USER AGREEMENT
This User Agreement (“Agreement”) governs the terms and conditions for the use of the ControlBubble WhatsApp Automation Platform, panel, website, and related services provided by ControlBubble.
Any natural or legal person who uses the Platform, creates an account, requests a demo, or otherwise benefits from the services declares that they have read, understood, and accepted this Agreement.
1. Parties and Subject
This Agreement is concluded between ControlBubble (“Company”) on one side and the person or organization using the Platform (“User”) on the other side.
The subject of this Agreement is to determine the terms of use for digital services provided by ControlBubble, including but not limited to messaging automation, campaign management, reminders, tagging, integration, reporting, and similar services.
2. Definitions
Platform: Refers to the website, panel, management screens, integration infrastructure, and all related digital services provided by ControlBubble.
User: Refers to any natural or legal person who accesses the Platform, creates an account, or benefits from the services.
Account: Refers to the user profile created by the User in order to benefit from the Platform services.
Content: Refers to any data, text, message, media, and similar elements uploaded, entered, created, or sent by the User through the Platform.
3. Scope of the Service
ControlBubble may provide the User with services including, but not limited to, the following:
- Setting up automation through WhatsApp and similar messaging channels,
- Creating and managing message templates,
- Creating bulk sending, campaign, and reminder scenarios,
- Customer segmentation, tagging, and reporting,
- User, message, and integration management through the panel,
- Support, technical assistance, and product development processes.
The Company reserves the right to update, modify, expand, or partially remove the scope of the service, its features, and the technical infrastructure at any time.
4. Account Creation and Terms of Use
In order to benefit from certain parts of the Platform, the User may be required to create an account.
- The User agrees that the information provided during registration is accurate, current, and complete.
- The User is responsible for the security of their account access credentials.
- The User may not transfer, lease, or allow third parties to use their account.
- Unless otherwise proven by the Company, transactions performed through the account shall be deemed to belong to the User.
The Company may suspend or terminate the User’s account in cases of suspicious use, security risks, unlawful activity, or violation of this Agreement.
5. User Obligations
The User accepts and undertakes that they will:
- use the Platform in compliance with applicable legislation,
- not send spam, misleading, deceptive, unlawful, or unauthorized commercial communications,
- not share content that violates the rights of third parties,
- not engage in any activity that may disrupt the security, integrity, or performance of the Platform,
- avoid unauthorized access, reverse engineering, system testing, vulnerability scanning, or any abusive conduct,
- obtain the necessary permissions, approvals, and disclosures for the activities they conduct through the Platform.
The User is responsible for fulfilling all legal obligations regarding the data of their own customers, employees, or end users.
6. Prohibited Uses
The following types of use are strictly prohibited:
- Sending unlawful content or messages,
- Unauthorized bulk messaging, spam, or misleading commercial communications,
- Attempts to gain unauthorized access to the accounts of others,
- Use of viruses, malware, or tools intended to disrupt systems,
- Activities aimed at excessively and maliciously consuming Platform resources,
- Actions that infringe the intellectual property rights of the Company or third parties.
7. Pricing and Payment
Some services offered within the Platform may be paid services. Paid plans, package contents, billing periods, and usage limits are separately determined by the Company and presented to the User on the relevant page, offer, panel, or annexes to the agreement.
- The User agrees to pay the fees of the selected plan on time.
- In the event of delayed payments, the Company may temporarily suspend access to the service.
- Taxes, legal deductions, and mandatory financial obligations shall belong to the User unless otherwise stated.
The Company reserves the right to update package contents and prices for future periods.
8. Integrations and Third-Party Services
The Platform may operate in integration with WhatsApp and other third-party services. The User acknowledges that the terms and policies of the relevant third parties may also apply when using such services.
The Company shall not be held liable, except in cases of gross negligence, for consequences arising from outages, policy changes, access restrictions, or technical issues related to third-party services.
9. Personal Data and Privacy
The User’s personal data and other data processed within the scope of the Platform are processed in accordance with the Company’s Privacy Policy and the applicable legislation.
If the User transfers or processes personal data belonging to others through the Platform, the User accepts that they have the necessary legal basis, disclosure, and, where required, explicit consent for such data.
Details regarding the processing of personal data are also set out in the Privacy Policy and relevant disclosure texts.
10. Intellectual Property Rights
All rights related to the Platform’s design, software, interface, trademarks, logos, graphic elements, content, and all other components belong to the Company or the relevant rights holders.
- The User is granted only a limited, non-transferable, and non-exclusive right to use the services solely for benefiting from them.
- The User may not copy, reproduce, distribute, sell, license, or create derivative works from the Platform.
11. Service Continuity and Technical Interruptions
The Company makes reasonable efforts to ensure that the Platform operates uninterrupted and without errors. However, temporary interruptions may occur due to maintenance, updates, infrastructure changes, security interventions, third-party service outages, or force majeure events.
Where appropriate, the Company will try to announce planned maintenance and major system changes in advance.
12. Limitation of Liability
Subject to mandatory provisions of applicable law, the Company shall not be liable for indirect damages, data loss, loss of profit, business loss, reputational damage, or third-party claims arising from the use of the Platform, unless caused by the Company’s gross negligence or willful misconduct.
The User accepts that they are responsible for evaluating the suitability of the Platform for their own needs and for the results arising from its use.
13. Suspension and Termination of the Agreement
The Company may suspend the service or terminate this Agreement in the following cases:
- Detection of use contrary to this Agreement,
- Suspicion of unlawful activity,
- Failure to fulfill payment obligations,
- Conduct that jeopardizes Platform security,
- Request by competent authorities or legal necessity.
The User may also terminate this Agreement by closing their account or discontinuing use of the service. Fees, obligations, and liabilities accrued until the date of termination shall remain valid.
14. Amendments to the Agreement
The Company may update this Agreement from time to time. The updated text becomes effective as of the date it is published on the Platform.
Continued use of the Platform by the User after such changes means acceptance of the updated Agreement.
15. Governing Law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Türkiye.
Unless mandatory legal provisions require otherwise, the courts and enforcement offices of the place where the Company’s headquarters are located shall have jurisdiction over disputes that may arise between the parties.
16. Entry into Force
This Agreement enters into force when the User starts using the Platform.
By using the Platform, the User is deemed to have accepted the provisions of this Agreement.