Terms of Service

1. Parties

The Service is provided by Clicksem: CLİCKSEM BİL.HİZ.İNTÜZEPAZ.VE TİC.LTD.ŞTİ. (ClickSEM Ltd.), Bağlarbaşı Mah. Sakarya Sk. No:35 İç Kapı No:42, 34844 Maltepe/İstanbul, Türkiye. The agency, restaurant or other business that uses the Service, and the people who use it on that business's behalf, are referred to as “you”.

The Service is intended only for businesses and professionals acting in their commercial or professional capacity. It is not offered to consumers. If you accept these terms on behalf of a business, you confirm that you have authority to bind it.

2. The Service

Clicksem Analytics is a multi-tenant reporting platform for agencies. It combines restaurants' Square or Toast sales data, product costs, expenses and Google Ads spend to show net profit.

3. Account security

You are responsible for keeping your login details confidential and for all activity under your account. We recommend keeping two-factor authentication enabled. Tell us immediately if you notice unauthorized access.

4. Fees

Fees, billing period and payment terms are set out in the separate agreement or order made with you. If there is no such agreement or order, the Service is provided free of charge. Unless stated otherwise, fees do not include taxes. If a payment is overdue, we may suspend access after notifying you. If we start charging for a Service that has been provided free of charge, we will give you at least 30 days' notice. You may close your account before the fees apply.

5. Authority over connected accounts

You confirm that you are authorized to access the Google Ads, Square and Toast accounts you connect and to have their data processed in the Service. Agencies confirm that they have obtained their clients' permission to connect the clients' accounts and to share reports with them.

If the data you bring into the Service contains personal data (for example, data about a restaurant's customers or staff), you are responsible for having a legal basis to process it and for giving the people concerned any required notices. You must comply with the Google, Square and Toast terms that apply to your accounts.

6. Your data and data processing

You keep all rights in the data you enter into or connect to the Service (“Customer Data”). You grant Clicksem only the rights needed to host, process and display Customer Data in order to provide, secure and support the Service. We do not sell Customer Data. We use Google user data only as described in our Privacy Policy and in line with the Google API Services User Data Policy, including the Limited Use requirements.

When Clicksem processes personal data on your behalf, it acts as your processor. That processing is governed by the terms in your agreement with us or in a data processing agreement (DPA) that we will sign on request. If there is no such agreement, these terms and the Privacy Policy apply. When a connection is removed or an account is closed, your data is deleted or anonymized within 90 days at the latest. Deletion requests are fulfilled within 30 days at the latest. Details are in the Privacy Policy.

7. Intellectual property

The Service, its software, design and content, and the Clicksem name and logo belong to Clicksem or its licensors. As long as you comply with these terms (and pay any fees due), we grant you a limited, non-exclusive, non-transferable and revocable right to use the Service during the term for your internal business purposes, which for agencies includes serving your clients. We may use any feedback you give us without obligation to you.

8. Confidentiality

Each party will keep confidential the non-public information it receives from the other in connection with the Service, use it only for the purposes of these terms, and protect it with at least reasonable care. This obligation does not cover information that: is or becomes public without a breach; the receiving party already knew lawfully; is developed independently; or must be disclosed by law. Where disclosure is required by law, the other party will be notified in advance where this is allowed.

9. Nature of reports

Reports are for information only. Profit figures are based on data you enter and data received from third parties, and we do not guarantee its accuracy. Reports are not accounting, tax or legal advice. Currency conversions use the Central Bank of the Republic of Türkiye (TCMB) bulletin rates.

10. Acceptable use

You may not use the Service to:

• break the law,
• access accounts or data you are not authorized to access,
• circumvent its security, reverse engineer it, place an excessive load on it or upload malicious code,
• breach the Google, Square or Toast terms,
• enter special categories of personal data or payment card numbers,
• resell the Service or its data to third parties without permission.

11. Suspension and termination

We may suspend or close your account if you materially breach these terms, if the law requires it, or to prevent a security risk. Where possible, we will notify you in advance and give you time to fix the breach. You may close your account at any time. Before closing it, you can export your data. When an account is closed, its data is deleted or anonymized within 90 days at the latest, except records the law requires us to keep (see the Privacy Policy). Provisions that by their nature should survive termination (intellectual property, confidentiality, liability, indemnity, governing law) remain in force.

12. Disclaimer of warranties

To the extent permitted by law, the Service is provided “as is” and “as available”. We do not warrant that it will be uninterrupted or error-free, or that reports will be fit for a particular purpose. Third-party data (Google, Square, Toast, TCMB) may be delayed, incomplete or changed by its providers.

13. Limitation of liability

Nothing in these terms limits or excludes Clicksem's liability for damage caused by intent or gross negligence, for death or personal injury, or for any other liability that cannot be limited under applicable law, including Article 115 of the Turkish Code of Obligations No. 6098.

Subject to these exceptions, Clicksem is not liable for indirect damages, lost profits or revenue, or outages and errors in third-party services outside its reasonable control.

Subject to these exceptions, our total liability arising from these terms or the Service is limited to the amount you paid for the Service under the relevant agreement in the 12 months before the event giving rise to the claim.

14. Indemnity

You will indemnify Clicksem against losses, reasonable legal costs and third-party claims arising from: (a) data you connect or enter without the necessary authority or legal basis; (b) your breach of these terms or of the Google, Square or Toast terms; or (c) your unlawful use of the Service. We will notify you of any such claim promptly and allow you to take part in its defense.

15. Third-party services

Google, Square and Toast services are subject to their own terms. Clicksem is not affiliated with or endorsed by these companies. Their names are used only to identify the respective services. Changes these providers make to their APIs may affect the Service.

16. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, war, epidemics, acts of authorities, widespread internet or power outages, or outages of third-party platforms. This does not remove payment obligations that are already due.

17. Governing law

These terms are governed by the laws of the Republic of Türkiye. The courts and enforcement offices of İstanbul Anadolu have jurisdiction over any dispute arising from these terms or the Service.

18. Changes

We may update these terms. The current version is always published on this page with its effective date. We will notify you of material changes by email or in the app at least 30 days before they take effect. For material changes that are to your disadvantage, we will ask for your acceptance in the app. If you do not agree, you can close your account before the change takes effect. For other changes, continuing to use the Service after the effective date means you accept the updated terms.

19. General

• Entire agreement: These terms, the Privacy Policy, any data processing agreement (DPA) and any order or agreement made with you form the entire agreement about the Service. If a term separately agreed with you in writing conflicts with these terms, that term applies.
• Severability: If any provision is invalid, the remaining provisions are not affected.
• Assignment: You may not transfer your rights under these terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets, with notice to you.
• Notices: We send notices to the email address on your account. You send notices to clicksem.net@gmail.com. Formal legal notices go to Bağlarbaşı Mah. Sakarya Sk. No:35 İç Kapı No:42, 34844 Maltepe/İstanbul, Türkiye.
• No waiver: Not exercising a right does not mean waiving it.
• Language: These terms are published in Turkish and English. If they conflict, the Turkish version prevails.

20. Contact

CLİCKSEM BİL.HİZ.İNTÜZEPAZ.VE TİC.LTD.ŞTİ. (ClickSEM Ltd.) · Bağlarbaşı Mah. Sakarya Sk. No:35 İç Kapı No:42, 34844 Maltepe/İstanbul, Türkiye · clicksem.net@gmail.com