Terms of Service

Welcome to Landwait! These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and HERTZ TEKNOLOJİ MEDYA YAYINCILIK PAZARLAMA VE TİCARET ANONİM ŞİRKETİ ("Landwait," "we," "us," or "our") governing your access to and use of our website at https://landwait.com and all related services (collectively, the "Service").

By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

1. Definitions

• "Account" means your registered user account on the Service.
• "Content" means all landing pages, text, images, designs, and other materials you create using the Service.
• "Credits" means the usage units required to access AI features within the Service.
• "End Users" means visitors to landing pages you create using the Service.
• "Lead Data" means information submitted by End Users through forms on your landing pages.
• "Subscription" means your paid plan (Pro, Pro Plus, or Ultra) that provides access to the Service.
• "Subscription Credits" means Credits included with your Subscription that renew monthly.
• "Credit Packs" means additional Credits purchased separately from your Subscription.

2. Service Description

Landwait is an AI-powered platform that enables you to create, customize, and deploy landing pages using natural language prompts. The Service includes:

• AI-assisted landing page generation and editing
• Landing page hosting on Landwait subdomains (yourproject.landwait.com)
• Custom domain connection
• Lead capture and management
• Analytics and performance tracking

3. Eligibility and Age Requirement

3.1 Age Requirement

By creating an account or using the Service, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher.

If you are under 18 years of age, you are not permitted to use the Service. The Service is designed for adults and business users only.

3.2 Eligibility Requirements

To use the Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Provide accurate and complete registration information
• Not be prohibited from using the Service under applicable laws

3.3 Minors

The Service is not intended for individuals under 18 years of age. We do not knowingly collect personal information from anyone under 18. If we discover that a user is under 18, we will immediately terminate their account and delete any associated data.

4. Account Registration and Security

4.1 Account Creation

To access the Service, you must create an account by providing accurate information, including your name and email address. You agree to keep this information current.

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately at support@landwait.com if you suspect unauthorized access

We are not liable for any loss or damage arising from unauthorized use of your account.

5. Subscription Plans

5.1 Available Plans

We offer the following subscription plans:

All plans include: landing page creation, editing, publishing, custom domain support, lead collection, and lead export.

5.2 Free Preview

Users may generate a landing page preview without a subscription. However, publishing, editing, and accessing full features requires an active subscription.

5.3 Plan Changes

You may upgrade or downgrade your plan at any time. Changes take effect at the start of your next billing cycle. When upgrading mid-cycle, you will be charged the prorated difference.

6. Credits

6.1 Subscription Credits

Each subscription plan includes a monthly allocation of Credits. Subscription Credits:

• Refresh at the beginning of each billing cycle
• Do not carry over to the next month
• Cannot be transferred to another account
• Have no cash value

6.2 Credit Packs

You may purchase additional Credits separately:

Credit Packs:

• Do not expire and carry over indefinitely
• Are consumed after Subscription Credits are depleted
• Cannot be transferred to another account
• Have no cash value

6.3 Credit Usage

Credits are consumed when you use AI features to generate or modify landing pages. Credit usage varies based on the complexity of your request. Your remaining Credits are displayed in your dashboard.

7. Payment Terms

7.1 Payment Processing

All payments are processed by Polar.sh (which uses Stripe as its payment processor). By subscribing, you authorize Polar.sh to charge your payment method for all fees and charges.

We do not store your payment card details. All payment information is handled securely by our payment processors.

7.2 Billing Cycle

Subscriptions are billed monthly. Your billing cycle begins on the date of your initial subscription and renews on the same date each month.

7.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current subscription fee.

7.4 Taxes

All prices are exclusive of applicable taxes. You are responsible for paying all taxes, duties, and other governmental charges associated with your purchase.

7.5 Payment Failure

If your payment fails:

• We will attempt to process the payment again
• If payment is not received within 2 days, your account access will be suspended
• Your projects will be unpublished but not deleted
• Access will be restored upon successful payment

8. Cancellation and Refund Policy

8.1 Cancellation

You may cancel your subscription at any time through the Polar.sh customer portal (accessible via "Go to Customer Portal" in your account settings).

Upon cancellation:

• Your subscription remains active until the end of the current billing period
• You will not be charged for subsequent periods
• Your projects will be unpublished at the end of the billing period
• Your data will be retained for 30 days, after which it will be permanently deleted

8.2 No Refunds

All sales are final. We do not provide refunds for any fees paid, including:

• Subscription fees (partial or full billing periods)
• Credit Pack purchases
• Unused Credits

You may cancel your subscription at any time, but you will not receive a refund for any amounts already paid.

8.3 Price Changes

We may change our prices at any time. Price changes will:

• Be communicated at least 30 days in advance via email
• Take effect at the start of your next billing cycle following the notice period

If you do not agree to a price change, you may cancel your subscription before it takes effect.

9. Acceptable Use

9.1 Permitted Use

You may use the Service to:

• Create landing pages for lawful personal or commercial purposes
• Collect leads and customer information in compliance with applicable laws
• Connect custom domains to your landing pages
• Export your Lead Data

9.2 Your Responsibilities

When using the Service, you are responsible for:

• Complying with all applicable laws and regulations
• Obtaining necessary consents for data collection from End Users
• Providing a privacy policy on landing pages that collect personal information
• Ensuring your Content does not infringe third-party rights

9.3 Disclaimer of Responsibility for User Content and Compliance

Landwait is not responsible for:

• The content, accuracy, legality, or appropriateness of any landing pages, text, images, or other materials you create using the Service
• Any claims, disputes, or legal actions arising from your Content
• Your compliance (or failure to comply) with applicable laws, including but not limited to:
  • Data protection and privacy laws (GDPR, CCPA, KVKK, etc.)
  • Consumer protection laws
  • Advertising and marketing regulations
  • Industry-specific regulations
• The collection, use, storage, or processing of personal data by you or through your landing pages
• Any privacy policy, terms of service, or other legal documents you publish on your landing pages
• Any legal, financial, regulatory, or reputational consequences resulting from your use of the Service

You acknowledge and agree that:

• You are solely responsible for ensuring your landing pages and business practices comply with all applicable laws in your jurisdiction and the jurisdictions of your End Users
• Landwait does not provide legal, tax, or compliance advice
• You should consult with qualified legal professionals regarding your compliance obligations
• Landwait's provision of the Service does not constitute an endorsement or approval of your Content or business practices

10. Prohibited Content and Conduct

You may not use the Service to create, host, or distribute content that:

10.1 Illegal Content

• Promotes or facilitates illegal activities
• Sells or advertises illegal products or services
• Constitutes fraud, phishing, or deceptive practices

10.2 Harmful Content

• Contains malware, viruses, or other harmful code
• Facilitates spam, DDoS attacks, or other malicious activities
• Impersonates another person or entity

10.3 Offensive Content

• Contains hate speech targeting race, ethnicity, religion, gender, sexual orientation, or disability
• Promotes violence or terrorism
• Contains graphic violence or gore
• Constitutes harassment, bullying, or threats

10.4 Adult Content

• Contains pornography or sexually explicit material
• Promotes sexual services

10.5 Regulated Content (without proper licensing)

• Gambling or betting services
• Pharmaceutical products or controlled substances
• Weapons or explosives
• Financial services requiring regulatory approval

10.6 Intellectual Property Violations

• Infringes copyrights, trademarks, or other intellectual property rights
• Sells counterfeit goods
• Contains plagiarized content

10.7 Child Safety

• Exploits, harms, or endangers minors in any way
• Contains child sexual abuse material (CSAM)

10.8 Enforcement

We reserve the right to:

• Remove or disable access to any Content that violates these Terms
• Suspend or terminate accounts for violations
• Report illegal content to appropriate authorities
• Cooperate with law enforcement investigations

Violations of Section 10 may result in immediate account termination without notice or refund.

11. AI Usage Terms

11.1 AI Technology

The Service uses Google Gemini (paid tier) to power AI features. When you interact with AI features:

• Your prompts are sent to Google's Gemini API for processing
• We use a paid tier, meaning Google does not use your data to train their models
• Your chat history is stored to provide service continuity

11.2 AI Output Disclaimer

Content generated by our AI features:

• May not be accurate, complete, or suitable for your specific needs
• May be similar to outputs generated for other users
• Does not constitute professional advice (legal, financial, medical, or otherwise)
• Should be reviewed and verified before use in production

You are solely responsible for reviewing, validating, and ensuring the appropriateness of all AI-generated content before publishing.

11.3 AI Usage Limits

AI features are accessed using Credits. Your available Credits depend on your subscription plan and any Credit Packs you have purchased.

12. Intellectual Property Rights

12.1 Your Content

You own all Content you create using the Service, including landing pages, text, images, and designs. You retain all intellectual property rights in your Content.

By using the Service, you grant Landwait a limited, non-exclusive, royalty-free license to host, display, and transmit your Content solely to provide the Service to you. This license terminates when you delete your Content or your account.

12.2 Lead Data

You own all Lead Data collected through your landing pages. You may export Lead Data at any time through your dashboard. Lead Data is deleted when you delete your account.

12.3 Portfolio Rights

You grant Landwait permission to display your published landing pages (excluding private or password-protected pages) in our portfolio, marketing materials, and promotional content. This helps us showcase the capabilities of the Service.

If you do not wish your pages to be featured, you may contact us at support@landwait.com to opt out.

12.4 Landwait's Intellectual Property

The Service, including its software, design, branding, documentation, and all related technology, is owned by Landwait and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices
• Use our trademarks without written permission

12.5 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty-free license to use such feedback for any purpose without compensation to you.

13. Third-Party Services

13.1 Integrated Services

The Service integrates with third-party services including:

Your use of these services is subject to their respective terms and privacy policies.

13.2 Custom Domains

When you connect a custom domain:

• Domain registration and ownership remain your responsibility
• DNS configuration is managed through SaasCustomDomains.com
• SSL certificates are provided automatically

We are not responsible for domain registration, renewal, or disputes.

13.3 Third-Party Content

The Service may contain links to third-party websites. We are not responsible for the content, privacy practices, or availability of external sites.

14. Privacy

Your use of the Service is subject to our Privacy Policy available at https://landwait.com/privacy. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

15. Service Availability and Disclaimers

15.1 Availability

We strive to maintain the availability of the Service. However, we do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance (we will provide advance notice via email)
• Unscheduled maintenance or emergency repairs
• Factors beyond our reasonable control

15.2 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF CONTENT
• RESULTS FROM USE OF THE SERVICE

We do not warrant that:

• The Service will meet your requirements
• The Service will be uninterrupted, timely, secure, or error-free
• AI-generated content will be accurate or suitable for any purpose

16. Limitation of Liability

16.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LANDWAIT SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use of or inability to use the Service
• Damages related to AI-generated content
• Damages caused by third-party services

16.2 Liability Cap

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The amounts you paid to us in the 12 months preceding the claim, or
• One hundred US dollars ($100)

16.3 Essential Purpose

The limitations in this section apply even if any remedy fails of its essential purpose and regardless of the theory of liability (contract, tort, or otherwise).

17. Indemnification

You agree to indemnify, defend, and hold harmless Landwait, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your Content or Lead Data
• Your violation of these Terms
• Your violation of any third-party rights
• Any claims by your End Users

18. Account Suspension and Termination

18.1 Suspension for Payment Failure

If your payment fails and is not resolved within 2 days:

• Your account access will be suspended
• Your projects will be unpublished
• Your projects and data will not be deleted
• Access will be restored upon successful payment

18.2 Suspension or Termination for Violations

If you violate these Terms, particularly Section 10 (Prohibited Content):

• We may suspend or terminate your account immediately without notice
• Your projects will be unpublished and may be deleted
• You will not have access to your data
• You will not receive any refund

18.3 Termination by You

You may terminate your account at any time by canceling your subscription through the customer portal. Upon termination:

• Your account remains active until the end of the billing period
• Your data is retained for 30 days after the billing period ends
• After 30 days, all your data is permanently deleted

18.4 Effect of Termination

Upon termination for any reason:

• Your license to use the Service immediately terminates
• Sections 12, 15, 16, 17, 19, and 20 survive termination

19. Service Discontinuation

If Landwait decides to discontinue the Service:

• We will provide at least 30 days' notice via email
• You will have the opportunity to export your Lead Data
• You will continue to have access until the end of your paid subscription period or the discontinuation date, whichever is later
• We will provide a pro-rata refund for any prepaid subscription fees covering the period after discontinuation

20. Changes to Terms

We may modify these Terms at any time by posting the updated Terms on our website. Changes become effective upon posting unless we specify otherwise.

For material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you by email at least 30 days before the changes take effect
• Provide the option to cancel your subscription if you do not agree

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

21. General Provisions

21.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law provisions.

21.2 Dispute Resolution

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Istanbul, Turkey.

For users in the European Union, European Economic Area, or United Kingdom, nothing in these Terms affects your rights under mandatory consumer protection laws.

21.3 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, deemed severed from these Terms. The remaining provisions shall continue in full force and effect.

21.4 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Landwait.

21.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

21.6 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Landwait regarding the Service and supersede all prior agreements and understandings.

21.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet or telecommunications failures.

21.8 Notices

We may provide notices to you by email to the address associated with your account. You may provide notices to us at support@landwait.com.

22. Contact Information

If you have questions about these Terms, please contact us: