Last date of update: June 26, 2024

TERMS OF SERVICE

Desk360 (also referred to as “the Application”, “Desk360” or “Product”) is owned and operated by Desk360 Yazılım Anonim Şirketi. This terms of service which enable the use of Desk360 (“Terms”, or “Terms of Service”) shall be valid for all services given to you by Desk360 Yazılım Anonim Şirketi.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. THROUGH ACCESSING THE PLATFORM, USING THE SERVICES OR CLICKING “AGREE”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS. IF YOU DO NOT AGREE WITH THE TERMS, YOU SHOULD IMMEDIATELY DISCONTINUE USING THE PLATFORM AND SERVICES.

Additional Terms and Conditions may be set forward on the Desk360 or this Terms may be amended from time to time. Such additional terms and conditions are incorporated to this Terms. You hereby acknowledge that you are bound with all additional terms and documents and the latest version of this Terms published on the Desk360. You are responsible of checking the updated Terms periodically and we are not under any obligation of notifying such changes.

Desk360 can be accessed through various locations and jurisdictions. Users who choose to access the Platform from such locations do so on their own initiative and are solely responsible for compliance with applicable local laws, and they shall not use the Platform unless it is permitted under the applicable laws.

You may not use this Desk360 and Services if you: (i) do not agree to this Terms; (ii) are not of the age or have the capacity to be bound by this Terms in your jurisdiction of residence; or (iii) are prohibited from accessing or using this Desk360 or Services or any of this Desk360’s contents, products or services by applicable law.

This Terms of Service (“Terms”) and Privacy Policy shall allow you to use the software applications, websites, tools and other features provided by us from time to time within Desk360 (hereinafter referred to as “Desk360 Services” or “Services”). You hereby agree to be bound by these Terms by accessing or using any of the Services. Use of other third-party services will be subject to the Terms of Service and Privacy Policy of the respective third parties. If you are using Desk360 as a business, please note that your actions are binding for your business.

As an individual, you must be 18 years of age or older to access or use the Services.

Certain features of the Services may be subject to additional instructions, conditions or rules which will be published in connection with such services. All these additional terms, guidelines and rules are incorporated with reference to these Terms.

Personal Information

We provide assurance for the security and protection of our users' personal information/data. The Desk360 Privacy Policy describes how we collect, use, share and process personal information/data. You agree that Desk360 may collect, use, share, or process personal information as described herein.

Description of Services

2.1. As the official business solution provider of WhatsApp, Desk360 offers WhatsApp Business Account service to businesses. Businesses can choose one of the following services to strengthen customer communications and enhance customer support experience:

Desk360 Dashboard: WhatsApp messaging through the Desk360 web dashboard and app.

Public API: WhatsApp messages are integrated into an external dashboard, messages pass through Desk360.

The rights of the Parties

3.1.Your Rights

3.1.1. These Terms apply to the Services during your free trial and within the service plan/subscription package of your choosing.

3.1.2. Using Our Services: You have a limited, non-exclusive, revocable, non-assignable and non-sublicenseable right to access and use your services for your own business purposes subject to compliance with the Terms and only during the subscription period. You are responsible for the use of the Services by third parties through your account.

3.1.3 Using our APIs: APIs should be used according to the API Policies we implement in this respect.

You cannot use Desk360 services on a device that you do not own.

Desk360 Application Updates

We hereby reserve the right to add or remove features or functionality to Desk360. The Product periodically communicates with our servers. When we release a new version of Desk360 or add new features, we may request an update on your device. This update can be done automatically, via advance notice or both can take place simultaneously or in multiple sessions. You may need to review the Terms of Service and agree to the then current Terms of Service before using the updated versions.

Assistance

Desk360 is constantly working to provide appropriate and efficient technical support for services, to provide updates and improvements, and reserves the right to limit or terminate support, updates, or improvements from time to time.

Access

You must provide the necessary equipment, internet connection, device, and service plans at your own expense to access and use the Desk360. If you access the Product over a mobile network, there may be messages, data, or other charges by your network or roaming provider. You are solely responsible for any costs incurred in accessing Desk360 from your device.

You may not access or use the Services for upgrades and maintenance during the planned downtime of Services. (In case any access restrictions may be caused by “Planned Downtime” and similar conditions) Natural disasters, government actions, terrorist acts, technical barriers beyond our control (including, but not limited to, inaccessibility of the internet) or actions undertaken by third parties, including, but not limited to, dissemination of denial of service attacks.) We will make reasonable efforts to plan the Planned Downtime during weekends and other non-peak hours.

User's Obligations and Restrictions

7.1. User Login: Subject to any limitation on the number of users available under the service plan you subscribe to, access to and use of the Services is limited to a certain number of users permitted under your subscription. Each user must be identified using unique login information such as username and password (“User Login”). Such User Logins are used by only one person. You are solely responsible for the confidentiality of Service data and User Login. Therefore, you should not share your User Login information with third parties. In any event, you are responsible for all activities that occur under your account, unless you notify us of any unauthorized use or suspicious activity in your account and we do not take action within a reasonable time period at our discretion. Desk360 or it’s affiliates shall not be liable for any loss or damage that may result from failure to protect your User Login information, including your password.

7.2. Use of the Services

Desk360 reserves the right suspend or terminate your use of the service without prior notice if you act contrary to the prohibitions, your obligations or any terms set forth in these Terms of Service including but not limited to the following:

You are solely responsible for ensuring that your use of the Services including but not limited to storing and transmiting service data complies with all applicable laws and regulations. Any information and content that you may share with Desk360 as a user of the services shall not violate any applicable laws. This information and content will not harm the services.

You may not commercially use the Services or content unless otherwise agreed in writing with us. You may not use services or content without our permission. You agree not to dispute the rights of Desk360 or to claim any rights in the content provided by other users (the only exception being those expressly granted under these Terms). You agree to use the content only within the framework expressly stated in these terms.

You may not prevent Services from regularly running, route Desk360 traffic, follow other fake or misleading practices, create a parallel store of them, use our services, information and content to compete with us.

It is strictly prohibited to make any information contained in the services inaccessible, including any content and any information that is accessible through any third party services. You may not use the Services or the content in any manner that is unlawful, harmful, acceptable to attack by other users or third parties. You agree that you will not abuse the Services or content in an unauthorized manner, including, but not limited to, unauthorized access to or intrusion into network capacity. You also agree to use our Services or its content in a manner that will not harm any other party's harassment, abuse, secretly monitoring, threatening, slander, or otherwise in any case. You agree that Desk360 shall not be liable in any way for any harassing, threatening, defamatory, insulting, or illegal content that you may receive for such use. You agree that if you use the services or content in any prohibited manner, despite the other solutions available on Desk360, this use is a significant violation of these terms, and that Desk360 may stop or terminate your use of the service without prior notice.

You cannot copy, decompile, reverse engineer, disassemble, change, access, create or modify Desk360 source code in any way, create derivative works of Desk360 software applications, updates, or any part thereof. (I) The prohibition of the aforementioned restrictions by applicable laws; (II) their consent to a certain level in accordance with these Terms of Service; and (III) the license terms governing the use of any open source component included in Desk360 software application constitute exceptions to the foregoing restrictions.

You are not entitled to use Desk360's name, trademarks, or other trade symbols. Desk360 owns all rights not expressly granted to you under these terms.

7.3.1. When using the Platform and Services, you must not:

Use the Platform or Services in violation of any local, federal, national, or international laws;

Engage in illegal activities such as gambling, fraud, money laundering, or terrorism using the Services or content;

Disrupt, adversely affect, or obstruct the Services or other users' access to the Services;

Use the Services or content for commercial purposes or to develop third-party applications;

Copy, decompile, disassemble, or reverse engineer any software part of the Desk360, content, or Services;

Use spiders, robots, cheat utilities, scrapers, offline readers, unauthorized scripts, or harmful software like viruses or Trojan horses;

Interfere with or disable Service features, or create undue traffic or burden on the Platform or networks;

Systematically retrieve content or data from the Platform to create a collection, compilation, database, or directory;

Disclose private information related to the Platform, Services, or Company to third parties;

Falsify or delete copyright management information or proprietary designations of software or materials contained in the Platform.

Any prohibited use of the Desk360 and Services may result in legal and contractual consequences, including effective immediately termination of your Services, deletion of your account, and compensation for damages.

Risk Disclosure

During some periods, access to our Services may be degraded or become unavailable. This could limit your ability to access your account or the Services, initiate or complete you work, and may result in delayed response times from our support team.
Desk360 may not always be entirely accurate, complete, or current, and may include technical inaccuracies or typographical errors.
Our Service depends on third-party service providers. If our agreements with these providers are terminated or disputed, if their terms or pricing change, if we violate or cannot comply with their terms, or if they lose market share, fall out of favor, or become unavailable for an extended period, your access to and use of the Services may be affected.
If you have a dispute with one or more users or providers, you release us from any claims, demands, and damages of any kind and nature, known and unknown, arising out of or in any way connected with such disputes. By agreeing to this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the scope of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
In case if any of our service providers change their pricing we may need to update our pricing in accordance with it. You accept not to object and continue.

Services and Web Site Changes

8.1. Services: We may update the Services from time to time. You may receive notifications about these upgrades, improvements, or updates (“Updates”). New or changed features added to, or modified by, services, or other updates, changes or improvements to the services are also subject to these Terms.

8.2. Web Sites: We may change the content on our websites at any time. However, please note that any content on our websites may be outdated at any time and we do not have to update it. We may terminate or modify any part of our websites that do not affect the Services without notifying you. Our Websites may contain links to websites, content, and resources provided by third parties (“Third Party Links”). These third-party links are subject to their terms and privacy policies and you agree that we have no control over these third-party links and that we are not responsible for your access or use of those third-party links and/or its legal consequences.

Other Services

Some other services are presented to you by “Market Place” like integrations, applications, and custom applications or through other forums where applications for integration with services are developed. These other services are subject to their respective terms and privacy policies, and you agree that we are not responsible for your use of these other services that you choose to activate and integrate with these other services. By activating other services, you acknowledge that we do not provide any warranty for the other services, and that we accept and are not responsible for any damage or loss that is allegedly caused or linked to any activity, access or use. You acknowledge and agree that we are not responsible for providing technical support for other services and we are not responsible for data hosting and data transfer practices followed by the providers of these other services. You should direct any comments, questions, complaints or feedback about these other services to the relevant developers or publishers as specified in the marketplace or other forums in this context.

10.Registered Rights

The Services are protected by copyright and international copyright treaties and other intellectual property laws and treaties. Desk360 and its licensors reserve ownership of the Services and all related intellectual property rights including but not limited to copyrights, trademarks, trade names, database rights, and patents. You are granted a limited right to use the Services subject to these Terms. However, no intellectual property rights shall be deemed to have been assigned or licensed to you.

11.Third Party Content

Desk360 Services may contain links to content provided by third party websites and services. The content, websites and services of these third parties may be subject to the terms of the third parties. Desk360 shall not be liable for damages resulting from the content, websites or services of such third parties.

12.Disclaimer of Warranties / Commitments

Desk360 makes no warranty/commitment or representation, express or implied, with respect to its Services, quality, performance, commercial fitness, or breach of any third party's rights to the extent permitted by applicable law. Services are provided "as is" and "as available," without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Desk360 does not warrant that the Services will be uninterrupted, error-free, or completely secure.

You acknowledge that the Services may not be available from time to time. Desk360 is not responsible for your failure to use the Services for any reason. Desk360 makes no warranties or representations that the Services are suitable for use in a particular location. You do so on your own initiative, as long as you choose to access and use the Services. You must comply with the applicable laws governing access and use of these Services.

13.Limits of Liability

According to applicable laws, you acknowledge that Desk360 shall not in any case be liable for any direct, indirect, special, incidental damages, and compensation claims arising out of the use or non-use of the content and/or Services. These include loss of profit, loss of data, and loss of brand value. In particular, Desk360 shall have no responsibility for any information stored or processed in the Services. This includes the cost of recovering this information. Desk360 will not be responsible for the validity, reliability, or accuracy of any content and information linked to and through the use of the Services. Your use of the content or information obtained through the use of the Services is at your discretion and at your own risk.

To the maximum extent permitted by law, Desk360 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (e) any changes in service provider pricing, terms or conditions;(g) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Desk360 has been informed of the possibility of such damage. Nothing in these Terms shall be excluded by law and shall not limit our liability for essential matters.

Indemnification

14.1. You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and costs) related to all third party claims, charges, and investigations, caused by; i. your failure to comply with our Terms, and Privacy Policy, including, without limitation, that anything you submit or contribute violate the rights of any third party or applicable laws; ii. any use or content you submit via our Services; iii. any activity in which you engage on or through the Services; iv any changes in service provider pricing, terms and conditions and Us to failiure to comply with this Agreement and v. any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any claim.

14.2. You agree to indemnify and hold Desk360, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content, data, or information you submit, contribute, post to or transmit to or through the Services and your use of or connection to same, your violation of the Terms of Use, or your violation of any rights of another person or entity.

15. Confidentiality

15.1. In case you choose a user identification code, password, or other information as part of our security procedures, or if it is provided to you, you must keep it confidential. You must not disclose to any third party. We may at any time, in our reasonable opinion, have the right to disable any user identification code or password if you fail to comply with the provisions of these Terms, as selected or assigned by you.

15.2. Confidentiality obligations: Each of us will protect the other's confidential information from unauthorized use, access or disclosure. Unless expressly permitted under these terms, each of us may use the other's confidential information only to exercise our own rights and to fulfill our obligations under these terms.

16. Data Confidentiality and Security

16.1. Security of Service Data: We take appropriate technical measures to protect the service data we process. The measures we take are designed to provide a level of security appropriate to the risk of processing your service data.

16.2. You agree that we may access or disclose information about your account, users or end users in order to comply with the law or to respond to legal requests and legal transactions; including the implementation of these conditions or other policies linked to services; in order to to protect the rights or property of group companies or our customers or partners; to protect personal security or to prevent violations of applicable laws or regulations. In addition, at our sole discretion, any behavior suspected by you of any fraudulent, abusive or illegal activity may be referred to the legal authorities.

17. Security in Interaction with Other Users

Desk360 is not responsible for the behavior of any user on or off the Services. The user agrees to be cautious with regard to their own safety in all interactions with other users.

The user is responsible by itself for interactions with other users. The user knows that Desk360 does not check criminal records or investigate their users' history. The Desk360 makes no representations, references or warranties regarding user behavior.

18. Responsibility for Interactions with End User

You are responsible for the content of the conversations and communication between the end user and you through the communication channels. Desk360 declares that it is not responsible for any conversation and communication content between you and the end user.

19. DESK360 Beta Use

We may provide certain services on our websites as closed or open beta services ("Beta Services") during the testing and evaluation process. You agree that we are the sole authority and decision-maker to determine the time required to test and evaluate beta services. You will not be obliged to obtain a subscription to use any paid service as a result of your subscription to any Beta Service. We reserve the right to terminate any of the Beta Services temporarily or permanently, at any time and from time to time without notice. We also reserve the right make Beta Services available for use for a subscription fee. (this may or may not be lower than the subscription fees payable for paid services).

20. Suspension and Termination of Agreement

20.1. Desk360 reserves the right to suspend or terminate your access to and use of your Account or Services immediately and without prior notice at its sole discretion. This includes, but is not limited to, situations involving breaches of these Terms, fraudulent activities, misuse of services, non-payment of Services or any actions that compromise the security or integrity of Desk360.

20.2. Desk360 may terminate this Agreement immediately if you: i. Engage in fraudulent activities or misuse the services, ii. Repeatedly violate these Terms after prior warnings, iii. Breach any part of this Agreement that we determine to be severe or irremediable.

20.3. Desk360 may suspend your access to the Services in if we suspect any illegal activities, violations of these Terms, or actions that may harm the integrity, security, or functionality of the Services. During the suspension, we will review the activities in question. If we determine that the issues are severe or cannot be resolved, we will proceed with termination.

21. Effect of Termination of Your Account:

21.1.Data Export: You can request all your service data before terminating your account. In any case, following termination of your account by us or you, the service data will be stored or deleted in a manner that applies to you, unless otherwise specified herein, or in any additional terms. Where service data is stored as described here, you may contact us during this storage period to export your service data. After deleting the service data, it cannot be recovered.

21.2.Refund: All fees and charges paid by you in connection with the use of Desk360 Services are non-refundable. This includes, but is not limited to, any subscription fees, one-time charges, or fees paid for additional features or services. By agreeing to these Terms, you acknowledge and agree that you are not entitled to any refunds or credits for any reason, including but not limited to, unused services, subscription cancellations, or dissatisfaction with the Services.

22. Transfer/Grant

Desk360 reserves the right to freely transfer the rights and obligations under these terms to any third party at its own discretion.

23. Additional Terms and Changes

Desk360 may change its Services at any time by adding or removing features or discontinuing services. Desk360 reserves the right to provide revised terms to the user at any time or to revise the revised terms in the services. The user will always be informed of any significant changes. It will also be given the option to cease its use of the Services. The revised terms shall become effective upon notification or publication to the user. If the user continues use the Services after this notification or publication, the user will be deemed to have accepted the revised Terms.

Modifying an existing functionality or releasing a new functionality. You acknowledge that additional conditions for such modified or new functionality may be displayed when an existing functionality is changed or a new functionality is published. If you continue to use such modified or new functionality, you may trust us for accepting such additional terms.

24. Legal reservations

Contact information that the user declares while signing up can be used for newsletter, marketing and advertising purposes.
Data security within the application is provided by the Application. However, the user is responsible for any unauthorized access or misuse, storage, reproduction, sale, copying, illegal use of user information, contact information and other content.
Any disputes that may arise between Desk360 and the user will be settled primarily by good faith negotiations. This Agreement shall be governed and construed in accordance with the laws of the Republic of Turkey. Conflicts arising from interpretation and enforcement of this Agreement shall be settled before Istanbul Caglayan Courts and Execution Offices.
Desk360 retains all rights, titles, and interests in and to the Services, including all updates, modifications, and derivative works. Nothing in these Terms shall be construed as granting you any rights to the intellectual property of Desk360, except as expressly provided herein.
By submitting content to the Services, you grant Desk360 a worldwide, non-exclusive, royalty-free license to use, modify, and display such content solely for the purpose of operating the Services. You represent and warrant that you have the necessary rights to grant this license.
Desk360 reserves the right to modify these Terms and any Policy at any time, without prior notice to you. It is your responsibility to review the Terms regularly to stay informed of any changes. By continuing to use the Services after any changes are made, you agree to be bound by the revised Terms. The most current version of the Terms will be available on our website, and any changes will become effective immediately upon posting.
In the event that any of our service providers alter their pricing, terms, or conditions, we may need to revise our pricing, terms, or conditions to reflect these changes. You unconditionally agree to accept such adjustments and continue using the Services without objection.

25. User Number and Deletion of Account

25.1. Updating the number of users: The account manager is given the authority to increase or decrease the number of users who have access to the service you have purchased. The service plan you have selected stipulates the amount of users who may use the Service. Any changes with regard to your chosen service plan will be reflected to the following month.

25.2. Deleting a user by account manager. You may delete a user from your account that you are the administrator of.

25.3. Closing and deletion of an account by the account manager. You may terminate an account for which you are an administrator subject to the Terms.You agree that such termination is unique to this Account only. The service data of a terminated account will be retained and deleted as specified in the Terms. The terminated account's user data is permanently deleted after it has been stored for 15 days.

26. Taxes

26.1. Applicable Taxes: You are responsible for paying taxes, communications surcharges (e.g., pass-through carrier fees), and costs, fines, or penalties that we incur relating to your use of our Services that will be charged to you. If we believe we have a legal obligation to do so, we will bill you for such taxes.

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