Terms of Service

This User Agreement ("Agreement") governs the use of this website ("Site") and the software and services offered on it ("Service(s)").

The Agreement enters into force upon the User's electronic acceptance and remains in force unless terminated by the parties under the procedures set out in it. This Agreement is a legal contract between the User and OrbisCommerce, whether the User is an individual subscriber, a single company, or an organization ("User(s)").

By becoming a member of our website, the User agrees to be bound by this Agreement and is deemed to have accepted the collection and use of User information as set out in the OrbisCommerce Privacy Policy. If the User opens or uses an account on behalf of a company, organization, or legal entity, the User confirms that they (i) are that entity's authorized representative with authority to bind it to this Agreement; (ii) have read this Agreement; (iii) understand it; and (iv) accept it on behalf of the legal entity.

1. Definition of Service

This Site and the Services provided on it belong to Orbiscommerce Teknoloji ve Yazılım Sistemleri A.Ş. ("OrbisCommerce"), a web-based shipping solution that simplifies order fulfillment for retailers. It handles everything from order taking and bulk label creation to customer communication, with real-time integrations to popular marketplaces and shopping platforms. Advanced customization options let OrbisCommerce adapt to businesses with any number of users or locations. Users who use only OrbisCommerce's software are called "Subscriber Users", and those who also use the logistics service provided outside the software are called "Special Users". Different fees and conditions apply to each.

2. General information about the Site and Service

2.1 OrbisCommerce continuously checks the accuracy and currency of the information on the Site. However, OrbisCommerce is not responsible for typographical and system errors that occur despite all efforts. The User accepts that access to the Service may be blocked or interrupted from time to time.

2.2 OrbisCommerce reserves the right to change the information, forms, and content on the Site, and this User Agreement, at any time.

2.3 OrbisCommerce may, at its sole discretion and with or without notice, terminate accounts, delete any content or information posted to the Service, and/or block use of or access to the Service (or any part or feature of it) at any time. OrbisCommerce may terminate any account, in whole or in part, for any reason, and reserves the right to discontinue any aspect of the Service, including displaying any User data.

2.4 OrbisCommerce reserves the right to suspend the User's account, restrict access, remove submitted content, or terminate the membership entirely where it detects that the User has acted contrary to this Agreement, the terms of use on the Site, or applicable legislation; or in cases of service abuse, attempted fraud, activities that threaten system security, violation of third-party rights, provision of misleading information, or damage to commercial reputation. Where possible, OrbisCommerce notifies the User in writing or electronically; where deemed necessary, action may be taken immediately without notice.

2.5 OrbisCommerce may temporarily suspend access to the Service for system maintenance and updates, security measures, or legal obligations. Prior notice to the User is the rule; however, where urgent intervention is required, temporary restrictions may be applied without prior notice.

2.6 The Site may contain links to other websites ("Linked Sites"). OrbisCommerce has no control over, and no responsibility for, Linked Sites.

2.7 Requests to ship products whose transportation is prohibited under Turkish law or the law of the relevant country will not be fulfilled, and OrbisCommerce has the right to block access to the Site and related services in such cases.

2.8 OrbisCommerce stores and uses the information and data the User shares with it within the scope of the Privacy Policy, which forms part of this Agreement. The User accepts that OrbisCommerce may share the User's information with the relevant authorities upon their request, in accordance with applicable legislation.

2.9 OrbisCommerce reserves the right to make system changes, updates, and restrictions as it deems necessary without informing the User.

3. User's rights and obligations

3.1 The User may not transfer or assign their account, or the rights and obligations arising from this Agreement and the use of the Site, to any third party. Those who use the Services and the Site may conduct transactions through the Site only for lawful personal or corporate purposes. The User bears all legal and criminal liability for every transaction and action they perform on the Site.

3.2 The User accesses the Site with their e-mail address and password and is responsible for keeping that password confidential and secure. Any activity performed on the Site with these credentials is deemed to have been performed by the User, and all legal and criminal liability arising from it belongs to the User. The User will notify OrbisCommerce immediately on becoming aware of any unauthorized use of their password or any other security breach.

3.3 The User consents to OrbisCommerce sharing their contact, portfolio status, and demographic information with its affiliates, limited to use in marketing activities such as promotions, advertising, campaigns, and announcements. This information may be used within OrbisCommerce to build customer profiles, offer suitable promotions and campaigns, and carry out statistical studies. The User accepts that content and other information may be stored by OrbisCommerce or third parties in data centers in Türkiye or abroad.

3.4 For shipments made through OrbisCommerce under the Delivered Duty Paid (DDP) method, the User is responsible for all customs duties, import duties, stamp duties, fees, and charges, as well as the minimum charges, DDP service fees, and all related additional costs that the carrier (e.g. UPS, FedEx) charges to OrbisCommerce.

3.5 In this context, the carrier's invoices to OrbisCommerce and any related documents will be sent to the User electronically, and OrbisCommerce reserves the right to pass these amounts on to the User as they are.

3.6 If the User does not object within 3 (three) days of being notified of these amounts, they are deemed to have accepted them as notified and consent to OrbisCommerce invoicing and collecting them.

3.7 Unless expressly stated otherwise, OrbisCommerce does not assume responsibility for collecting these costs and acts only as an information provider. Accordingly, OrbisCommerce accepts no liability for disputes over, or non-payment of, DDP charges passed on directly or indirectly by carriers.

4. Intellectual property rights

4.1 The User acknowledges that all intellectual property rights on the Site and in the Service belong to OrbisCommerce.

4.2 Except as expressly permitted by OrbisCommerce under this Agreement, Users may not reproduce, adapt, distribute, or create derivative works from OrbisCommerce's copyrighted works.

5. Fees and taxes

5.1 The fees below apply to Subscriber Users (software only); OrbisCommerce reserves the right to set different fees for Special Users (software and shipping services). OrbisCommerce has sole discretion to classify users as Special or Subscriber Users, and to change a user's status between the two over time.

5.2 The User is responsible for paying fees and charges for the Service, such as taxes and duties, on time using a valid payment method. Unless stated otherwise, all fees are in US dollars. All payments must be made through the methods specified in the Service. All fees and charges are earned upon receipt and are non-refundable, except as expressly stated and/or required by applicable law.

5.3 The User is responsible for any government taxes on their use of the Service, such as sales, use, or value-added tax. Where OrbisCommerce is required to collect such taxes, they are added to the billing account.

5.4 Authorization to charge the selected payment method remains in effect until cancelled or changed in the Service preferences; such a change does not affect charges submitted before OrbisCommerce could reasonably act on it.

5.5 OrbisCommerce reserves the right to change any fees, fee limits, or amounts for the Service, and to introduce new fees or terms, with prior notice to Users. Fees for any subscription period are paid in advance and are non-refundable in whole or in part.

5.6 Unless cancelled, monthly subscriptions renew automatically at the end of each month, and annual subscriptions at the end of each subscription year.

5.7 Annual subscriptions require cancellation notice at least 30 days before the renewal date; monthly subscriptions require seven (7) days' notice.

5.8 If the User fails to pay service fees on time, default interest of 0.5% per day of delay applies and is collected by separate invoice, calculated from the start of the delay until full payment. This provision is expressly set out in this Agreement, which the User accepted on registering, and is deemed customary and agreed given the commercial nature of the relationship. The amount and calculation method will be sent to the User by e-mail. If the User does not object in writing within eight (8) days of that notice, the notified default interest is deemed accepted.

6. Support services and hours

6.1 OrbisCommerce provides technical support, system assistance, and account management to its users. Support is available on weekdays between 09:00 and 18:00 by e-mail or live support.

6.2 OrbisCommerce targets an average response time of 2 business days for support requests. The User accepts that delays may occur due to workload, technical failures, or force majeure, and cannot hold OrbisCommerce responsible for damages arising from them.

6.3 In emergencies, security threats, or system failures, OrbisCommerce provides support with priority.

7. Data retention and deletion

7.1 If the User's membership ends, their personal data, activity records, and transaction history are stored for a maximum of 10 (ten) years, without prejudice to applicable legislation.

7.2 At the end of this period, the data may be anonymized and used for statistical purposes, or deleted entirely.

7.3 The User may request deletion of their personal data after the service ends or by written request. Deletion is completed within 30 days at the latest, excluding legal obligations.

8. Mobile application

8.1 Transactions made through OrbisCommerce's mobile application fall within the scope of this Agreement, and users are bound by it in all activities they carry out through the application.

9. Changes to the Agreement and notices

9.1 OrbisCommerce may amend this Agreement unilaterally. Changes will be notified to the User at least 7 (seven) days before they take effect, by e-mail to the address provided at registration or by an announcement on the Site.

9.2 If the User does not object within 7 (seven) days of the notice, the changes are deemed accepted. If the User objects, either party may terminate the Agreement.

10. Insurance and guarantee

10.1 Insurance is available optionally for shipments made through OrbisCommerce. Coverage, the maximum liability amount, and exclusions are clearly stated to the User, and requesting insurance is the User's responsibility.

10.2 Damage to uninsured shipments is the carrier's responsibility under general provisions, and OrbisCommerce has no liability for it.

11. Force majeure

11.1 OrbisCommerce is not liable for failing to perform any of its obligations under this Agreement and the Privacy Policy fully and on time in any situation legally deemed force majeure, and owes no compensation in such cases.

12. Right of withdrawal

12.1 If the User is a consumer, they have the right to withdraw within 14 (fourteen) days without giving a reason and without paying a penalty, since this contract is concluded remotely (online).

12.2 The withdrawal period starts on the day the contract is concluded. However, if the electronically provided software service starts with the User's explicit consent, the period starts on the date the service starts.

12.3 The User can exercise the right of withdrawal by notifying OrbisCommerce in writing within the withdrawal period, by e-mail to e-mail address or through the contact form in the system.

12.4 If the right of withdrawal is exercised, the amount collected is refunded to the User within 14 (fourteen) days of OrbisCommerce receiving the notice, using the same payment method. If the software service has been partly or fully performed, the amount for the service performed is deducted from the refund.

12.5 The right of withdrawal does not apply to subscriptions of legal entities acting for commercial or professional purposes, or to professional users.

13. Termination

13.1 Either party may terminate this Agreement at any time, without giving a reason and without compensation, by giving 1 (one) week's written notice to the e-mail address provided by the other party.

13.2 If any provision of this Agreement, or any wording in it, is invalid, unlawful, or unenforceable, the remaining provisions remain in force.

13.3 Istanbul courts have jurisdiction over disputes arising from this Agreement for commercial users; for consumers, the courts and enforcement offices authorized by law have jurisdiction.