Terms of service. The Postlip Metrics service agreement.

1. Parties and contact

The provider of the Service:

• Company: YGMR Danışmanlık Limited Şirketi
• Address: Yeşilova Mah. 1. Değer Sk. No:28 İç Kapı No:3 Küçükçekmece/İstanbul
• MERSİS number: 0953096784700001
• Trade registry: İstanbul Ticaret Odası, registry no. 1155924
• Tax office and number: Küçükçekmece Vergi Dairesi / 9530967847
• Phone: 0850 346 69 51 (weekdays 09:00–18:00, Turkey time)
• E-mail: destek@postlip.com
• Personal data requests (KVKK): kvkk@ygmr.com.tr

Customer: the merchant or legal entity that makes an order form with us to use the Service; its details are in the order form.

2. Definitions

• Service: the Postlip Metrics panel; the Tracking API, Management API, Query API and Content API; the web and server SDKs; webhooks; and their developer documentation.
• Order form: the offer, order form or contract agreed with the Customer in writing or by e-mail; it sets the plan, limits, fee, billing period and any service level.
• Organization: the Customer’s workspace in the Service; apps, sources, members and data sit under it.
• User: an employee or representative the Customer invites to its organization.
• App and source: the product the Customer measures (website, web app, mobile app) and the client of that product that sends data to the Service (browser, mobile app, server).
• Customer data: all data the Customer and its users send to or upload into the Service, or have the Service read from the accounts they connect: measurement data, contacts, content, files, settings.
• Visitor: a person who uses the Customer’s website or app and whose data is measured with the Service.

3. Scope of the Service

The Service measures the traffic, behaviour, conversions and ad, social media and e-mail performance of the Customer’s products with one definition per metric, and provides Mailing & SMS, social media planning, content (blog), reporting and alert tools. The modules and limits available to the Customer (monthly events, sources, members, apps and storage) are set in the order form. Features and integrations shown as “Coming soon” on the website are not commitments.

The Service is a software tool; it is not legal, tax or marketing advice. Metrics, attribution and forecasts rest on the data the Customer sends, its event schema, consent settings and chosen models, and may differ from what ad or social media platforms count themselves. The Customer is responsible for decisions based on these results.

Connections with ad, analytics, social media, e-mail and SMS platforms are subject to those platforms’ terms and APIs. If a platform changes its API, permissions or terms, a feature may be restricted; we try to adapt the Service within a reasonable time, but we are not responsible for the platform’s decisions.

4. Accounts and organizations

• There is no public sign-up. Our platform team opens the organization on the Customer’s behalf and invites its owner; the users who manage the organization invite the other users. An account is set up through the invitation link.
• An account is personal and may not be shared. You are responsible for keeping your account details accurate and up to date and your password and two-step verification tools secret. The Customer can make two-step verification mandatory in its organization.
• The users who manage the organization manage members, roles and app scopes, sources and keys, API keys and connections. The Customer is responsible for the permissions given to users and for their actions.
• Secret signing keys (sk_…) and API keys are kept only on servers, never in a browser or mobile app. If you suspect a key or an account has been compromised, renew the key in the panel, change your password, sign out your sessions and tell us.

5. The Customer’s duties

• As the data controller of the personal data it sends to and processes with the Service, to collect this data lawfully, and to have the legal ground each processing needs, including the data subject’s explicit consent where required.
• To show visitors a cookie notice and a consent tool on its websites and apps; to pass the visitor’s analytics and marketing consent choice to the Service correctly (the web SDK’s consent call, context.consent on server events); and to choose the right consent mode for each source. The “no consent needed” mode is only for internal apps where consent is not legally required.
• To give its visitors and contacts a privacy notice that meets KVKK. That notice must say that Postlip Metrics is used as a measurement service provider (data processor) and, if conversion forwarding or audience sync is on, mention the transfer to ad platforms (including the IP address and browser details) and the transfer abroad.
• Not to send special categories of personal data to the Service (KVKK Art. 6: race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, dress, membership of associations, foundations or trade unions, health, sex life, criminal convictions and security measures, and biometric and genetic data); not to use an e-mail address, phone number or Turkish identity number as a user id.
• In commercial electronic messages sent with Mailing & SMS, to comply with Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages: to obtain and keep the recipient’s consent, meet the registration and query duties of the Message Management System (İYS), and offer an opt-out and correct sender details in every message. The Customer is the sender of these messages; the Service sends them on the Customer’s behalf, through the providers the Customer connects.
• To be authorised on the ad, analytics and social media accounts it connects and to comply with those platforms’ terms; to be responsible for the content it publishes with the Service.
• To use the Service in line with the law, these terms and good faith.

6. Acceptable use

The following is prohibited:

• Using someone else’s account, or letting someone else use your account or keys.
• Attempting unauthorised access; trying to get around security measures, rate limits or plan limits; trying to reach other organizations’ data; reverse engineering the Service.
• Putting abnormal load on the Service, uploading malware, or using the Service to attack other systems.
• Sending commercial messages without the recipient’s consent; uploading bought or unlawfully collected contact lists.
• Tracking visitors without their knowledge, by getting around or misleading their consent choices; trying to identify people with methods such as browser fingerprinting.
• Publishing or sending unlawful or misleading content, or content that infringes the rights of others.
• Reselling or renting the Service to third parties, or using it to build a competing product, without our written permission.

7. APIs and limits

• The Tracking API, Management API, Query API and Content API are used as described in the developer documentation. Requests are subject to rate and size limits; a request over a limit is refused with the time to wait (429, Retry-After).
• We keep the Tracking API backward compatible; an incompatible change comes with a new version and is announced in advance.
• Plan limits are in the order form. Even past the monthly event limit, events are not refused and are stored; at 80 percent of the limit and at the limit, the organization’s owners get an e-mail. At the source, app, member and storage limits no new one can be added. If a limit is exceeded persistently, the plan is set again together with the Customer.

8. Availability and support

• We try to provide the Service with reasonable care and without interruption. We announce planned maintenance in advance; urgent security updates may be made without notice. Any availability or response-time commitment is written in the order form.
• Support: destek@postlip.com and 0850 346 69 51 (weekdays 09:00–18:00, Turkey time). If the platform team needs to look at an organization to help, this happens through a support access that needs a reason and has a time limit; it is written to the organization’s audit log, e-mailed to the owners and can be closed by the organization.

9. Fees and billing

• The fee, billing period and plan limits of the Service are set in the order form.
• Unless stated otherwise, fees exclude VAT (KDV); VAT is shown separately on the invoice. An e-invoice (e-fatura) or e-archive invoice (e-arşiv fatura) is issued for every payment. Payment is due on the date in the order form.
• For a fee not paid when due, the Customer receives a written reminder; if payment is still not made within the period given in the reminder, the Service may be suspended.
• A price change is notified to the Customer in writing at least 30 days before it takes effect; the price of an agreed period does not change during that period. If the Customer does not accept the new price, it can end the agreement at the end of the period.
• If Postlip Metrics terminates the agreement or suspends the Service without just cause, the prepaid fee for the period that cannot be used is refunded.
• The Service is not offered to consumers; the Customer enters the agreement for commercial or professional purposes. The consumer provisions of Consumer Protection Law No. 6502 and the Distance Contracts Regulation, including the right of withdrawal, therefore do not apply.

10. Intellectual property

• The Service’s software, SDKs, documentation, design and brand belong to YGMR Danışmanlık Limited Şirketi. The Customer gets a non-transferable, non-exclusive right to use them for the term of the agreement; during that term the SDKs and setup snippets may be added to the Customer’s products only for use with the Service.
• Customer data belongs to the Customer; we use it only to provide the Service. We may freely use the Customer’s suggestions and feedback to improve the Service.
• We may use technical statistics that arise from running the Service and cannot be linked to any Customer, visitor or person (e.g. ingestion volume, error rates) to run and improve the Service.

11. Personal data

• For personal data in Customer data, the Customer is the data controller and Postlip Metrics the data processor. The parties’ rights and duties are governed by the Data processing agreement, an annex to these terms; it is formed together with these terms and needs no separate signature. A signed copy is issued if the Customer asks.
• For panel users’ account data, Postlip Metrics is the data controller; the Privacy notice explains the details.

12. Confidential information

Each party uses the information it learns during the agreement that is marked confidential or confidential by its nature (commercial terms, Customer data, security information) only for the purpose of the agreement and does not disclose it to third parties. Information the law requires to be disclosed, information that is public and information a party obtained independently are outside this duty. The duty of confidentiality survives the end of the agreement.

13. Suspension and termination

• The Customer can end the agreement on the term and notice in the order form or, if there is no such term, by written notice at the end of the paid period.
• In a serious breach of these terms, non-payment, unlawful use or a situation that endangers the security of the Service or of other Customers, we may suspend the organization or a source, key or connection, or terminate the agreement. Where possible we give notice and the reason in advance; the suspension is lifted once the cause is removed.
• Suspension does not erase Customer data.

14. Exporting and erasing data

• During the Service the Customer can export reports, tables, contacts and the audit log as CSV, XLSX or PDF; numbers are available through the Query API and configuration through the Management API.
• When the agreement ends, Customer data can be exported for 30 days; after that it is erased, except what the law requires us to keep. Connections are removed and, on platforms that support it, the granted authorisation is revoked.
• The Customer’s written erasure request is carried out within 30 days at the latest. Copies in backups are erased by the scheduled rotation within 35 days at the latest; until then backups are used only for disaster recovery.

15. Limitation of liability

Postlip Metrics is not liable for results based on the data, settings and decisions of the Customer, for wrong use by the Customer or its users, for outages, changes and decisions of the platforms and providers the Customer connects, for interruptions of internet connections, or for indirect damage and loss of profit. The total liability of Postlip Metrics under the agreement is limited to the fees the Customer paid in the 12 months before the damage arose. Intent and gross negligence are outside this limitation (Turkish Code of Obligations Art. 115).

16. Indemnity

The Customer holds Postlip Metrics harmless from third-party claims and administrative sanctions arising from the unlawfulness of the data it sends to the Service, from processing personal data without the necessary legal ground, notice or consent, from sends that breach the commercial message rules, and from using the Service against these terms; it pays the amounts Postlip Metrics has to pay for this reason and reasonable defence costs. Postlip Metrics informs the Customer without delay when it learns of a claim and lets it take part in the defence.

17. Force majeure

While events beyond the parties’ control last, such as natural disasters, epidemics, war, general power or communication outages, cyber attacks and decisions of public authorities, the obligations they affect are suspended.

18. Changes to the terms

When the terms change, the new version is published on this page. Material changes are e-mailed to the organization’s owners at least 30 days before they take effect. A Customer that does not accept a change can end the agreement before the change takes effect; if it does not and keeps using the Service, it accepts the new terms. Fees and limits agreed in the order form cannot be changed this way.

19. Assignment

The Customer may not assign its rights and obligations under this agreement to third parties without our written consent. Postlip Metrics may assign the agreement, with notice to the Customer, to group companies or to a successor that takes over the Service; the assignee is bound by these terms.

20. Notices and evidence

Notices to the Customer go to the registered e-mail addresses of the organization’s owners; notices to Postlip Metrics go by e-mail to destek@postlip.com or in writing to Yeşilova Mah. 1. Değer Sk. No:28 İç Kapı No:3 Küçükçekmece/İstanbul. A notice by e-mail is deemed received on the business day after it was sent. In disputes, the electronic records and audit log of Postlip Metrics are accepted as evidence under Code of Civil Procedure (HMK) Art. 193, without prejudice to the right of counter-evidence.

21. Governing law and jurisdiction

These terms are governed by Turkish law. The İstanbul (Central) Courts and Enforcement Offices have jurisdiction over disputes. The Turkish text of these terms is binding; texts in other languages are translations.