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VesselCall

Terms of Use

Updated:

These Terms of Use set the rules for using the vesselcall.com website and the app.vesselcall.com customer platform. A customer using the platform is the sender of its introduction e-mails and is responsible for their content and for its obligations under Turkish Law No. 6563. The Acceptable Use Policy in section 9 is an integral part of these Terms.

1. Parties and scope

These Terms apply between VesselCall ("VesselCall") and everyone who visits vesselcall.com, as well as the companies that use VesselCall products ("Customer") and their authorized users.

VesselCall's contact details: Türkiye; MERSİS number (Turkish central trade registry number): to be published once company registration is completed; e-mail: info@vesselcall.com.

If a separate offer, order form or contract signed with the Customer contains a provision that differs from these Terms, that provision applies. The roles for processing personal data are governed by the Data Processing Agreement that the Customer accepts when the account is opened.

The services are offered only to businesses acting for commercial or professional purposes, not to consumers.

2. Definitions

  • Site: the vesselcall.com website.
  • Platform: the customer panel at app.vesselcall.com and related services.
  • Outreach: the product that sends introduction e-mails on the Customer's behalf to the managers of commercial vessels approaching Turkish ports selected by the Customer.
  • Data: the reporting and search product for port calls at Turkish ports and vessel information.
  • Recipient: the company or person who receives an e-mail sent on the Customer's behalf.
  • Customer Content: templates, texts, signature and footer details, sender identity, lists and other data the Customer enters into the Platform.

3. Use of the Site

Content on the Site is for general information and is not an offer. Prices are provided on request. Texts, images and designs on the Site belong to VesselCall or its licensors and may not be copied or used commercially without permission. Any action that could harm the Site, overload it or bypass its security measures is prohibited.

4. Services

  • Outreach: the Customer selects the number of ports allowed by its plan and a range (in nautical miles) for each port. The system detects commercial vessels entering that range using AIS position data, identifies the vessel's managing company in public ship registers, finds the company's business e-mail address, translates the Customer's Turkish template into the recipient's language and sends the e-mail from the Customer's verified domain. Sending can run in automatic, approval or test mode.
  • Data: records of port calls at Turkish ports, vessel search, port and period reports, and exports. Port call history starts on the date monitoring starts.
  • VesselCall may develop the services and change features. It will not reduce the essential scope of a plan to the Customer's disadvantage during a period that has already been paid.

5. Account opening and security

  • Accounts are opened by VesselCall after a demo. To get an account, request a demo.
  • The Customer provides accurate company details, such as trade name, MERSİS number and address, and keeps them up to date.
  • The Customer gives access only to its authorized users, keeps login details confidential and is responsible for activity under its account. We recommend using two-factor authentication. Any unauthorized use must be reported to VesselCall without delay.

6. Plans, quotas and payment

  • The scope and limits of a plan (number of active ports, maximum range per port, monthly e-mail quota, scope of the Data product) are stated in the offer or order form.
  • The monthly e-mail quota resets at the start of each calendar month, Türkiye time. Only e-mails that are actually sent count toward the quota; test mode e-mails do not count. When the quota is used up, sending stops for that month.
  • Prices exclude VAT. Payment is made through a PayTR payment link sent by VesselCall or by bank transfer. Card details are entered on PayTR's payment page; VesselCall never sees or stores card details.
  • A subscription starts or is extended when payment is received. Subscriptions currently do not renew automatically.
  • If payment is not made, the subscription ends; detection and sending stop, and queued e-mails are canceled.
  • Upgrades take effect immediately; downgrades take effect at the end of the current period.
  • Invoices are issued in line with Turkish tax law.
  • Price changes are announced in advance and do not affect a period that has already been paid.

7. Customer obligations

The Customer:

  1. uses the Platform only for lawful purposes and in line with these Terms;
  2. is the sender of its introduction e-mails and the service provider within the meaning of Turkish Law No. 6563 on the Regulation of Electronic Commerce, and is responsible for the decision to send and for the content of the e-mails;
  3. ensures that its content is accurate, up to date and not misleading, and that it relates to its own maritime services;
  4. confirms that it owns, or is authorized to use, the domain and addresses it uses as sender;
  5. fulfills its own obligations under Law No. 6563 and the Regulation on Commercial Communication and Commercial Electronic Messages, in particular it:
    • registers with the Message Management System (İYS) (Regulation Art. 5(2)) and carries out the İYS registrations and checks required before sending to merchants and tradespeople in Türkiye (Regulation Art. 6(6)); VesselCall has no İYS integration;
    • makes sure that every e-mail shows its trade name and MERSİS number (Regulation Art. 8(2)); the Platform adds these details to the e-mail footer, and the Customer is responsible for their accuracy;
    • includes a word such as "tanıtım" (promotion) in the subject line where the commercial nature of the e-mail is not clear from its content (Regulation Art. 8(6));
    • does not remove or hide the opt-out link, the right-to-object statement or the privacy notice link that the Platform adds to every e-mail;
    • adds opt-out requests it receives directly (for example as a reply to an e-mail) to the opt-out list in the Platform without delay and within 3 business days at the latest (Law Art. 8(3)), and reports them to İYS where required (Regulation Art. 9(6));
  6. ensures that consent records it enters for countries that require prior consent are genuine and can be proven;
  7. handles replies and complaints from recipients in its own mailbox within a reasonable time and cooperates with VesselCall's abuse reviews;
  8. uses recipient data only within this service and does not bulk-copy, sell or share data from the Platform with third parties;
  9. complies with sanctions laws and does not try to bypass the sanctions checks in the Platform.

8. Roles and personal data

  • VesselCall is the controller of the business contact database it compiles from public sources.
  • For e-mails sent on the Customer's behalf, the Customer is the sender and VesselCall acts as processor and intermediary service provider. Under Art. 9(1) of Law No. 6563 and Art. 11(3) of the Regulation, VesselCall is not obliged to check Customer Content in advance. This does not affect VesselCall's review and suspension rights in section 10.
  • Replies from recipients go directly to the Customer's mailbox; the Customer is responsible for how it handles them.
  • Details are set out in the Data Processing Agreement, our Privacy Policy and our information for e-mail recipients.

9. Acceptable Use Policy

The Platform may not be used for:

  1. Misleading content: false or misleading subject lines or content (for example fake "Re:" or "Fwd:" prefixes); false statements about products, prices, authorizations or certificates; false urgency.
  2. Impersonation: posing as another company, person, port authority, classification society, P&I club or public body; using a brand or domain without the right to do so.
  3. Illegal goods and services: promoting illegal or sanctioned goods and services; offering services to vessels, persons or companies on sanctions lists.
  4. Harmful content: phishing, malware, collecting login credentials, or links to harmful sites.
  5. List and spam trap abuse: uploading or suggesting purchased, rented or harvested address lists; using addresses known to be spam traps; trying to bypass spam filters, opt-out lists, frequency limits, quotas or country rules (for example by opening multiple accounts).
  6. Unlawful content: defamatory or discriminatory content, or content that infringes intellectual property rights or data protection law.
  7. Off-topic sending: e-mails unrelated to the Customer's maritime services and to the recipient's business role.
  8. Platform abuse: attempts at unauthorized access; copying the Platform or its database with automated tools; reverse engineering; selling or transferring access to third parties; sharing login details; overloading the systems.

If you notice use that breaks this policy, please report it to info@vesselcall.com.

10. Review, suspension and termination

  • To prevent abuse, VesselCall may review templates and may require its approval before the first live sending.
  • If bounce, complaint or opt-out rates put the shared sending infrastructure at risk, the Customer's sending may be paused automatically.
  • VesselCall may suspend sending or the account in case of a breach of these Terms or the Acceptable Use Policy, a serious legal risk, a request from a competent authority or a security threat. Where circumstances allow, it informs the Customer in advance, otherwise as soon as possible, and explains the reason.
  • In case of serious or repeated breaches, VesselCall may terminate the contract by written notice.

11. Data accuracy and limits of the service

  • AIS position data, ship registers and websites may contain incorrect or incomplete information. VesselCall processes this data with care but does not guarantee that it is accurate, complete or up to date.
  • VesselCall does not guarantee that e-mails will be delivered or read, that replies will be received, or that any particular business result will follow.
  • The services must not be used for navigation, safety or emergency purposes.

12. Intellectual property

  • All rights in the Platform, software, databases and the Site belong to VesselCall or its licensors. The Customer receives a non-transferable, non-exclusive right to use them during the contract and only for its own internal business purposes.
  • Customer Content belongs to the Customer. The Customer allows VesselCall to use this content to provide the service (storage, translation, sending and archiving).
  • Outputs of the Data product may be used for the Customer's own internal business purposes; they may not be sold, rented or published in bulk.

13. Service continuity and force majeure

  • We do not guarantee uninterrupted or error-free service. Planned maintenance is announced in advance whenever possible.
  • Neither party is liable for failing to perform obligations because of force majeure, such as natural disasters, war, epidemics, general outages of energy or communication infrastructure, or decisions of public authorities.

14. Limitation of liability

  • VesselCall is not liable for indirect damages, loss of profit, or loss of business or reputation.
  • VesselCall's total liability under these Terms is limited to the fees the Customer paid to VesselCall in the 12 months before the event that caused the damage.
  • These limitations do not apply in cases of intent or gross negligence, or in other cases where liability cannot be limited by law (Art. 115 of the Turkish Code of Obligations No. 6098).
  • The Customer covers VesselCall's losses arising from third-party claims, administrative fines and costs caused by the Customer's content or by its breach of these Terms, Law No. 6563 or other laws.

15. Term and termination

  • The contract runs for the subscription period stated in the offer or order form and is extended by a new payment at the end of the period.
  • If a party breaches an essential obligation and does not remedy it within a reasonable time after written notice, the other party may terminate the contract.
  • When the contract ends, detection and sending stop. Before closure, the Customer can export its own sending logs. Customer Content is deleted or anonymized within 30 days of closure; records under statutory retention (for example commercial message records and invoices) are kept until those periods end, and opt-out lists are kept without a fixed end date.

16. Confidentiality

Each party keeps confidential the information it learns under the contract that is clearly confidential, and uses it only for the purpose of the contract. Information that must be disclosed by law is excluded from this obligation.

17. Changes to these Terms

VesselCall may update these Terms. The current version is always published on this page. Material changes to the Customer's disadvantage are announced by e-mail a reasonable time before they take effect; a Customer who does not accept a change may terminate the contract before it takes effect.

18. Governing law and jurisdiction

These Terms are governed by Turkish law. For disputes arising from these Terms, the Courts and Enforcement Offices of İstanbul (Central) have jurisdiction.

19. Notices

Notices to the Customer are sent to the e-mail address registered in the Platform. Notices to VesselCall are sent to info@vesselcall.com or to Türkiye.

20. Other provisions

  • If a provision of these Terms is invalid, the other provisions remain in effect.
  • Not exercising a right does not mean waiving it.
  • The Customer may not transfer its rights and obligations under the contract without VesselCall's written consent.

This text is for information purposes and may be updated as our services or the law change.