Terms of Service
Last updated: March 14, 2026
1. Agreement to Terms
By accessing or using the services provided by Uptake Agency ("we", "us", "our"), including our CRM and marketing automation platforms, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services.
2. Description of Services
Uptake Agency provides digital marketing and CRM services, including:
- Customer relationship management (CRM) platforms for businesses
- Automated customer communication via the WhatsApp Business Platform
- Marketing campaign management and analytics
- Appointment scheduling and reminder systems
Our services are provided through web-based platforms and integrate with third-party services including Meta's WhatsApp Business API and Google's Gemini AI.
3. Eligibility
Our services are available to businesses and individuals who are at least 18 years old and have the legal capacity to enter into binding agreements. By using our services, you represent that you meet these requirements.
4. Account Responsibilities
As a user of our platform, you are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Ensuring that customer data you enter into the platform was lawfully collected with appropriate consent
- Obtaining valid opt-in consent from your customers before sending WhatsApp messages through our platform
- Complying with all applicable laws and regulations, including data protection laws (KVKK, GDPR)
5. Acceptable Use
You agree not to use our services to:
- Send unsolicited or spam messages
- Send messages without valid recipient consent
- Transmit content that is illegal, harmful, threatening, abusive, or harassing
- Violate Meta's WhatsApp Business Policy or Commerce Policy
- Collect or harvest personal data without proper authorization
- Attempt to gain unauthorized access to our systems or other users' accounts
- Use the platform for any purpose that violates applicable laws
6. WhatsApp Business Platform Compliance
Our services integrate with Meta's WhatsApp Business Platform. By using our services, you also agree to comply with:
Violation of these policies may result in suspension of your WhatsApp Business Account by Meta, for which Uptake Agency bears no responsibility.
7. Data Protection
We process personal data in accordance with our Privacy Policy. As a business using our platform, you act as the data controller for your customer data, and we act as the data processor. You are responsible for:
- Having a lawful basis for processing your customers' personal data
- Providing your customers with appropriate privacy notices
- Responding to data subject rights requests from your customers
- Ensuring compliance with KVKK and other applicable data protection regulations
8. Intellectual Property
All intellectual property rights in our platform, including software, design, and content, belong to Uptake Agency. You are granted a limited, non-exclusive, non-transferable license to use the platform for its intended purpose during your subscription period.
9. Service Availability
We strive to maintain high availability of our services but do not guarantee uninterrupted access. Our services depend on third-party platforms (Meta WhatsApp API, hosting infrastructure) that may experience downtime. We are not liable for service interruptions caused by third-party providers.
10. Limitation of Liability
To the maximum extent permitted by law, Uptake Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services, including but not limited to:
- Loss of revenue or business opportunities
- Message delivery failures caused by Meta/WhatsApp platform issues
- Actions taken by Meta against your WhatsApp Business Account
- Data loss caused by circumstances beyond our reasonable control
11. Termination
Either party may terminate the service relationship at any time. Upon termination:
- Your access to the platform will be revoked
- You may request export of your data within 30 days
- Your data will be deleted within 30 days after the export period, unless retention is required by law
We may suspend or terminate your account immediately if you violate these terms or applicable laws.
12. Governing Law
These terms are governed by the laws of the Republic of Turkey. Any disputes arising from these terms shall be resolved by the courts of Istanbul, Turkey.
13. Changes to These Terms
We may update these terms from time to time. We will notify active users of significant changes via email. Continued use of our services after changes constitutes acceptance of the updated terms.
14. Contact
For questions about these terms, contact us at:
Uptake Agency
Email: [email protected]
Website: https://uptakeagency.com