Terms of Service

Who these terms are between

These Terms are an agreement between:

• Murat Gözel, trading as Atelye — a sole proprietorship (şahıs şirketi) established in Türkiye, at the registered address published in the operator identity block at the foot of this page and in full at /contact — referred to below as "we", "us" or "Atelye"; and
• you, the business that opens an account and uses the platform — referred to below as "you" or "your organisation".

Atelye is a trading name. There is no company called Atelye, and nothing in these Terms creates one or should be read as implying one. You are contracting with a named individual operating a sole proprietorship, and every obligation in this document is his.

They take effect when you open an account or first use the platform, whichever is earlier.

What is part of this agreement

These Terms incorporate, and you agree to, the following documents, each published on this site and each forming part of this agreement as if set out here in full:

• the Acceptable Use Policy — what may and may not be done with the platform;
• the Data Processing Addendum — how we process personal data on your instructions, including the transfer safeguards that apply;
• the Subprocessor list — the providers we use and our commitment to give you notice before that list changes.

The Privacy Policy describes how we handle personal data for which we are the controller. It is not part of this agreement, but it tells you what we do.

If there is a conflict, the Data Processing Addendum prevails over these Terms on data protection matters. On anything else, these Terms prevail.

Who may use Atelye

Atelye is offered to businesses only. You may open an account if you are a company, another form of organisation, or an individual acting in the course of your trade, business, craft or profession. You may not open an account as a consumer or for personal or household purposes, and consumer-protection regimes — including Turkish distance-selling rules and EU consumer law — do not apply to this agreement.

The person who opens the account must be at least 16 years old and must have authority to bind your organisation.

This restriction is about you, our customer. It says nothing about your customers, who may well be consumers and whose rights are protected by law and by you — see Your responsibilities.

What Atelye is

Atelye is a multi-tenant platform that a business uses to run, in one place:

• Content — structured content types, entries, media and their delivery;
• Commerce — catalogue, orders, invoicing, inventory and business accounts;
• Inbound customer conversations — receiving messages customers send you on connected messaging channels, drafting replies with AI assistance, and sending the replies your staff approve.

Some things about the messaging features are worth stating in the contract rather than leaving to be discovered:

• They work only on channels you connect, using access you authorise through the messaging platform's own consent screens. We do not obtain access to your accounts any other way.
• They are inbound and reactive. The platform replies to people who message you, inside the reply windows the messaging platforms allow. It does not do cold outreach, bulk marketing or broadcast, and it will not be made to.
• Every AI-drafted reply is reviewed and approved by one of your people before it is sent. The platform drafts; a person decides.
• Connecting a channel depends on approvals from the messaging platform itself, which is outside our control.

We may improve and change the platform. If a change removes a material capability you rely on, we will tell you before it happens — see Changes.

Your account and your staff

You are responsible for your account: for the accuracy of the details you give us, for who you invite into it, for the roles and permissions you give them, and for everything done through it.

Tell us promptly at support@atelye.net if you believe someone has gained access to your account who should not have it.

We sign your staff in with one-time codes sent to their email address or phone number. Keep those details current — a stale address is how a person loses access to your account.

Acceptable use

Your use of the platform is subject to the Acceptable Use Policy. It is short, it is written in plain language, and breaching it is a breach of this agreement.

It matters most on the messaging channels. Those platforms impose their own rules on how businesses may message people, and if you break them the consequence lands on your channel and on our application. The Acceptable Use Policy passes those rules through to you so that a platform-policy breach is also a contract breach, and gives us a proportionate way to respond before either of us loses access to a channel.

Your responsibilities

For the personal data you put into the platform and the personal data of the people who message you, you are the controller and we are your processor. That allocation is not a formality; it carries real obligations, and they are yours:

• Have a lawful basis for the processing you instruct us to carry out, and be able to show it.
• Tell people what you are doing. Your own privacy notice must cover the fact that you use a processor, what it does, and where their data goes. We publish a short, copy-pasteable disclosure block in the Data Processing Addendum so that you do not have to write it from scratch.
• Answer your own customers. If someone asks you for access to their data, or asks you to correct or delete it, that request is yours to decide. We will help you carry it out. We will not make the decision for you, and we are not permitted to.
• Keep your messaging lawful. You are responsible for the lawfulness of what you send, for every consent or permission your messaging requires, and for complying with the rules of every messaging platform you connect.
• Do not put special-category data through the conversation surface. Health, biometric, religious, political and similar data is out of scope for that surface, and sending it there breaches the Acceptable Use Policy.
• Check what you send. AI-drafted replies are drafts. Your staff approve them, and what leaves the platform is your message to your customer.

Our responsibilities for your data

We process personal data on your behalf only on your documented instructions, on the terms of the Data Processing Addendum. That document carries the Article 28 processor terms, our security commitments, our subprocessor commitments and the transfer safeguards.

We commit to giving you 30 days' notice before we add or replace a subprocessor that processes personal data, at the contact address on your account, with an opportunity to object.

Fees

Where we have agreed fees with you in writing, you pay them as agreed. Unless we have agreed otherwise, fees exclude taxes, and you are responsible for any tax that applies to you.

Where no fee has been agreed, the platform is provided to you at no charge. That does not make this agreement any less binding: it is a contract, and both of us are held to it. It is also why the liability cap below carries a floor — a cap expressed only as a share of fees would come to nothing when the fees are nothing.

We will not introduce a charge for a service you are already using without giving you at least 30 days' notice, and you may terminate before it takes effect.

Availability and support

We aim to keep the platform available continuously and we take reasonable steps to do so. We do not offer a service level agreement, and we do not promise uninterrupted or error-free operation. Where maintenance is planned and likely to interrupt you, we will give you notice where it is reasonably practicable.

Support is by email at support@atelye.net. We do not commit to a support response time. We do commit to the response times in the Privacy Policy for data protection requests, and to the erasure timelines published there.

Suspension

We may suspend your account, or a part of it, where:

• you are in material breach of these Terms or the Acceptable Use Policy;
• your use is causing, or is about to cause, a security risk, a legal risk, or a risk to another customer or to our access to a messaging platform;
• a messaging platform requires it; or
• we are required to by law.

Suspension is a step, not a punishment. Except where the risk is immediate, or where the law or a messaging platform gives us no choice, we will tell you first, tell you what the problem is, and give you a reasonable opportunity to fix it. We will limit a suspension to what the problem requires, and we will lift it when the problem is resolved.

Suspension does not delete anything.

Term and termination

This agreement runs until one of us ends it.

• You may terminate at any time, for any reason, by telling us in writing.
• We may terminate on 30 days' written notice, for any reason.
• Either of us may terminate immediately if the other is in material breach and has not fixed it within 30 days of being asked to, or becomes insolvent or subject to equivalent proceedings.
• We may terminate immediately where the law or a messaging platform requires it, or where your use presents a serious and immediate risk we cannot address by suspension.

Termination does not relieve either of us of an obligation accrued before it. The sections on Your responsibilities, Confidentiality, Liability, Governing law, and any other section that by its nature should survive, do survive.

Getting your data out

For 30 days after termination, you may ask us for an export of your data and we will provide it in a machine-readable format, at no charge. Ask at support@atelye.net.

After that period — or sooner if you ask us to — we delete or anonymise your data in line with the Data Processing Addendum and the Privacy Policy. What survives is the content-free record described in the Privacy Policy under Requesting data deletion, and copies inside our backup retention window, which age out on their own schedule.

If you instruct us to delete your data earlier, we do it. Your instruction as controller always takes priority over any default retention period we publish.

Confidentiality

Each of us may learn things about the other that are not public. Each of us agrees to use the other's confidential information only to perform this agreement, to protect it with at least reasonable care, and not to disclose it except to people who need it and are bound to keep it confidential.

This does not apply to information that is public through no fault of the receiving party, was already known to it, or is independently developed by it. Either of us may disclose the other's confidential information where the law requires it, telling the other first where we lawfully can.

Intellectual property

You keep every right in the content, data and materials you put into the platform. You grant us the licence we need to host, process, transmit and display them in order to provide the service to you, and for no other purpose.

We keep every right in the platform — the software, the interfaces, the documentation and the Atelye name. Nothing here transfers any of it to you. You may not copy, reverse-engineer or resell the platform, or use it to build a competing product.

Feedback you give us, we may use freely. It does not make you an owner of anything we build with it, and we will not identify you as its source without your agreement.

Warranties, and what we do not promise

We will provide the platform with reasonable skill and care.

We do not promise that the platform will be uninterrupted, error-free or free of every vulnerability, or that it will meet a requirement you have not agreed with us in writing.

We specifically do not promise that an AI-generated draft will be accurate, complete, lawful or suitable for what you want to do with it. Generative models make mistakes and state them confidently. That is exactly why the platform requires a person to review and approve every draft before it is sent, and why the message that reaches your customer is your message.

Except as stated in this section and as required by law, all warranties, conditions and terms implied by statute or otherwise are excluded to the extent the law allows.

Liability

This section allocates risk between you and us. It is the most commercially significant part of these Terms, and it is written to be read rather than skipped.

Neither of us is liable for indirect loss

Neither party is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of business or of a business opportunity, loss of goodwill or reputation, or for any indirect or consequential loss — however it arises, and whether or not it was foreseeable.

This carries more weight here than in most agreements. When an AI-assisted reply causes harm, the harm is almost always of exactly this kind: an output was relied on and something downstream went wrong. Allocating that in advance is better for both of us than arguing about it afterwards.

The cap on everything else

Each party's total aggregate liability to the other under or in connection with this agreement — for all claims taken together, not for each claim — is limited to the greater of:

• the total fees you paid us in the 12 months immediately before the event giving rise to the claim; and
• USD 1,000.

The cap is mutual. It applies to what you may owe us on the same terms as it applies to what we may owe you.

The floor is there for a reason: the platform may be provided to you at no charge, in which case the first figure is zero, and a cap expressed only as a share of fees would leave you with no remedy at all. A cap that protects only one side is not an allocation of risk; it is an evasion of it.

What the cap does not cover

Nothing in this section limits or excludes either party's liability for:

• fraud or fraudulent misrepresentation;
• wilful misconduct;
• gross negligence;
• breach of the Confidentiality section;
• breach of a party's data protection obligations, including under the Data Processing Addendum;
• the indemnities in the Indemnities section;
• death or personal injury caused by negligence; or
• any other liability that the applicable law does not permit to be limited or excluded.

These are not decoration. Under Turkish law an agreement that excludes liability for gross fault in advance is not given effect, so a clause that tried to exclude it would fail — and might take more of the section with it than we intended. We have written the carve-outs to say what the law already requires rather than to imply otherwise.

What this section cannot do

Two limits on the limits, stated plainly so that nothing above misleads you:

• It binds only you and us. A person whose personal data either of us processes has their own direct claim under Article 82 GDPR and under other applicable law. Nothing in this agreement caps, excludes or affects that claim, and nothing in it has any effect whatever on a supervisory authority's powers, including its power to impose administrative fines. This section governs disputes between you and us and nothing else.
• It does not make an unenforceable exclusion enforceable. If any part of this section is held unenforceable, the rest of it continues to apply.

Indemnities

You will indemnify us against claims brought by a third party, and the reasonable costs of defending them, arising from your content, from your use of the platform in breach of this agreement or the Acceptable Use Policy, or from a message sent from your account.

We will indemnify you against a claim by a third party that the platform itself, used as we intended and in accordance with this agreement, infringes that third party's intellectual property rights. If such a claim is made or looks likely, we may — at our own cost and at our option — modify the platform so that it no longer infringes, obtain the right for you to continue using it, or, if neither is reasonably achievable, terminate the affected part of the service and refund any fees you have paid for it in advance. This indemnity does not apply where the claim arises from your content, from your use of the platform in breach of this agreement, or from a combination of the platform with something we did not supply.

For any indemnity: the party seeking it must tell the other promptly, must not admit liability, and must let the other conduct the defence and any settlement, with reasonable assistance.

Changes

To these documents. If we make a material change to these Terms, the Acceptable Use Policy, the Data Processing Addendum or the subprocessor list, we will publish the new version with a new version number and a new effective date, keep the version it replaces published in our archive — every document and its superseded versions are listed on the legal documents index — and notify you at your registered contact address at least 30 days before it takes effect. If you do not accept a material change, you may terminate before it takes effect, without charge. Continuing to use the platform after it takes effect means you accept it.

Corrections that do not change meaning — a typo, a broken link, a formatting fix — do not get a new version and do not require notice.

To the platform. We may change the platform as it develops. Where a change removes a material capability you rely on, we will give you at least 30 days' notice, and you may terminate before it takes effect.

Governing law and where disputes are heard

This agreement, and any dispute or claim arising out of or in connection with it — including non-contractual ones — is governed by the laws of the Republic of Türkiye.

The Kocaeli Courts and Enforcement Offices have exclusive jurisdiction over any such dispute. That is the place where the business named at the top of this document is registered.

One thing this clause does not do, and it is important enough to say rather than leave to be inferred: choosing Turkish law and a Turkish forum does not displace the GDPR. Where the GDPR applies, a data subject's rights under it and the jurisdiction of their supervisory authority are unaffected by anything in this agreement. This clause governs the commercial relationship between you and us. It does not, and cannot, govern anyone else's rights.

Before starting proceedings, each of us agrees to raise the matter with the other in writing and to try in good faith to resolve it for 30 days. This does not stop either of us from seeking urgent interim relief.

Notices

Notices to us go to legal@atelye.net, and for anything urgent also to support@atelye.net.

Notices to you go to the contact address registered on your account, and to the people in your account with an administrative role. Keep that address current — a notice sent to a stale address is still a notice given.

General

• Entire agreement. These Terms and the documents they incorporate are the whole of what is agreed between us on this subject, and replace anything said or written beforehand. Neither of us relies on any statement not set out in them. This does not limit liability for fraud.
• Severability. If any provision is held invalid or unenforceable, it is limited or removed to the smallest extent necessary and everything else continues in force.
• No waiver. Not enforcing a right on one occasion does not waive it.
• Assignment. You may not assign this agreement without our written consent, which we will not unreasonably withhold. We may assign it to a successor to the business, on notice to you.
• No partnership. Nothing here creates a partnership, an agency, an employment relationship or a joint venture between us.
• Force majeure. Neither of us is liable for a failure caused by something genuinely outside our reasonable control, for as long as it lasts. This does not excuse a failure to pay.
• Third parties. Nobody other than you and us acquires a right to enforce this agreement.
• Language. The English text of these Terms governs. A translation is provided for convenience.

Contact

• Contracts, notices and legal matters — legal@atelye.net
• Support and account matters — support@atelye.net
• Personal data — privacy@atelye.net
• Security vulnerabilities — security@atelye.net

Our legal name, registered address, phone number and country of establishment are in the operator identity block at the foot of this page, and in full at /contact.