Terms of Service

1. Definitions

"Commap", "we", "us", "our": Commap, the company described above.

"Customer": The organisation that subscribes to or otherwise contracts for the Service.

"User": An individual authorised by a Customer to access the Service.

"Order": A signed order form, statement of work, online checkout or other written commitment under which the Customer subscribes to the Service.

"Service-Processed Data": Data processed through the Service on behalf of the Customer pursuant to monitoring parameters defined by the Customer, derived from publicly available digital sources.

"Documentation": Online documentation describing the Service, as updated from time to time.

2. Acceptance, Scope and Hierarchy

These Terms apply to visitors of our website, individuals who interact with us through demo requests, and Customers and Users of the Service.

Where a Customer has signed a separate master agreement, order form or Data Processing Addendum ("DPA") with us, that agreement governs and these Terms apply only to the extent not in conflict.

We may update these Terms from time to time. Material changes are effective upon notice (in-product or by email) and continued use of the Service constitutes acceptance.

3. Description of the Service

Commap is an AI-assisted corporate intelligence and digital perception platform. It surfaces insights, analytics, scoring and operational recommendations through dashboards, reports and APIs.

Service-Processed Data is derived solely from publicly available digital information, accessed through a licensed and contractually governed acquisition network operating in accordance with the terms of the underlying sources and applicable law. Closed, password-protected, authenticated-only or otherwise non-public spaces are not accessed.

The functional scope, modules, data sources and metric set available to a Customer are determined by the Order. We reserve the right to evolve, improve and modify the Service over time.

The Service's operational architecture, source list, models and methodologies are confidential and proprietary trade secrets of Commap.

4. Customer Accounts and User Responsibilities

Customer is responsible for ensuring registration, billing and account information is accurate, current and complete.

Customer is responsible for the security of User credentials, the actions taken under those credentials and prompt notification of any suspected unauthorised use.

Customer and its Users must not use the Service in any unlawful manner; to infringe third-party rights; in violation of any applicable export, sanctions or anti-corruption law; to upload malicious code; to attempt unauthorised access, reverse engineering or scraping; or to mislead, defraud or harm third parties.

API outputs and Service deliverables may not be redistributed, resold or used outside the scope of the Customer's licence without our prior written consent.

5. Customer Data and Privacy

For data processed through the Service pursuant to Customer instructions, the Customer is the data controller (or equivalent) and Commap acts as a data processor (or service provider) under the DPA.

Customer represents and warrants that it has the necessary lawful basis, notices, consents and authority to instruct the processing it requests and that doing so will not violate applicable law or third-party rights. Customer agrees to indemnify Commap from any claim arising out of breach of this representation.

Detailed terms governing processing, including international transfers, sub-processors, security measures, data-subject assistance and breach notification, are set out in the DPA and our Privacy Policy.

6. Intellectual Property

The Service, including its software, design, content, methodology, scoring frameworks (such as Commap Rate) and analytical models, is owned by Commap and is protected by intellectual property and trade-secret laws.

Subject to compliance with these Terms and payment of applicable fees, we grant Customer a non-exclusive, non-transferable, non-sublicensable right during the term of the Order to access and use the Service for its internal business purposes.

Customer grants Commap a limited, non-exclusive, royalty-free licence to host, process, display and otherwise use Customer-provided content solely to deliver the Service.

Feedback voluntarily provided by Customer may be used by Commap on a perpetual, royalty-free basis, without attribution.

Customer must not (i) copy, modify or create derivative works of the Service, (ii) reverse engineer or attempt to derive source code, (iii) circumvent technical or licence limitations or (iv) use the Service to develop a competing service.

7. Fees, Payment and Taxes

Fees are set out in the applicable Order. Unless otherwise stated, fees are quoted exclusive of taxes, duties and similar charges, which are the responsibility of the Customer.

Invoices are payable within the period stated in the Order (default 30 days). Late payments may accrue interest at the maximum rate permitted by law.

Repeated non-payment or material default in payment entitles us to suspend access to the Service and to terminate the Order following written notice.

Except as expressly stated, all fees are non-refundable. Pre-paid fees for unused services may be refundable only where required by applicable consumer-protection law.

8. Service Levels, Maintenance and Modifications

Service availability commitments and credits, if any, are set out in the applicable Order.

We may perform scheduled maintenance and reasonable updates that may temporarily affect availability. Planned maintenance windows are notified where practicable.

We may modify features, interfaces and pricing over time. Material modifications that adversely affect existing Customers will be subject to reasonable advance notice.

9. Warranties and Disclaimers

Commap warrants that the Service will substantially conform to the Documentation. As remedy for breach of this warranty, Commap will use commercially reasonable efforts to correct the non-conformity or, if unable to do so within a reasonable period, refund the unused portion of pre-paid fees.

Except as expressly set out in these Terms, the Service is provided "as is" and "as available". To the maximum extent permitted by law, Commap disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy or completeness of analytical output.

Insights, scoring and recommendations are decision-support outputs. Final business, legal and operational decisions remain the responsibility of the Customer.

10. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, lost profits, lost revenue, lost data, loss of goodwill or business interruption arising out of or related to these Terms.

Each party's aggregate liability for any and all claims arising out of or relating to these Terms shall not exceed the total fees paid by the Customer to Commap for the Service in the twelve (12) months preceding the event giving rise to the claim.

The above limitations do not apply to: gross negligence or wilful misconduct; payment obligations; indemnification of intellectual-property infringement claims; or breach of confidentiality. They also do not apply where prohibited by applicable law.

11. Indemnification

Commap will defend and indemnify Customer against third-party claims that Customer's authorised use of the Service infringes a valid third-party intellectual-property right, subject to standard notice, control and cooperation requirements, and excluding combinations or modifications not provided by Commap.

Customer will defend and indemnify Commap against third-party claims arising out of Customer's data, instructions, breach of its representations under these Terms, or violation of applicable law.

12. Confidentiality

Each party will protect the other's Confidential Information with the same degree of care it uses for its own confidential information (and no less than reasonable care).

Confidential Information includes Commap's Service architecture, source lists, models, methodologies, roadmap, pricing and any non-public business information disclosed by either party.

Either party may disclose Confidential Information when required by law, provided that (where lawful) the other party is given prompt notice and the opportunity to seek protective measures.

13. Term and Termination

These Terms apply for as long as the Customer uses the Service or has an active Order in place.

Either party may terminate for the other's material breach not cured within seven (7) days following written notice.

Commap may suspend or terminate the Service immediately in response to (i) abuse, security risk, illegality or violation of third-party rights, (ii) non-payment that is not remedied or (iii) any event that we reasonably consider likely to compromise the Service or its users.

Upon termination, Customer access will cease. Commap will, on Customer request made within a reasonable period, make available for export the Customer Data in a commonly used format. Following the export window, data will be retained, deleted or anonymised in line with our Privacy Policy and applicable law.

14. Force Majeure

Neither party will be liable for failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, governmental action, labour disputes, pandemic, cyber incidents affecting third-party infrastructure and telecommunications failures, provided that the party affected uses reasonable efforts to mitigate the impact.

15. Notices

Notices to Commap must be sent in writing to: hello@commap.tr (with a copy to legal@commap.tr where applicable) and, for physical notices, to Commap, Biracılar Sok. No:3, Şişli / İstanbul, Türkiye.

Notices to Customer may be given by email to the address on file, by in-product notification or by other means consistent with applicable law.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Türkiye, without giving effect to its conflict-of-laws rules.

The parties will attempt in good faith to resolve any dispute first through escalation to senior management. Failing that, the courts and execution offices of Istanbul (Çağlayan) shall have exclusive jurisdiction, except where mandatory consumer-protection law provides otherwise for any individual residing in a relevant jurisdiction.

17. Miscellaneous

These Terms (together with any applicable Order, Documentation, DPA and Privacy Policy) constitute the entire agreement between the parties and supersede all prior agreements on the same subject.

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.

Failure to enforce a provision does not constitute a waiver.

Customer may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition or sale of substantially all assets.

18. Contact

For questions about these Terms, contact us at hello@commap.tr. For privacy or data-protection matters, contact privacy@commap.tr.