Terms of Service
1. Introduction and Acceptance These Terms of Service ("Terms") govern your access to and use of the Upon Shift platform, website, and all related services ("Service") operated by Çağrı Çiftçi ("Platform Owner", "we", "us", "our"). By creating an account on Upon Shift, using the Service, or clicking a button indicating your acceptance of these Terms, you acknowledge that you have read, understood, and agree to be legally bound by all provisions of this agreement. If you do not agree to the Terms, you must not use the Service.
2. Scope of Service and Artificial Intelligence (AI) Operations Upon Shift is a subscription-based SaaS (Software as a Service) platform that provides users with AI-powered chatbots, voice assistants, knowledge base management, and automated content creation tools.
- Multiple AI Providers: Rather than an independent closed system, Upon Shift operates integrated with leading global artificial intelligence platforms and Large Language Models (LLMs) such as OpenAI, Anthropic, Google, and similar providers. By using the Service, you understand and agree that your data will be processed through these various third-party AI infrastructures.
- Digital Product: The Service is entirely a digital product; no physical delivery is made. The Service is provided on an "as is" and "as available" basis.
3. Accounts and Security
- Accuracy and Authority: You are obligated to provide accurate, current, and complete information during registration. If you are registering on behalf of a company or legal entity, you represent that you have the authority to bind such entity to these Terms. You must be at least 18 years of age.
- Account Security: You are solely responsible for maintaining the confidentiality of your account access information (passwords, API keys). You are exclusively responsible for all activities that occur under your account, whether or not you have knowledge of them (and any resulting damages). You must immediately notify us of any unauthorized use of your account. Upon Shift cannot be held liable for any direct or indirect damages arising from unauthorized access.
4. Subscriptions, Payments, and Refunds
- Billing: The Service is billed in advance on a monthly or annual basis, depending on your selected plan. Applicable fees and taxes are specified on the payment page.
- Automatic Renewal: Unless you cancel your subscription, your authorized payment method will be automatically charged on a recurring basis at your billing cycle.
- Refund Policy: Due to the nature of digital services, and unless otherwise mandated by law, no refunds will be issued under any circumstances for partially used billing periods or unused services.
- Price Changes: We reserve the right to change our pricing upon providing reasonable advance notice. Changes will take effect in your next billing cycle.
5. Acceptable Use and Content Responsibility You agree to use the Service only for lawful purposes. The following actions are strictly prohibited and may result in immediate account termination:
- Violating any applicable local, national, or international law.
- Uploading or processing data that infringes upon the intellectual property rights, privacy, or personal rights of others.
- Using the platform for spam, phishing, malware distribution, or fraudulent purposes.
- Copying the Service's source code, reverse engineering, scanning for system vulnerabilities, or attempting to intentionally disrupt the platform's operations.
- Content Responsibility: You are 100% responsible for the documents, texts, and prompts you upload to your knowledge base, as well as the responses your bots provide to end-users (your customers). Upon Shift has no obligation to moderate user-generated or AI-generated content and cannot be held as a party to any legal crisis arising from such content.
6. Data Processing and Third-Party Integrations (Important)
- Data Transmission: Since we are an AI SaaS platform, the texts, knowledge base data, and customer interactions you enter into the platform are transmitted via APIs to the underlying AI platforms we partner with (e.g., OpenAI, Anthropic) in order to provide the Service.
- Third-Party Rules: In the event the Service is integrated into platforms like WhatsApp (Meta), Telegram, Google, or others, you are also required to comply with the Terms of Service and Privacy Policies of those respective platforms.
- Disclaimer of Liability: Upon Shift cannot be held responsible for any problems, revenue losses, or data losses arising from the actions of any third-party provider (e.g., Meta banning your number, API outages, data leaks, or changes in the AI provider's policies) or system outages.
7. Nature of AI Outputs (Hallucination Waiver) Due to the nature of artificial intelligence models, the generated responses may not always be 100% accurate, reliable, or fit for purpose. AI systems can produce false information (hallucinations). Upon Shift does not guarantee the accuracy, completeness, or suitability for a particular purpose of the content produced by the provided chatbots or tools. Upon Shift bears no responsibility for customer dissatisfaction, financial losses, or legal issues that may arise from incorrect answers provided by your bots to your end-users.
8. Intellectual Property Rights
- Upon Shift's Rights: All intellectual property rights, including the platform's software, algorithm, design, interface, brand, and trade secrets, belong exclusively to Çağrı Çiftçi.
- User Content: You retain ownership of the data you upload to the platform. However, you grant us and our integrated AI partners a worldwide, royalty-free, non-exclusive license to process, store, and transmit such content solely for the purpose of providing this Service to you, operating, and optimizing the system.
9. Availability, Maintenance, and Support We aim to provide the Service with a high uptime rate. However, we do not guarantee that the system will operate uninterrupted, error-free, or 100% securely at all times. Unplanned outages, cyberattacks, or planned infrastructure maintenance may occur without prior notice. Upon Shift is not responsible for any business or data losses arising from these interruptions.
10. Termination and Suspension
- You can cancel your subscription at any time from your account settings. Upon cancellation, you may continue to use the Service until the end of your current billing cycle.
- We reserve the right to immediately suspend or permanently terminate your account without prior notice if you violate these Terms (especially the Acceptable Use conditions), fail to make payment, or engage in actions that harm our platform. Upon termination, your knowledge base and data may be permanently deleted from the system.
11. Limitation of Liability and Disclaimer of Warranties
- Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPON SHIFT PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE". NO EXPRESS OR IMPLIED WARRANTIES ARE GIVEN, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Limitation of Damages: UNDER NO CIRCUMSTANCES SHALL ÇAĞRI ÇİFTÇİ OR UPON SHIFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE (OR INABILITY TO USE) THE SERVICE, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF REPUTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Financial Limit: In any event, the total financial liability of Upon Shift towards you for any claim shall not exceed the total subscription fees you paid to the platform in the 3 (three) months preceding the event giving rise to the claim.
12. Changes to the Terms We may update these Terms at any time due to changes in our business models, legal requirements, or the policies of the AI platforms we integrate with. Significant changes will be published on our website with an updated "Last Revised" date or notified via email. Your continued use of the Service after the changes are published constitutes your acceptance of the new Terms.
13. Severability and Waiver If any provision of these Terms is found to be invalid or unenforceable by a competent court, that provision will be modified to the extent permissible by law to remain valid, and the remaining provisions of the agreement will continue in full force and effect. The waiver of any right does not imply a subsequent waiver of that or any other right.
14. Governing Law and Jurisdiction These Terms and any disputes arising from the use of the Service are governed by the laws of the Republic of Turkey, without regard to its conflict of law rules. The Istanbul (Çağlayan) Courts and Execution Offices have exclusive jurisdiction to resolve any legal disputes arising from these Terms.
Contact Information: For any questions, requests, and notifications regarding the Terms of Service, you can contact us: Email: [email protected]