Terms of Use

Last Updated: 2026-05-22

Acceptance of Terms

These Terms of Use (“Terms”) govern access to and use of the TopKap seller mobile application and related services (“ TopKap ,” the “App,” “we,” “us,” or “our”).

By creating a seller account, accepting a company invitation, uploading products, communicating with buyers, managing order requests, viewing analytics, or otherwise using TopKap , you agree to these Terms and the TopKap Privacy Policy.

If you use TopKap on behalf of a company, you confirm that you are authorized to act for that company and to bind that company to these Terms.

Seller Verification and Compliance

Seller users must be legitimate businesses, manufacturers, wholesalers, exporters, distributors, suppliers, or authorized company representatives. We may request verification information where reasonably necessary to protect the platform, buyers, sellers, or our legal interests.

Account and Company Access

You are responsible for keeping your account information accurate, protecting your login credentials, and ensuring that your account is used only by you.

If you manage a company account, you are responsible for all users, employees, team members, agents, or representatives that you invite or authorize to access the company account. This includes responsibility for:

• assigning appropriate roles and permissions;
• limiting access to authorized persons only;
• monitoring company activity where appropriate;
• removing users who no longer work with or represent the company;
• ensuring that company users follow these Terms;
• any product listings, messages, exports, analytics access, or order actions made by authorized company users.

TopKap is not responsible for losses, unauthorized actions, disclosure of company information, or buyer-related issues caused by permissions granted by the seller company or its administrators.

Users must not share accounts, bypass access controls, access another company’s data, or continue using a company account after authorization ends.

Product Listings and Seller Content

Sellers are responsible for all company information, product listings, images, descriptions, catalog content, pricing or quotation information where enabled, availability information, business profile information, and any other content submitted through TopKap .

By submitting content, sellers confirm that:

• the information is accurate, lawful, current, and not misleading;
• they have the right to list, promote, sell, export, and distribute the products;
• the content does not infringe trademarks, copyrights, designs, trade names, image rights, or other third-party rights;
• the products comply with applicable product, export, customs, labeling, safety, tax, advertising, consumer protection, and trade laws;
• the products are not counterfeit, illegal, unsafe, restricted, misleadingly branded, or prohibited;
• the products can be lawfully offered for wholesale business purposes.

We may remove, restrict, reject, reduce visibility, or request changes to seller content if we believe it violates these Terms, platform rules, applicable law, third-party rights, buyer trust, or platform quality standards.

Product Type Rules and Prohibited Products

TopKap is designed for lawful B2B wholesale product discovery, especially for fashion, apparel, textile, and related product categories, unless we approve other categories.

Sellers must not list, promote, offer, or attempt to sell products that are illegal, unsafe, counterfeit, misleading, infringing, or unsuitable for the platform.

Prohibited or restricted products include, without limitation:

• counterfeit, replica, imitation, stolen, or unauthorized branded goods
• products that infringe intellectual property rights
• products with false origin, false certification, false composition, or misleading labeling
• products, services, or content that are illegal, counterfeit, unsafe, misleading, infringing, unauthorized, harmful, or otherwise non-compliant with applicable laws or regulations;
• products or categories that are unrelated to TopKap ’s intended B2B wholesale marketplace purpose
• products that may pose legal, safety, reputational, or operational risks to TopKap , its users, or third parties.
• products subject to sanctions, embargoes, or export/import restrictions
• any product that we determine may create legal, safety, reputational, or operational risk for TopKap , buyers, sellers, or third parties.

We may update product rules, restrict categories, or require additional documentation at any time to protect the platform and comply with applicable law.

License to Use Seller Content

Sellers retain ownership of their submitted content, subject to third-party rights.

By uploading or submitting content to TopKap , sellers grant us a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, format, translate, adapt for display, and use that content as necessary to operate, promote, secure, support, and improve TopKap and related buyer-facing services.

This license allows us to show seller listings, company profiles, product information, and related content to buyers and other authorized users of the platform.

Orders Are Contact Coordination Only

TopKap may allow sellers to receive buyer order requests and manage order statuses.

Order functionality is provided only for contact coordination, internal workflow, and business communication. TopKap does not currently process payments, shipment, logistics, customs, escrow, invoicing, refunds, returns, insurance, or delivery.

An order request or order status does not guarantee product availability, buyer payment, shipment, delivery, customs clearance, price, exclusivity, acceptance, or formation of a binding commercial agreement unless separately agreed between buyer and seller outside TopKap .

Any commercial agreement, payment arrangement, delivery arrangement, product warranty, return, refund, customs matter, tax matter, or other business arrangement made between sellers and buyers is made directly between those parties. TopKap is not a party to those arrangements and is not responsible for their performance, payment, delivery, quality, legality, completion, or enforcement.

Sellers are responsible for independently evaluating buyers, negotiating terms, confirming payments, arranging shipment, managing customs, issuing invoices, handling taxes, resolving disputes, and complying with all applicable laws.

Chat and Communications

TopKap may include buyer-seller chat and support communication features.

Users must communicate professionally and lawfully. Harassment, threats, fraud, spam, misleading statements, unlawful requests, abusive language, and misuse of chat are prohibited.

We may review communications where necessary for support, safety, legal compliance, dispute handling, technical maintenance, platform integrity, or enforcement of these Terms.

Analytics, Sales Performance Data, and Exports

TopKap may provide analytics dashboards, sales performance indicators, product performance data, listing views, buyer interaction metrics, order coordination statistics, reports, and export features.

TopKap does not guarantee the accuracy, completeness, availability, or business outcome of analytics, sales performance data, reports, dashboards, or exports. Sellers should not rely on these tools as the only basis for legal, tax, accounting, customs, financial, investment, or business decisions without independent verification.

Sellers are responsible for:

• limiting analytics and export access to authorized company users;
• handling exported files securely and lawfully;
• ensuring company members do not misuse buyer-related or platform-related information;
• verifying analytics before using them for business decisions;
• complying with data protection, confidentiality, and trade obligations when using exported information.

We may limit, change, suspend, or disable analytics or export features at any time for security, privacy, technical, legal, or business reasons.

Seller Legal Compliance

Sellers are solely responsible for complying with all laws applicable to their products, listings, exports, communications, and business activities, including Turkish commercial rules, tax obligations, export laws, customs rules, product safety rules, labeling requirements, intellectual property laws, sanctions, advertising rules, labor rules, consumer protection rules applicable to downstream resale, and data protection obligations.

We do not provide legal, tax, customs, logistics, export, product compliance, accounting, financial, or business advice.

Buyer Information and Confidentiality

Sellers may receive buyer information through TopKap for product inquiries, order coordination, and business communication. Sellers may use buyer information only for legitimate business purposes related to the buyer’s inquiry or order request.

Sellers must not sell, misuse, disclose, scrape, export without authorization, spam, or use buyer information for unrelated marketing or unlawful purposes. Sellers are responsible for ensuring that their company members and authorized users handle buyer information lawfully and confidentially.

Account Deactivation, Removal, and Data Retention

Users may stop using TopKap at any time. Because seller accounts may be connected to company records, product listings, buyer communications, order coordination records, analytics, support history, legal obligations, and records affecting buyers, immediate full account deletion may not always be available or may be limited.

You may contact us to request account review, deactivation, removal of access, or deletion of personal data where legally available. We may retain certain records where necessary for legal compliance, security, fraud prevention, dispute handling, accounting, platform integrity, protection of rights, or preservation of buyer-seller records.

Platform Availability and Changes

We may update, modify, suspend, discontinue, limit, or change any part of TopKap at any time, including features, workflows, analytics, listings, search, categories, exports, messaging, account permissions, or order coordination tools..

Suspension and Termination

We may suspend, restrict, or terminate access to TopKap , remove content, disable exports, restrict messaging, limit visibility, block users, or close accounts if we believe that a user or company has violated these Terms, created legal or security risk, misused TopKap , infringed third-party rights, provided false information, harmed buyer trust, or if required by law or authority request.

We may also take action to protect buyers, sellers, platform integrity, security, legal compliance, or our business interests.

Changes to These Terms

We may change these terms from time to time. If we make any changes to these terms that we think materially alter your rights, then we will post the latest terms to this site and change the "Last Updated" date above. We encourage you to review these terms whenever you visit the TopKap Service to understand how your information is used.

Governing Law and Dispute Resolution

Unless mandatory applicable law requires otherwise, these Terms are governed by the laws of the Republic of Türkiye.

Unless mandatory law requires another venue, disputes arising out of or related to these Terms or TopKap will be subject to the courts and enforcement offices of Istanbul, Türkiye.

Contact

If you have any questions about these Terms, please feel free to contact us at info@kayisoft.net