Terms of Service

1.Definitions

The following terms have the meanings given below.

• Service: the pellacrm.com marketing site, the Pella CRM web application, the mobile app, the API and the support services provided with them.
• Workspace: the isolated environment allocated to the Customer, reached through its own subdomain or the Customer's own domain.
• Authorised User: a person the Customer grants access to the Workspace.
• Customer Data: any data or content entered into, uploaded to, or generated through the Service by Authorised Users.
• Subscription Term: the period set out in the order form or plan selection that the fee corresponds to.
• Plan: the subscription tier determining which modules and how many users the Customer may access.

2.Accounts and the Workspace

Using the Service requires a Workspace, created under an address derived from the trade name the Customer provides.

The Customer warrants that the information given at sign-up is accurate, current and complete, and undertakes to keep it up to date.

Authorised User accounts are personal and may not be shared. The Customer is responsible for its Authorised Users complying with these Terms and for keeping account credentials confidential.

The Customer must maintain at least one administrator user in the Workspace. Administrators can add users, define permissions, delete data and export it; the consequences of those actions belong to the Customer.

3.Scope of the right to use

For the Subscription Term, and provided fees are paid, Pella CRM grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to use the Service for its own internal business purposes.

The Service is delivered as software as a service. No source code, copy or installation package is delivered to the Customer, and no ownership of the software passes to the Customer.

The Customer may not reverse engineer, decompile, copy, rent, sublicense or provide the Service to third parties as a service bureau, nor build a derivative product from it.

4.Subscriptions, plans and user counts

The Service is provided within the modules and user limits of the chosen Plan. What each Plan includes is shown on the pricing page and in the order form.

If the user count is increased during a Subscription Term, the increase is invoiced pro rata for the remainder of the term. A decrease takes effect from the following Subscription Term.

Pella CRM may add modules and features, and may improve or change existing ones. Where a feature the Customer uses is materially restricted or removed, notice is given a reasonable time before the change takes effect.

5.Demos and trials

On request we may provide a demo environment or time-limited trial access. Its scope and duration are set by us and it may be ended with notice.

Data entered into a trial environment is deleted if the trial does not convert into a paid subscription. No service level commitment or warranty applies to trial use.

6.Fees, invoicing and taxes

Subscription fees are invoiced in advance for the chosen Plan and Subscription Term unless agreed otherwise.

Amounts shown on the pricing page exclude value added tax and other statutory charges unless expressly stated. Applicable taxes are passed on to the Customer.

Payment is due within the period stated on the invoice. Statutory default interest may be applied to amounts not paid when due.

Payments are processed through payment institutions. Pella CRM does not store card details.

If you believe an invoice is incorrect, please tell us within 14 days of its date; invoices not disputed within that period are deemed accepted.

7.Renewal and price changes

The subscription renews automatically for the same length of term unless either party gives written notice to the contrary at least 30 days before the end of the Subscription Term.

Price changes for a renewal term are notified at least 30 days before the renewal date. On receiving such a notice the Customer may decline renewal and end the subscription at the end of the term.

The fee agreed for a running Subscription Term is not increased unilaterally during that term.

8.Acceptable use

The Customer and its Authorised Users must use the Service in accordance with applicable law and these Terms. The following are prohibited.

• Using the Service for unlawful activity, or to store or distribute unlawful content.
• Uploading content that infringes third parties' intellectual property, personality or data protection rights.
• Sending unsolicited commercial electronic messages or using the Service as a bulk unsolicited messaging tool.
• Uploading files containing malware, viruses or malicious code.
• Attempting unauthorised access to the infrastructure, attempting to defeat security measures, or attempting to reach other customers' data.
• Placing unreasonable automated load on the Service, abusing system resources or attempting to circumvent rate limits.
• Using the Service with more users than allocated, sharing accounts, or otherwise circumventing Plan limits.
• Benchmarking or examining the Service for the purpose of developing a competing product.

Where a breach is established, the content concerned may be removed, user access may be restricted and, depending on the severity, the subscription may be suspended or terminated.

9.Customer Data and data processing

All rights in Customer Data belong to the Customer. Pella CRM acts on Customer Data only as far as delivering the Service requires and in accordance with the Customer's instructions.

For Customer Data containing personal data, the Customer is the controller and Pella CRM is the processor. The parties' obligations in that respect are set out in the Privacy Policy and in any separately signed data processing agreement.

The Customer warrants that it has a lawful basis for the personal data it enters into the Service, that it has met its transparency obligations and that it has obtained explicit consent where required.

Pella CRM does not expose Customer Data to other customers, does not sell it to third parties and does not use it to train artificial intelligence models.

Where resolving a support request requires access to your Workspace, that access happens only with your approval, for a limited period, and is logged.

10.Third-party integrations

The Service can integrate with third-party services such as email providers, calendars, notification delivery and calling infrastructure. Setting up an integration is the Customer's choice.

When you enable an integration you grant access to that service yourself, and that service's own terms and privacy policy apply.

Pella CRM is not liable where an integration stops working because the third-party service suffers an outage, changes its interface or is discontinued; we will make reasonable efforts to offer an alternative.

11.Calling and messaging

The Service includes internal messaging and voice and video calling. These are provided for business communication and are not a substitute for emergency calling services; in an emergency you must use the official emergency numbers.

Where calls are recorded, it is the Customer's responsibility to inform all participants in advance and to establish the necessary legal basis.

Call quality depends on your internet connection, your device and network conditions. Interruptions arising from those factors do not constitute a service outage.

12.Availability, maintenance and support

We make commercially reasonable efforts to keep the Service running without interruption or error. The system is monitored so that a component which goes down is brought back automatically.

Planned maintenance is carried out during low-traffic hours where possible, and work expected to cause a noticeable interruption is announced in advance. Urgent action, such as closing a security vulnerability, may be taken without prior notice.

Support is provided on business days during business hours by email and through the in-app support channel. Commitments on response and resolution times, and any availability commitment, are set out in the order form or an enterprise service level annex.

13.Shared responsibility for security

Pella CRM is responsible for security measures at the infrastructure and application level. Those measures are described in the security section of the Privacy Policy.

The Customer is responsible for security on its own side: defining user permissions correctly, removing access for departing staff, using strong passwords, enabling two-factor authentication and keeping devices secure.

If you believe your account has been accessed without authorisation, you must tell us without delay and end the affected user sessions.

14.Intellectual property

All intellectual property rights in the software, source code, interface design, trade marks, logos, imagery and text of the Service belong to Pella CRM or its licensors.

These Terms grant the Customer only the right to use the Service; nothing in them may be construed as a transfer of intellectual property.

Feedback and suggestions the Customer sends us about the Service may be used freely to improve the Service, without giving rise to any payment.

The Customer's name and logo may be used as a reference only with the Customer's prior written approval.

15.Confidentiality

Each party undertakes to keep confidential the trade secrets it learns in the course of the relationship, not to disclose them to third parties and to use them only for the purpose of that relationship.

The confidentiality obligation survives the end of the subscription for a reasonable period. Information that has become public or must be disclosed by law is outside its scope.

16.Suspension

Pella CRM may suspend access to the Service, in whole or in part, in the following cases.

• Fees not paid when due and still unpaid after a written reminder.
• Breach of the acceptable use rules.
• A situation threatening the integrity or security of the Service or other customers' use of it.
• A decision of a competent authority or an obligation arising from legislation.

Suspension is applied with prior notice and a reasonable period to cure wherever possible. Where suspension is for security reasons, notice may be given immediately afterwards. Customer Data is not deleted during a suspension.

17.Termination

The Customer may end the subscription with effect from the end of the Subscription Term by giving notice at least 30 days before it ends.

Either party may terminate for cause where the other materially breaches these Terms and fails to cure within 30 days of written notice.

If Pella CRM decides to discontinue the Service entirely, it will give at least 90 days' notice and refund the unused portion of any prepaid fee.

Notice of termination given mid-term by the Customer without cause does not relieve it of liability for the fees for the remainder of the term.

18.Return and deletion of data after termination

For 30 days after the subscription ends the Workspace remains accessible in read-only mode, during which you can export your data in standard formats.

At the end of that 30-day period Customer Data is permanently deleted, except for records legislation requires us to keep. Deleted data leaves the backups as the backup cycle completes.

On request, data can be deleted earlier; in that case exporting it beforehand is your responsibility.

19.Warranties and disclaimer

Pella CRM undertakes to provide the Service with professional care and skill and to make it perform its described functions in all material respects.

Otherwise, and to the fullest extent the law permits, the Service is provided “as is”. No warranty is given that it will run uninterrupted or entirely error-free, that it will produce a particular commercial result, or that it will meet the Customer's specific expectations.

Reports, payroll calculations, financial summaries and similar outputs generated in the Service are for information only and are not a substitute for accountancy, legal advice or an official filing. Verifying their accuracy is the Customer's responsibility.

20.Limitation of liability

Neither party is liable for indirect loss, loss of profit, indirect loss arising from loss of data, business interruption, or indirect loss arising from third-party claims.

Pella CRM's total liability under these Terms is in all cases limited to the subscription fees actually paid by the Customer in the twelve months preceding the event giving rise to the loss.

These limitations do not apply in cases of wilful misconduct, gross negligence, or liability that cannot be limited under applicable law.

The Customer is responsible for exercising due care in exporting the data it enters into the Service and keeping its own backups.

21.Indemnity

The Customer agrees to defend Pella CRM against, and to cover the loss arising from, claims brought against Pella CRM because the Customer used the Service in breach of these Terms or because Customer Data was unlawful or infringed third-party rights.

Pella CRM gives the same undertaking for claims brought against the Customer alleging that the Service infringes third parties' intellectual property rights. In that case it may, at its option, remedy the infringement, modify the Service so that it no longer infringes, or terminate and refund the unused fee.

22.Force majeure

Events beyond the parties' reasonable control — natural disaster, epidemic, war, terrorism, general strike, cyber attack, widespread failures of electricity or internet infrastructure, decisions of public authorities and the like — constitute force majeure.

Performance is suspended for the duration of a force majeure event. If it lasts more than 30 days, either party may terminate without compensation.

23.Changes to these Terms

These Terms may be updated as legislation and the Service change. The current version is always published on this page.

Material changes to the Customer's detriment are announced by email or in-app notice at least 30 days before they take effect. If you do not accept a change, you may end the subscription at the end of the term before that date.

Continuing to use the Service after such a notice means you accept the updated Terms.

24.Assignment

The Customer may not assign its rights and obligations under these Terms to third parties without Pella CRM's written consent.

Pella CRM may assign the agreement to its successor in a merger, demerger or transfer of business; the Customer is notified and its rights are preserved unchanged.

25.Notices

Notices from Pella CRM are validly given when sent to the email address registered on the Customer's account or displayed inside the application.

Notices from the Customer are sent to info@pellacrm.com.

A change to a party's notice address is not effective until notified to the other party in writing.

26.Use of the website

Product descriptions, screenshots and comparison tables on pellacrm.com are for information and do not by themselves constitute a binding offer. A binding offer is a written quotation or order form issued by us.

Product features may change as development continues, and imagery on the site may differ from the current interface.

Whoever completes the demo request form is responsible for the accuracy of the information in it. Data submitted through the form is processed as described in the Privacy Policy.

27.The mobile app and app store terms

The mobile app is distributed through the App Store and Google Play. Downloading and using it is also subject to the terms of the store concerned.

The app is not provided by Apple or Google; those companies are not responsible for its content, maintenance or support. Pella CRM is your counterparty for anything concerning the app.

Using the app requires a valid Pella CRM account, a Plan with mobile access enabled, and an internet connection. The app itself is free; charging happens through the subscription.

28.Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Türkiye.

The courts and enforcement offices of Istanbul have jurisdiction over disputes arising from these Terms. Where the Customer is a consumer, the jurisdiction of the consumer courts and consumer arbitration committees at the consumer's place of residence is reserved.

If any provision of these Terms is held invalid, the remaining provisions continue in force.

29.Effective date and contact

These Terms take effect on the last-updated date shown at the top of this page and become binding between the parties when the Service is first used.

For questions about these Terms, use the contact details below.

• Legal name: Pella CRM
• General enquiries: info@pellacrm.com
• Data protection requests: kvkk@pellacrm.com
• Security reports: guvenlik@pellacrm.com