Service provider

Digital Fikir Bilişim Danışmanlık Yazılım Tic Ltd Şti

comup.net

Member / User

The natural or legal person registering on the platform

This Membership and Terms of Service Agreement has been concluded between the person or organisation that becomes a member of or uses the Commerce Up platform (the Member) and Commerce Up Yazılım A.Ş. (the Company). By registering on the platform or using the services you are deemed to have accepted all provisions of this Agreement.

Article 1 — Definitions

“Platform”: The website, application and all services offered under the comup.net domain
“Service”: The widget, campaign, analytics, AI optimisation and all related software services offered by Commerce Up
“Subscription Plan”: The paid/free package options chosen by the Member: Basic, Pro, Advanced or Enterprise
“Member Data”: Any data the Member processes, stores or transmits on the platform
“Visitor Data”: Behavioural and statistical data about end users who visit the Member's e-commerce store
“Tracker Script”: The JavaScript code provided by Commerce Up and added to the Member's site

Article 2 — Membership terms

2.1 Creating a membership: Membership is created by entering the required information on the platform accurately and completely and by approving this Agreement.

2.2 Capacity: Individual members must be at least 18 years old; corporate members must have the authority to represent and bind the company.

2.3 One account principle: Each natural or legal person may create only one membership account.

2.4 Account security: The Member is responsible for keeping the account password and access details confidential.

2.5 Sub-users: Under the Enterprise plan, multiple users can be added with the team management feature.

Article 3 — Service scope and plan details

Plan Basic Pro Advanced Enterprise
Monthly fee Free $29.90 $99.90 $199.90
Number of widgets 3 10 50 Unlimited
Monthly views 500 50,000 250,000 1,000,000
Campaigns 1 3 20 Unlimited
A/B testing — 2 variations Unlimited Unlimited
AI features — — Store Doctor, Journey Autopilot, Competitor Analysis
Support Email Priority 24/7 priority 24/7 + SLA

3.2 The Company reserves the right to change service features after giving reasonable prior notice.

3.3 A 99.9% uptime guarantee is provided for the Enterprise plan.

Article 4 — Rules of use and prohibitions

4.1 The Member undertakes to use the platform only for legitimate and lawful purposes.

4.2 The following uses are strictly prohibited:

  • Any attempt to bypass the platform's security systems
  • Unauthorised access to other members' accounts
  • Publishing misleading, fake or harmful content
  • Using content that infringes intellectual property rights
  • Automated traffic that uses platform capacity disproportionately
  • Data processing activities that violate KVKK, GDPR and related data protection legislation
  • Reverse engineering the platform in order to develop a competing product

4.3 In the event of a violation, the Company reserves the right to suspend or terminate the account without prior notice.

Article 5 — Intellectual property rights

5.1 All software, designs, algorithms, content and trademarks on the platform belong to Commerce Up.

5.2 The Member is granted only a non-transferable, non-exclusive, limited licence of use within the chosen plan.

5.3 Copying or distributing the Tracker Script or creating derivative products from it is prohibited.

5.4 The Member retains the intellectual property rights in its own content uploaded to the platform.

Article 6 — Data privacy and KVKK/GDPR compliance

6.1 The Company undertakes to comply with its obligations under KVKK and GDPR.

6.2 Data processing roles: The Member is the data controller and Commerce Up is the data processor.

6.3 Data security: All data is protected with 256-bit SSL encryption.

6.4 AI features: AI models work only with anonymised data.

6.5 Cookie compliance: The Member is responsible for the Tracker Script's compliance with cookie policy requirements.

6.6 Data retention: After membership is terminated, active data is deleted within 90 days and backup data within 1 year.

Article 7 — Outages and limitation of liability

7.1 The Company cannot be held liable for:

  • Third-party platform outages
  • Force majeure events
  • Incorrect configuration by the Member
  • Technical problems on the Member's site

7.2 The Company's maximum liability is limited to the relevant subscription fee.

7.3 The Company is not liable for indirect damages.

Article 8 — Term and termination

8.1 This Agreement enters into force when the membership is created.

8.2 Termination by the Member: The Member can cancel at any time from the account panel.

8.3 Termination by the Company: 24 hours' notice is given in case of a violation of use; 15 days' notice in case of non-payment.

8.4 After termination: Access to Member data is stopped; the Member has the right to download data within 30 days.

Article 9 — Governing law and dispute resolution

9.1 This Agreement is subject to Turkish law.

9.2 Mediation is applied for first. The Istanbul (Çağlayan) Courts and Enforcement Offices are competent.

9.3 In consumer transactions, the Consumer Arbitration Committee and Consumer Courts are also competent.

Article 10 — Other provisions

10.1 Changes to the Agreement: The Company may update it; continued use is deemed acceptance.

10.2 Severability: If one provision is held invalid, the others are not affected.

10.3 Entire agreement: This Agreement, the Privacy Policy and the Distance Services Sales Agreement together constitute the entire agreement.