can export its mailboxes over IMAP and its directory data from the console. Data is deleted after the backup retention period described in the privacy notice.
We inform the Customer without undue delay if we become aware of a personal data breach affecting its workspace.
See also the Privacy notice.
Billing and payment
The service is sold as a subscription per workspace. A subscription consists of a package (the set of features and limits) and a number of seats (user accounts). The available packages and their prices are shown in the console. The billing interval is monthly or yearly, as chosen by the Customer.
Prices are stated in the currency shown at checkout and exclude value added tax and other applicable taxes, which are added at the rate in force. Where a reverse-charge rule applies, the Customer accounts for the tax itself.
Invoices are issued at the end of each billing period and are payable within 3 days of the invoice date, unless the invoice states otherwise. Invoices are delivered electronically to the workspace's billing contact and can be paid online in the console.
A new workspace may start with a free trial of the length shown at sign-up. No fee is charged for the trial. When it ends, the subscription continues with the selected package and seat count unless it has been cancelled before then.
Seats can be added at any time; the added seats are invoiced pro rata for the remainder of the current period. Seats can be removed and the package can be changed with effect from the next billing period, unless the console offers an immediate, prorated change.
If an invoice has not been paid by its due date, the workspace is suspended automatically the following day and the billing contact is notified. During the suspension administrators can still sign in to the console and pay, and incoming mail is still received and stored, but mailbox sign-in and sending, the email API and changes in the console are paused. Nothing is deleted. The service is restored as soon as the outstanding amount has been received. We may charge statutory interest on late payments and recover reasonable collection costs.
The Customer may cancel the subscription at any time in the console or by e-mail. The cancellation takes effect at the end of the current billing period, and the service remains available until then. Fees already paid are not refunded for unused time, except where applicable law requires a refund. We may terminate the agreement with 30 days' notice to the end of a billing period, or with immediate effect if a material breach is not remedied within 14 days of notice.
We may change prices with at least 30 days' notice given in the console or by e-mail. A new price applies from the first billing period that starts after the notice period. A Customer who does not accept the change may cancel the subscription before that date.
Liability
Talya Smart's total liability under or in connection with these Terms, for all claims together, is limited to the fees the Customer paid for the service in the 12 months before the event giving rise to the claim.
Talya Smart is not liable for indirect or consequential loss, lost profits or revenue, loss of business, loss of data beyond what can be restored from backups, or the cost of substitute services, even if such loss was foreseeable.
These limitations do not apply to liability for intent or gross negligence, for death or personal injury, or to any liability that cannot be limited under applicable law. Mandatory provisions of the law applicable to the Customer prevail over these Terms.
The Customer indemnifies Talya Smart against third-party claims arising from content sent through the service or from use of the service in breach of these Terms.
Changes to these Terms
We may update these Terms when the service, the law or our business changes. Material changes are announced at least 30 days before they take effect, by a notice in the console or by e-mail to the workspace owner.
A Customer who does not agree to a change may cancel the subscription before the change takes effect; continued use after that date counts as acceptance. Changes required by law or that are solely to the Customer's benefit may take effect immediately. The current version is always available at tsmart.ai/terms.
Governing law and jurisdiction
These Terms are governed by the laws of the Republic of Türkiye. The courts and enforcement offices of Istanbul have jurisdiction over any dispute arising out of or in connection with these Terms.
Where the Customer is a consumer under the law of its country of residence, the mandatory consumer protection rules of that country remain unaffected. Before going to court, the parties will try to settle a dispute amicably.
If a provision of these Terms is or becomes invalid, the remaining provisions stay in force. Where a translation of these Terms differs from the English version, the English version prevails.
Contact
Questions about these Terms, the service, invoices or data protection, as well as cancellations, can be sent to our general address. Security vulnerabilities should be reported to the security address; we take every report seriously and keep you informed until confirmed findings are closed.
General enquiries and cancellations: info@talyasmart.com. Security reports: security@talyasmart.com.