End User License Agreement
This agreement sets out the terms on which you may install and use MapFirms. Please read it carefully: section 5 in particular makes you responsible for the lawfulness of contacting the businesses you find with the program.
1. Parties and scope
1.1. This End User License Agreement (the "Agreement") is made between Hakan Demirbilek, who develops and licenses software under the MapFirms brand (the "Licensor", "we", "us"), and the natural or legal person who installs or uses MapFirms (the "User", "you"). You can reach the Licensor at destek@mapfirms.com.
1.2. The "Software" means the MapFirms desktop program for Windows, the MapFirms Mobile phone app, the related online services (account, licensing, phone sync, updates) and the user manual.
1.3. The Acceptable Use Policy forms an integral part of this Agreement. How your personal data is processed is explained in the Privacy Notice. The current versions of these documents are always available at mapfirms.com and within the program.
1.4. You accept this Agreement by ticking the acceptance box or by installing or using the Software. If you use the Software on behalf of a company or organisation, you confirm that you are authorised to bind it to this Agreement.
2. Purpose of the Software
2.1. MapFirms is a tool that helps businesses find company information published openly on the sources they select, qualify those companies and manage their own customer relationships (calls, quotes, follow-ups). The Software is designed for business and professional use.
2.2. The Software never sends a message or places a call by itself. Every call, SMS, WhatsApp message or e-mail is opened and sent by you, in an app on your own device and with your confirmation. You are the sender of every message.
2.3. The rights of consumers that arise from law and cannot be limited by contract are not affected.
3. License
3.1. The Software is licensed, not sold. Provided that you comply with this Agreement, the Licensor grants you a non-exclusive, non-transferable and non-sublicensable right to use the Software.
3.2. Free version: you may install the Software free of charge and use the features of the desktop program. In the free version, no more than 30 new companies can be added per installation; deleting companies does not restore this allowance. Services that require an account, such as the phone app and phone sync, are part of the full version.
3.3. Paid subscription (full version): a yearly subscription is for the single user in whose name it is purchased and may be used during the subscription term on up to 2 computers registered to the account, or on more if a higher number is stated at purchase. To use it on another computer, you can ask destek@mapfirms.com to remove a computer you no longer use from your account. There is no limit on adding companies during the subscription. If several people will use the Software, each user needs their own subscription.
3.4. Your account credentials are personal to you. You must keep them confidential and must not share them with others; you are responsible for activity under your account. Tell us immediately if you believe your account is being used without permission.
4. Purchase, subscription and cancellation
4.1. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. The purchase contract is concluded between you and Paddle under the Paddle Buyer Terms: https://www.paddle.com/legal/checkout-buyer-terms. This Agreement governs the use of the Software.
4.2. The total price including taxes and the currency are shown on the Paddle checkout page before you pay.
4.3. The subscription runs for one year and, unless you cancel it, renews for a further year at the end of each year; the renewal fee is charged to your saved payment method. If the renewal price is going to change, you will be told by e-mail before the renewal to which the change applies.
4.4. You can cancel your subscription at any time using the link in the payment e-mails Paddle sends you, at https://paddle.net or by writing to destek@mapfirms.com. Cancellation takes effect at the end of the period already paid for; until then you continue to use the full version.
4.5. When the subscription ends, the Software returns to the free version. Your data stays on your computer, and you can continue to view and export all of it. The free-version limit applies only to adding new companies.
4.6. Within 30 days of each payment you may request a full refund without giving a reason (Refund Policy). Your statutory withdrawal rights are preserved in addition.
5. Collected data and contact permissions: your responsibility
5.1. Only you decide which searches to run, which data to keep, and whom you contact, for what purpose and through which channel. For the data you collect with the Software and store on your own computer, you are the controller within the meaning of the Turkish Personal Data Protection Law No. 6698 (KVKK), the EU General Data Protection Regulation (GDPR) and similar laws. The Licensor does not access this data and does not determine the purposes for which it is processed.
5.2. Before you contact any business or person for commercial purposes (by phone call, SMS, WhatsApp or other instant message, e-mail or any other electronic message), you agree and confirm that you will check and ensure for yourself that you have a valid legal basis for that contact. This means obtaining the recipient's prior consent where the law requires it, or relying on a statutory exception that genuinely applies to you. Examples:
- Türkiye: under Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages, commercial electronic messages may as a rule be sent only with the recipient's prior consent. The exception allowing messages to merchants and tradespeople (tacir and esnaf) without prior consent does not remove the obligations to register with the Message Management System (İYS), to record the recipient's address in İYS and check its rejection record there before sending, and to honour rejections. Consent may not be requested by sending the recipient a commercial electronic message. Recipients who are not merchants or tradespeople (for example most self-employed professionals, associations and private individuals) may not be sent messages without prior consent. The obligations of the KVKK regarding personal data apply in addition.
- European Union and United Kingdom: the GDPR and the UK GDPR together with national rules on electronic communications (for example the UWG in Germany and PECR in the United Kingdom). Some countries (for example Germany, Italy and Spain) require prior consent even for e-mails sent to businesses.
- United States: the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA) and the Do-Not-Call rules.
- Canada: CASL; and the other relevant laws of the recipient's country.
5.3. In particular, you undertake to: state clearly who you are in every message and call; where the law requires, tell people where you obtained their details and fulfil your duty to inform (KVKK Art. 10, GDPR Art. 14) no later than at the first contact; offer recipients an easy, free way to object; act on objections within the statutory period (three business days in Türkiye) and keep a list of those who do not want to be contacted again.
5.4. The Software reads information that is publicly visible on the sources you select (map services, business directories, websites). You are responsible for complying with those sources' terms of use, access rules (including robots.txt) and database and intellectual property rights. The Software does not solve or bypass security checks (CAPTCHA), does not interact with them, and does not sign in to any source or access content that requires a login. The Software uses one fixed browser identity and does not rotate IP addresses, proxies or browser identities; the optional network proxy setting is intended only for your own network needs (for example a company network) and may not be used to get around blocks. When a source shows a verification page or limits access, the Software backs off without changing its identity: depending on the source, it waits or stops querying that source, and map services or business directories that keep blocking access are paused for several hours. Because not every check can be recognised, results from a source may also simply decrease.
5.5. The third-party map services that you can additionally choose during installation or in Settings are optional sources: they are off by default and are used only if you choose them; you can change this choice in Settings at any time. Data from these services is subject to those services' own terms of use.
5.6. The platforms you use to communicate (for example WhatsApp, your e-mail provider, your phone operator) have their own rules; WhatsApp, for example, prohibits bulk and automated messaging. Complying with these rules is also your responsibility.
5.7. The tips, warnings and message templates in the Software are general information, not legal advice. If in doubt, consult a lawyer.
6. Prohibited uses
6.1. You may not use the Software in breach of the Acceptable Use Policy. The Policy prohibits, in particular, unsolicited commercial messages, circumventing access protections, collecting special categories of personal data and selling lists that contain personal data.
6.2. In addition, except where the law expressly permits it, you may not reverse engineer, decompile or modify the Software; disable or circumvent the license and account checks or the free-version limit; share your account with others; or rent, resell or sublicense the Software.
7. Account, phone sync and data processing
7.1. The data processed for the account and licensing services is described in the Privacy Notice.
7.2. When you use the "Send to phone" feature, the data you select is end-to-end encrypted (AES-256-GCM) on your computer and only then uploaded to the sync server. The decryption key exists only on the devices you have paired; the Licensor cannot read the content.
7.3. While storing this encrypted data and transferring it between your devices, the Licensor acts as a processor on your behalf within the meaning of the KVKK and the GDPR (Art. 28), and:
- processes the data only on your instructions and only for the purpose of syncing;
- ensures that the persons who have access to the data are bound by confidentiality;
- takes appropriate technical and organisational measures such as end-to-end encryption, HTTPS connections and hashed access tokens;
- uses Netlify, Inc. (United States) as a sub-processor for hosting, which you authorise by accepting this Agreement; changes of sub-processors are announced in advance in the Privacy Notice, and if you object you can stop using sync;
- since it cannot read the content, assists you with data subject requests by deleting the encrypted data;
- deletes the encrypted data when you remove the pairing or at your request;
- notifies you without undue delay after becoming aware of a security breach affecting this data;
- provides, on request, the information needed to demonstrate compliance with these obligations.
7.4. The desktop program also works without the sync service. Uninterrupted availability of the account and sync services is not guaranteed.
8. Intellectual property, third-party services and updates
8.1. All rights in the Software belong to the Licensor. You receive only the rights expressly granted in this Agreement.
8.2. The Software contains open-source components that are subject to their own licenses; for those components, the terms of the respective licenses apply. Map data © OpenStreetMap contributors (ODbL license).
8.3. Third-party services such as map tiles, address lookup (geocoding), search engines, domain name (DNS) lookup services, WhatsApp and e-mail apps are subject to their providers' terms; their availability is not under the Licensor's control. If you turn on the optional YouTube check, the Software uses YouTube API Services; by using that feature you agree to the YouTube Terms of Service (https://www.youtube.com/t/terms), and Google processes data in accordance with the Google Privacy Policy (https://policies.google.com/privacy).
8.4. The Licensor may publish updates for the Software. The program checks for updates itself. Updates are subject to this Agreement; your data (database, settings, backups) is preserved during updates.
9. Disclaimer of warranties
9.1. Company information comes from public sources and may be incomplete, outdated or wrong. The Licensor does not guarantee the accuracy, currency or completeness of the collected information. The "Check e-mail domain" feature looks only at the format of the address and the domain's mail server (MX) record; it does not show that the address is actually in use.
9.2. Changes on source websites may affect search results. It is not guaranteed that the Software will operate without interruption or error, or that it will produce any particular sales or business result.
9.3. To the extent permitted by law, the Software is provided "as is". The statutory rights of consumers regarding defective goods and services are not affected.
10. Limitation of liability and indemnity
10.1. Except for intent, gross negligence, harm to life, body or health, and other cases in which liability cannot be limited by law, the Licensor's total liability under this Agreement is limited to the amount you paid for the Software in the 12 months before the event giving rise to the claim.
10.2. Subject to the same exceptions, the Licensor is not liable for indirect damage, loss of profit or business, or loss of data. The Software makes automatic backups; you are advised to keep your own separate backups of important data as well.
10.3. To the extent permitted by law, you will bear any claims, administrative fines and reasonable defence costs brought against the Licensor because you processed collected data, or made contact, in breach of the law, the rights of third parties or this Agreement, except for the part arising from the Licensor's own fault. For consumers, this clause applies only to the extent permitted by law.
10.4. This section does not limit the statutory rights of consumers.
11. Term, suspension and termination
11.1. This Agreement applies for as long as you use the Software. You may stop using and uninstall the Software at any time, and cancel your subscription as described in section 4.
11.2. If you materially breach this Agreement or the Acceptable Use Policy, the Licensor may suspend your account or terminate this Agreement, after a prior warning where possible. In serious cases (for example complaints about unsolicited messages, a request from a competent authority or a threat to the security of the service), this may be done immediately.
11.3. On termination, your right to use the full version ends. Uninstalling the Software does not delete your data; the data on your computer is yours.
11.4. Section 5, section 7 (deletion of encrypted data), clause 8.1 and sections 9, 10, 13 and 14 survive the end of this Agreement.
12. Changes to this Agreement
12.1. The Licensor may amend this Agreement. Material changes are announced in the program or by e-mail at least 30 days before they take effect; changes required by law or for security reasons may take effect sooner.
12.2. The new version is shown in the program and you may be asked to accept it. If you do not accept a change, you may cancel your subscription before the change takes effect and request a refund of the fee for the paid but unused period.
12.3. Each version has a number; the version of this text is EULA-3.
13. Governing law and jurisdiction
13.1. This Agreement is governed by the laws of the Republic of Türkiye.
13.2. Where the law permits an agreement on jurisdiction (Turkish Code of Civil Procedure, Art. 17: disputes between merchants or public legal entities), the Istanbul Central (Çağlayan) Courts and Enforcement Offices have jurisdiction. In all other disputes, the competent court and enforcement office are determined by law.
13.3. Consumers continue to enjoy the protection granted to them by the law of their place of residence that cannot be excluded by contract, and may apply to the competent bodies at their place of residence. Consumers in Türkiye may apply to consumer arbitration committees within the monetary limits and, above those limits, to consumer courts after the mandatory mediation required by law.
13.4. For matters of purchase, payment and refunds, the Paddle Buyer Terms also apply.
14. Final provisions and contact
14.1. This Agreement and the Acceptable Use Policy constitute the entire agreement between the parties regarding the use of the Software; the purchase is subject to the Paddle Buyer Terms.
14.2. If any provision is held invalid, the validity of the remaining provisions is not affected. Failure to exercise a right does not mean that the right has been waived.
14.3. This Agreement is provided in Turkish, English, German, French, Spanish and Arabic. In case of conflict between the versions, the Turkish text prevails; however, consumers may rely on the provisions of the version in their own language that are more favourable to them.
14.4. Notices to you are sent to the e-mail address registered on your account or through the program; notices to us are sent to destek@mapfirms.com.