Growtyx

GROWTYX LEGAL

Terms of Service

Last Updated: September 13, 2026

This English version is provided for information purposes only. In the event of any conflict or inconsistency, the Turkish original governs and is the legally binding text.

These Terms of Service ("Agreement") are entered into between [Full Name] ("Service Provider", "Company", "we", "us" or "our"), the operator of the B2B SaaS service offered under the Growtyx brand, and the individual or legal entity that registers on the Platform ("User"). Growtyx is a cloud-based B2B (Business-to-Business) SaaS platform that provides SEO analysis, site crawling, sales conversion analysis, and AI-powered performance recommendations for e-commerce sites. By accessing or using the Service, you are deemed to have accepted all terms of this Agreement.

1. Parties and Scope of Service

This Agreement is entered into between the Service Provider and the individual or legal entity ("User") who registers on the Platform and uses the Service for commercial or professional purposes in connection with their own e-commerce activity or that of the business they represent. If the User creates an account on behalf of a business or brand, the User represents and warrants that they are authorized to do so; if registering in an individual/personal capacity, the User represents and warrants that they will use the Service exclusively for commercial/professional purposes.

Payments, subscriptions, billing, tax and similar payment processes may be carried out through third-party payment infrastructure or Merchant of Record ("MoR") providers authorized by the Service Provider. The use of an MoR does not change the fact that the Service Provider is the provider of the Growtyx service.

Should the Service Provider incorporate a company in the future, the party information in this Agreement may be updated with the company's legal name; such a change does not affect the User's existing rights and obligations.

2. User Responsibilities and Disclaimer for Unauthorized Crawling

Every User who uses the "Site Crawler" module within our Service and the integrated third-party APIs (Google Analytics, ikas, etc.) accepts the following terms in advance:

  • Authorized Access: The User agrees and undertakes to crawl only websites that they own or are an authorized administrator of, and to use the Platform only lawfully and within the scope of their own commercial activities.
  • Disclaimer of Liability: Any legal, criminal and financial liability arising from unauthorized crawling of websites that do not belong to the User, that are not permitted, or that belong to third parties, rests entirely and exclusively with the User. The Service Provider cannot be held liable in any way for such unauthorized actions.
  • Reverse engineering of, or unauthorized access attempts against, the Platform infrastructure are prohibited.
  • Indemnification Obligation: The User is liable for, and shall indemnify the Service Provider against, third-party claims, damages, administrative sanctions and reasonable defense costs directed at the Service Provider arising from the User's unauthorized crawling activities or activities in breach of this Agreement, to the extent these result from the User's fault or use in breach of the Agreement.
  • Data and Access Rights Provided by the User: The User is responsible for ensuring that the information, data, integrations, connections, API access and other technical access rights they provide to the Platform are accurate, current and lawful, and that they are authorized to share these with the Service Provider or to grant the Service Provider access to them. Except where resulting from the Service Provider's own fault, the Service Provider is not liable for outcomes arising from incomplete, incorrect, outdated or unauthorized information, data or access provided by the User.

3. Use of Artificial Intelligence (AI), Data Flow and Model Training

  • Data Flow and Transparency: The Platform may use third-party AI/LLM API services to provide decision-support features such as SEO analysis, content and product description suggestions, and sales and conversion performance analysis. In this context, product and category information, search queries, SEO data, performance and conversion metrics, and related content provided by the User that are necessary for the relevant feature to function may be processed. Customer personal data (name, surname, phone number, address, etc.) is not transferred to LLM providers unless strictly necessary for the Service to function.
  • Model Training Restriction: For the commercial/API-based AI services it uses, the Service Provider enables the data-use and model-training opt-out settings offered by the provider, where available. Under this configuration, User data is intended not to be used to train general-purpose AI models.
  • Nature of AI Output: Analyses, predictions, content, advice and recommendations generated by AI are for informational and decision-support purposes only. AI output should not be treated as professional advice, investment advice, a financial guarantee, legal opinion, or a commitment to any specific commercial outcome.
  • No Guarantee of Accuracy or Results: The Service Provider does not guarantee that AI output will always be accurate, complete, current or error-free. It is not promised that implementing an AI-generated recommendation will increase or decrease sales, raise conversion rates, improve SEO performance, or produce any specific commercial or financial outcome.
  • User's Decision-Making Responsibility: The User is responsible for evaluating the suitability of AI output for their own business, products, customers, market conditions and commercial goals; performing any necessary verification; and making the final decision on whether or not to implement the recommendations. Unless otherwise required by law, any commercial consequences arising from implementing the recommendations, whether as given or modified, are deemed to fall within the User's own commercial decision and judgment.
  • Third-Party AI Services: The results of AI features may depend on the technical infrastructure and service continuity of the third-party AI providers used. Changes to these providers' APIs, models, access, pricing or usage policies may affect how the AI features function.

4. Disclaimer of Warranties (As-Is) and Limitation of Liability

The Service is provided on an "As-Is" and "As-Available" basis.

  • The Service Provider protects your data with industry-standard security measures (SSL/TLS encryption, row-level access control/Row Level Security, regular security updates). However, it is a well-known fact that no system operating over the internet can be absolutely uninterrupted; it cannot be absolutely guaranteed that the Service will never be interrupted or will operate error-free. The Service Provider cannot be held liable for direct or indirect commercial damages (loss of sales, loss of customers, etc.) arising from service interruptions caused by server failure, software error, or an unforeseeable cyberattack.
  • Third-Party API and Integration Outages: Growtyx operates by integrating with the APIs of third-party service providers (ikas, Google, Meta, etc.). The Service Provider cannot be held liable for service interruptions or data gaps that may arise from these companies restricting API access, changing their infrastructure, or halting data flow.
  • Hosting and Infrastructure Outages (Best-Effort Repair): The Service Provider is not liable for failures, maintenance or outages that may occur at the cloud infrastructure providers hosting the Service (server, database, network services, etc.). In such an event, the Service Provider will make a best-effort attempt to resolve the issue within a reasonable time, but does not commit to a specific repair/restoration time and is not obligated to pay the User any compensation or refund based on the duration of the outage. The exception for a free period extension defined in the Cancellation and Refund Terms remains reserved for cases of 48 hours or more of continuous access disruption caused by an infrastructural outage attributable to us or by force majeure.
  • Limitation of Liability: Subject to Article 115 of the Turkish Code of Obligations (Türk Borçlar Kanunu) and other mandatory provisions of law, the Service Provider's total legal and financial liability arising from this Agreement is limited to the net service fee actually paid by the User in the 3 (three) months immediately preceding the date of the event giving rise to the damage. Liability that cannot be limited or excluded by law, in particular damages arising from intent or gross negligence, falls outside this limitation.
  • To the extent permitted by law, the Service Provider is not liable for indirect, incidental, special or consequential damages, including loss of profit, loss of revenue, loss of business opportunity, and loss of reputation.

5. Subscription, Payment and Pricing

Our Service is billed monthly or annually depending on the selected plan (Starter, Pro, Agency). All pricing and billing terms are subject to the rules set out in the Cancellation and Refund Terms and the Distance Sales Agreement.

  • 1:1 Strategy Session: For Pro plan users, this service is not included in the plan; it is billed separately upon request, with the fee determined by contacting the Service Provider. For Agency plan users, 1 (one) hour per month is included in the plan. In both plans, unused time does not roll over to the next month and cannot be accumulated.
  • The Service Provider reserves the right to change pricing; a price increase to the User's detriment is subject to the minimum 14-day notice period defined in Article 14 (Changes to the Agreement).

6. Intellectual Property Rights

All intellectual property rights in the Platform — including all software code, interface design, brand rights, logos, infrastructure, algorithms and AI models — belong to the Service Provider. These rights also include the economic rights of adaptation, reproduction, distribution, performance and communication to the public under Law No. 5846 on Intellectual and Artistic Works (FSEK); the User is granted only a non-exclusive, non-transferable license to use the Service, limited to the term of use, and this Agreement does not transfer any of these rights to the User. The User may not copy, reproduce, distribute, or reverse-engineer the Platform.

Ownership of AI Output: The analysis reports, insights and performance recommendations ("AI Output") that the Platform generates based on the User's own data are a work product the User may freely use within their own commercial activities. The Service Provider does not claim any right restricting the User's use of this AI Output; however, the AI model, algorithm and methodology used to produce this output remain the Service Provider's intellectual property. As stated in Article 3, AI Output is advisory in nature and its accuracy is not guaranteed.

7. Privacy, Security and Data Protection (KVKK)

The Platform stores the User's commercial data using encryption and does not share it with unauthorized third parties. The User is the "Data Controller" for the customer/sales data they transfer to the Platform, while the Service Provider acts as the "Data Processor" processing this data within the scope of the Agreement. Detailed information on the processing of personal data is provided in the Privacy Policy and in Annex 1 (Data Processing Agreement) of this Agreement.

Account Security: The User is responsible for their own account security and for safeguarding their account access credentials. The User is also responsible for the actions on the Platform of any employee, consultant, representative or other authorized person who accesses the User's account. The User is obligated not to share account information and access rights with unauthorized persons and to take the necessary security measures. Cases where a security breach results from the Service Provider's own fault remain reserved.

8. Limitation of Liability Regarding the İYS and Electronic Commerce Legislation (ETK)

The User is solely responsible for ensuring that all messages (SMS, OTP, etc.) sent via Growtyx infrastructure comply with Law No. 6563 and İYS (Turkey's Commercial Electronic Message Management System) regulations, and for obtaining recipient consent. The Service Provider is solely a technical infrastructure/intermediary service provider.

9. Refunds and Right of Withdrawal

Refund and withdrawal terms are governed by the Distance Sales Agreement and the Cancellation and Refund Terms, taking into account the User's status, applicable law and the payment service's conditions. Refund, withdrawal or other consumer rights required by law remain reserved.

10. Data Export and Deletion

For as long as their subscription remains active, the User may export their own data and standard reports held in their Growtyx account, in formats supported by the Platform.

After the subscription ends, the User is given, to the extent technically possible, a 30-day window for standard data export. The Service Provider's algorithms, source code, system logs, security records, trade secrets, and other technical data belonging to the Platform's intellectual property are not included in the scope of export.

At the end of the 30-day period, data belonging to the User on active systems is deleted or anonymized, except where it must be retained for a longer period under law or contract. Records that must be retained for accounting, invoicing, tax, legal dispute or other statutory purposes may be kept for the period required by the relevant legislation. Data on backup systems may remain available for a longer period depending on technical backup cycles, and such data is not accessed in the course of ordinary use.

Backup Service: Unless expressly stated otherwise, Growtyx does not offer an independent or guaranteed data backup service. The User is responsible for separately backing up any data they consider necessary for their own commercial activities. Technical backup operations performed on the Service Provider's systems may be carried out for business continuity and system security purposes; these backups do not constitute a separate data recovery or backup service commitment to the User.

11. Termination and Account Closure

The User may cancel their subscription and close their account at any time via the platform. The Service Provider has the right to immediately suspend or terminate the account if the User breaches the rules of this Agreement, if malicious use is detected (e.g., unauthorized crawling), or if payment obligations are not fulfilled. Termination or cancellation does not eliminate payment, confidentiality, data security or liability obligations that arose prior to the date of termination.

12. Force Majeure

The Service Provider cannot be held liable for delays or service interruptions arising from force majeure events reasonably beyond the Service Provider's control and reasonably unpreventable, such as natural disasters, cyberattacks (DDoS, etc.), telecommunications infrastructure failures, general outages at hosting providers, war, and legal regulations.

13. Governing Law and Jurisdiction

The laws of the Republic of Turkey govern the interpretation and application of this Agreement and the resolution of any dispute arising from it; subject to mandatory jurisdiction rules, the courts and enforcement offices of Ankara have exclusive jurisdiction.

14. Changes to the Agreement

The Service Provider reserves the right to update or change the terms of this Agreement in line with developments in the nature of the Service, changes in legislation, or operational requirements. If a material change is made to the User's detriment, the Service Provider will, in addition to publishing the updated Agreement on its website, notify the User by email or in-Platform notification at least 14 (fourteen) days before the change takes effect. If the User does not stop using the Service or cancel their subscription by the effective date of the notified change, they are deemed to have accepted the updated terms; otherwise, the User has the right to terminate their subscription without penalty by the effective date. Non-material changes (such as spelling and formatting corrections) take effect as soon as they are published.

15. Provisions Surviving Termination (Survival)

Even if this Agreement is terminated for any reason, the provisions on Privacy, Security and Data Protection (Article 7 and Annex 1), Intellectual Property Rights (Article 6), Disclaimer of Warranties and Limitation of Liability (Article 4), and Dispute Resolution (Article 13) shall, by their nature, remain in effect for 5 (five) years following termination, or for a longer period if one is provided for under applicable law.

Obligations arising from legislation on the protection of personal data, data security, confidentiality and the retention of legal records continue for the period and to the extent provided for in the relevant legislation.

16. Miscellaneous Provisions

16.1. Assignment

The User may not assign or transfer the rights and obligations arising from this Agreement to a third party without the Service Provider's prior written consent.

The Service Provider may assign this Agreement, or the rights and obligations under it, without the User's separate consent, in the event of a transfer of all or part of the Service or the business, a restructuring, or a corporate reorganization.

16.2. No Waiver

Either party's failure to exercise, or delay in exercising, any right under this Agreement at a particular time does not constitute a waiver of that right.

A waiver of any right is only valid if made expressly and in writing.

16.3. Severability

If any provision of this Agreement is held by a competent authority to be invalid, void or unenforceable, that provision shall be enforced to the maximum extent possible, and the validity of the remaining provisions of the Agreement shall not be affected.

16.4. Electronic Records and Evidence

The parties agree that electronic records relating to transactions carried out via the Platform, transaction records, access logs, subscription and payment records, and records of electronic communications between the parties may be used as evidence in resolving disputes.

The evidentiary status of these records does not eliminate the discretion of competent authorities under applicable law.

16.5. Notices and Communication

Notices under this Agreement may be given by sending them to the email address the User has registered on the Platform, by in-Platform notification, or by publication on the Platform.

The User is responsible for ensuring that the contact information they provided during registration is current and accurate. The Service Provider cannot be held liable if a notice fails to reach the User due to outdated contact information.

For notices producing legal effects such as termination, default, or withdrawal, the form and notification methods required by applicable law remain reserved.

17. Effective Date and Electronic Execution

This Agreement takes effect when the User registers on the Platform, creates a subscription, makes a payment, or begins using the Service.

The parties agree that this Agreement may be executed electronically, and that acceptance actions carried out electronically shall, to the extent permitted by applicable law, constitute evidence that the Agreement has been accepted.

18. Entire Agreement

This Agreement and its expressly referenced annexes constitute the entire agreement between the parties on this subject matter and supersede any prior oral or written agreements on the same subject.

In the event of a conflict between this Agreement and the Privacy Policy, the Data Processing Agreement (DPA), the Cancellation and Refund Terms, or other related documents published on the Platform or expressly referenced in this Agreement, and subject to the mandatory provisions of applicable law, the document specifically governing the relevant subject matter shall prevail.

Annex 1: Data Processing Agreement (DPA)

This Data Processing Agreement ("DPA") sets out the terms governing the processing, under Turkey's Law No. 6698 on the Protection of Personal Data (KVKK), of personal data belonging to the e-commerce customers and site visitors of the User ("Data Controller") that the User transfers to the Platform, by the Service Provider ("Data Processor").

  • Processing Instructions and Purpose Limitation: The Service Provider processes personal data obtained from the User's e-commerce infrastructure or other sources integrated into the Platform only in accordance with the User's documented instructions and within the scope of this Agreement, for the purposes of providing the Service, performing analyses, reporting, and carrying out functions requested by the User such as campaigns and segmentation. The Service Provider may not use this data for its own commercial purposes, sell it, or unlawfully transfer it to third parties.
  • Data Controller's Representation: The User represents and warrants that the personal data they transfer to the Platform is processed on a valid legal basis under KVKK, and that they have fulfilled the necessary disclosure obligations toward their own data subjects.
  • Security Measures: The Service Provider implements technical and administrative security measures proportionate to the nature of the Service and the associated risks, in order to protect the security of the personal data processed. In this context, encryption during data transfer, encryption at rest, and access control mechanisms may be used, where applicable.
  • Sub-Processors: To provide the Service, the Service Provider may make use of third-party service providers and sub-processors that offer hosting, cloud infrastructure, database, analytics, communication, payment, AI, security, monitoring, email and similar technical or operational services. Up-to-date information on sub-processors and service providers, together with their contact details and data processing purposes, is published in the Privacy Policy. To the extent sub-processors can access personal data, the Service Provider enters into agreements with them containing appropriate data protection and security obligations, and exercises the necessary oversight within the scope of its own obligations.
  • International Data Transfers: Where the hosting, infrastructure, analytics, AI or similar services used to provide the Service are provided by service providers located outside Turkey, personal data may be transferred abroad. Such transfers are carried out in accordance with KVKK's provisions on international data transfers currently in force and the transfer mechanism applicable to the specific transfer in question. The Service Provider implements the necessary technical and administrative measures appropriate to the nature of the transfer.
  • Data Breach Notification: If the Service Provider detects unlawful access to personal data, or a personal data security breach, on systems under its own control or those of its sub-processors, it will notify the User in writing as soon as reasonably possible, and in any event within 48 hours at the latest. To the extent available, the notification will include information on the nature of the breach, the categories of data affected, the groups of data subjects concerned, and the measures taken or planned. The Service Provider will provide reasonable assistance to enable the User to fulfill their own notification obligations under applicable legislation.
  • Deletion of Data After Termination: This matter is governed by Article 10 (Data Export and Deletion) of the main Agreement.
  • Audit: The User may, no more than once per year and with reasonable prior notice, request the Service Provider's current and relevant security/compliance documentation for the purpose of assessing compliance with this DPA.