These terms apply to the use of the merter.app panel, its automations and the public store showrooms. The business using the service is responsible for its own account and for the content it publishes.
Parties and formation of the agreement
The parties to this agreement are the service provider identified above and the business that opens an account on merter.app. The person opening the account confirms that they are authorised to act for the business and to accept these terms on its behalf.
The agreement is concluded electronically when an account is opened on merter.app; the business opening the account is deemed to have accepted these terms, and no signed paper copy is required. The current text of the terms is published on this page and is accessible before an account is opened.
Definitions
- Panel — the merter.app interface where the business manages its messages, product archive and settings.
- Bot — the automatic reply layer that answers customer messages on the connected messaging accounts and sends the requested category and product photos.
- Automation — a rule the business switches on or off from the panel that then runs by itself in response to a given situation; welcome messages, catalogue delivery and broadcast sending are examples.
- Showroom — the optional public page a business can publish, on which its products are visible to everyone.
- Tenant — a business with its own account, its own users and its own data in the panel. In this text it means the same as “the business”.
- End user — a customer who writes to the tenant. The end user is the tenant’s customer, not a customer of merter.app.
- Subscription — the plan that gives access to the panel and the automations. It starts with a free trial period for which no card details are asked, and continues afterwards as a paid plan that renews periodically.
Scope of the service
merter.app provides tools to manage messages in a single panel, to deliver catalogues and product photos, to run the automations the business selects, and to optionally publish a public showroom. Broadcast messaging and the management of Meta and Google campaigns through the ad accounts the business connects are handled from the same panel.
Account security
Users are responsible for keeping their account credentials confidential and for monitoring the activity carried out under their account. If unauthorised use is suspected, the merter.app team must be notified.
Acceptable use
What the service may be used for, what is prohibited and the limits that follow from the messaging platforms’ own rules are set out in the Acceptable Use Policy. That policy forms an integral part of this agreement.
Breaching the policy is a ground for suspension and termination. Whether a warning is sent, the period allowed to put things right and how termination works are set out in one place, in “Suspension and termination” below; the urgent cases in which an account is suspended without a warning are listed there as well.
Content and legal compliance
The business confirms that the photos, text, prices and contact details it uploads are accurate, current and fit for publication. Content that infringes third-party rights, breaks the law or conflicts with platform rules may not be published.
Personal data
For the personal data of end users, the tenant is the data controller; the service provider is a processor that handles this data only on the tenant’s instructions and only in order to provide the service. Which data is processed for which purpose, the sub-processors used, the security measures and the deletion terms are set out in the Data Processing Addendum. That addendum forms an integral part of this agreement.
The tenant is responsible for obtaining the permissions needed to message its customers, for the lawfulness of the data it brings into the panel, and for complying with the applicable rules when sending broadcasts.
For the tenant’s own account details the data controller is the service provider identified above; that processing is explained on the Privacy Policy page.
Intellectual property
The merter.app software, its source code, interface design, brand and logo belong to the service provider. A subscription grants the right to use the software for the term of the subscription; it does not grant any right to copy, reproduce, reverse engineer or create derivative works.
The product photos, texts and prices the tenant uploads to the panel, together with the customer records created in its account, belong to the tenant. The service provider is granted only the limited licence needed to provide the service: to store the content, resize it for display, deliver it to customers through the channels the tenant has connected, and show it in the showroom if the tenant has published one. That licence ends when the content is deleted or the account is closed; the content is not used for any other purpose.
Third-party services
WhatsApp, Instagram, Telegram and the advertising platforms are subject to their own rules and charges. Outages, policy changes or price changes on those platforms are outside merter.app’s control.
Service continuity
Reasonable care is taken to keep the service running securely and without interruption. Temporary outages may still occur due to maintenance, security work or third-party platforms.
Subscription and payment
Pricing, renewal, cancellation and refund terms are set out in a separate document: Subscriptions, Billing and Refunds.
Limitation of liability
The service is provided “as is”. No particular increase in sales, message delivery rate or uninterrupted operation is guaranteed.
The service provider is not liable for indirect damages such as loss of profit, loss of reputation, business interruption or data loss, nor for damages arising from outages, account restrictions, policy changes or price changes on WhatsApp, Instagram, Telegram and the advertising platforms.
In any event, the service provider’s total liability under this agreement may not exceed the subscription fees collected from that tenant in the 12 months before the claim arose. This limit does not apply to intent and gross negligence, or to liability that cannot be limited by law.
Force majeure
Events outside the parties’ control — natural disaster, fire, war, epidemic, strike, cyber attack, general failures of the electricity or internet infrastructure, a hosting or messaging platform provider discontinuing its service, and changes in legislation — are force majeure.
Neither party is liable for obligations it cannot meet while a force majeure event lasts; the situation is reported to the account e-mail as soon as possible. If a force majeure event lasts longer than 30 days, either party may terminate the agreement.
Suspension and termination
The tenant may cancel its subscription from the panel at any time, with no notice period. When the cancellation takes effect and what happens to the period already paid for are set out in Subscriptions, Billing and Refunds.
The service provider may suspend the account or terminate the agreement in the following cases:
- the subscription fee is not paid,
- the Acceptable Use Policy is breached,
- a court decision, legislation or a connected platform’s rule makes the service impossible to continue.
In non-urgent cases a warning is sent to the account e-mail first and a reasonable period — normally 7 days — is given to put things right; if it is not resolved within that period, the account is suspended. In urgent cases — spam, unlawful content, use that infringes the rights of third parties or harms them, and security threats — suspension is applied without prior warning and the reason is given afterwards.
If the reason for the suspension is not resolved within 30 days, the agreement is terminated and the account is closed; the termination and its reason are notified to the account e-mail. If the reason is resolved within that period, the account is reopened.
While an account is suspended, message delivery and automations stop, and the tenant’s data is not deleted. On termination, closing the account and deleting the data follow the procedure on the Data Deletion page.
Assignment
The tenant may not transfer its rights and obligations under this agreement without the written consent of the service provider; selling or handing the account over to another business is covered by this as well.
The service provider may assign this agreement if the service as a whole is transferred to a company or another business. The tenant is informed at its account e-mail before such a transfer; a tenant that does not accept it may cancel its subscription.
Governing law
This agreement is governed by Turkish law. The Istanbul (Çağlayan) Courts and Enforcement Offices have jurisdiction over disputes arising from it. Where the tenant qualifies as a consumer, the remedies provided by consumer legislation remain available.
Changes, versioning and contact
These terms may be updated as the service evolves. The current text is always published on this page.
Every document carries a version number and an effective date, both shown at the top of the page. When a change affects the tenant’s obligations, the pricing or the processing of data, the version number is raised and the current text is published on this page. A tenant that does not wish to accept the current text may cancel its subscription at any time. Changes that do not alter the meaning, such as fixing a typo, do not require a new version.
For questions, write to [email protected].