Legal

IYS (Message Management System) Obligation Declaration

Version: v2

version: 2 effective_date: 2026-04-29 replaces: v1 amendment_clause: continued-use-v1

IYS (Message Management System) Obligation Declaration — v2

1. Parties and Definitions

This Declaration is entered into between the following parties by electronic approval:

This Declaration has been prepared taking into account the Law on the Regulation of Electronic Commerce No. 6563 ("ETK"), Article 6 of the Consumer Protection Law No. 6502 (prohibition of unfair commercial practices), the Regulation on Commercial Communication and Commercial Electronic Communications (OG 15.07.2015 — as amended in May 2024, particularly Art. 5/1), and the regulations in force of the IYS Communiqué ("Regulation on Procedures and Principles Regarding the Obligation to Register with the Message Management System").

2. About IYS

The Message Management System (IYS) is the central national system within the Union of Chambers and Commodity Exchanges of Turkey (TOBB) where recipient approval and rejection records are kept for sending commercial electronic communications pursuant to ETK Art. 5 (https://iys.org.tr).

Service providers (the Customer) are obliged to query the recipient's approval status on IYS before sending a call, SMS, WhatsApp message or email, and not to send communications to recipients who have not given approval or who have a rejection record.

The recipient (citizen) can query the approval/rejection status of their own number on IYS by verifying it with their Turkish ID number via https://iys.org.tr; they can withdraw their approval for any sender they wish.

3. Legal Obligations of the Customer

The Customer accepts and undertakes the following obligations for all outbound calls, SMS, email, WhatsApp or automated AI Voice transmissions it carries out through the DoWaba platform:

  1. Prior approval (ETK Art. 6): A commercial electronic communication may not be sent without the prior approval of the recipient. Approval may be obtained in writing or by any electronic communication means; it must include the recipient's name and electronic contact address.

  2. IYS query: Before each outbound communication/call, the recipient's IYS approval status is queried. No transmission is made to recipients who have no approval or who have a REJECTION record.

  3. Registration with IYS: Approvals obtained in the capacity of service provider are uploaded to IYS within 3 business days.

  4. Channel-based separate permission: Pursuant to ETK and the IYS Regulation, SMS, email, voice calls and WhatsApp/instant messaging are separate channels. The recipient may give/cancel approval separately for each channel. Granting approval for one channel does not extend validity to another; the Customer keeps separate approval/rejection tracking per channel.

  5. Right of rejection: In each communication/call, the recipient is provided with a free and easy means of rejection. Recommended mechanisms:

    • On a voice call: "Press 9 if you do not wish to receive these calls"
    • In an SMS: "To opt out, write REJECT and send to 5555"
    • In an email: A one-click "Unsubscribe" link
    • On WhatsApp: "Write STOP to opt out"
    • Panel: https://dowaba.com/iys-iptal (if the Customer has the infrastructure)

    The Customer who receives the rejection stops transmission on that channel within 3 business days (Regulation Art. 9).

  6. Time restriction (Regulation Art. 5/1 — May 2024 amendment): Commercial electronic communications, including SMS, may not be sent to natural-person recipients between 20:00 and 08:00. This limit also applies to automated calls and WhatsApp commercial communications. The hours are applied according to the recipient's local time zone.

  7. Content requirements (Regulation Art. 7): At the beginning of each communication, the commercial title or MERSİS information of the service provider and the information that the communication is a commercial communication must be included. The rejection method is clearly stated within the communication.

  8. Exceptional transmission (ETK Art. 6/3): No approval is required for information, billing, or warranty-right notifications requested by the recipient themselves; however, approval is mandatory when going beyond this scope. It must not constitute an unfair commercial practice under Consumer Art. 6.

  9. Callback exception: No prior approval is required under ETK Art. 6/3 for a callback made in response to the recipient's notification/complaint/support request; however, abuse of this exception is considered a violation.

  10. Data source transparency: The Customer is obliged to document from which source and on what legal basis it obtained the contact list/contact data (in connection with KVKK Arts. 5 and 10). In the event of purchasing the list from a third party, the legal compliance of the source is the Customer's responsibility.

4. Infrastructure Provided by DoWaba

DoWaba provides the following infrastructure to facilitate the Customer's legal compliance (it does not remove the responsibility, it facilitates):

  1. IYS API integration — approval/rejection query can be automated, blocking before transmission.
  2. Pre-transmission time control — blocking outside 08:00–20:00 enabled by default.
  3. Storage of a local copy of rejection records (panel archive).
  4. Frequency restriction — maximum number of transmissions per recipient.
  5. KVKK disclosure announcement on AI Voice calls (defined in the DoWaba KVKK Disclosure Notice, hard-coded and not changeable from the panel).
  6. Call/SMS log reports — for audit and complaint review.
  7. Channel-based opt-out tracking — separate rejection records for SMS / email / WhatsApp / voice calls.
  8. Evidence protection in consumer complaints — transmission time, content, and approval reference are stored in an auditable format.

DoWaba provides this infrastructure; however, the Customer is solely responsible for the communication content, the cleanliness of the recipient list, the legal validity of approvals, and IYS synchronization.

5. Withdrawal / Rejection Channels

The recipient may exercise their right of rejection at any time through the following channels:

  1. Panel / web form — the opt-out page provided by the Customer on its own website.
  2. Email — a rejection request to a support email such as recipient@customer.com.
  3. SMS REJECT command — the recipient sends a keyword such as "REJECT", "STOP", "QUIT" to the sender number; the system stops transmission within 3 business days.
  4. IYS directly — the recipient can log in at https://iys.org.tr with their Turkish ID and withdraw the approval of any sender they wish.
  5. DoWaba KVKK channel — kvkk@dowaba.com (last resort if the Customer's channel does not work).

6. Legal Consequences and Administrative Fines

Pursuant to ETK Art. 12 and Regulation Art. 13, an administrative fine is imposed by the Ministry of Trade in the event of a breach of obligation. Fines are updated each year at the revaluation rate; as of 2026:

In the event of a violation, the addressee of the administrative fine is the Customer, who has the capacity of service provider registered in IYS. DoWaba is an infrastructural facilitator; the Customer is the addressee of Ministry sanctions. The Customer is obliged to indemnify DoWaba for damages reflected to it due to the violation (e.g., third-party compensation claims).

7. Relationship with KVKK

The provisions of KVKK Law No. 6698 also apply to personal data processed in the sending of commercial electronic communications. Approval and rejection records may be based on the legal grounds of KVKK Art. 5/1 (explicit consent) or Art. 5/2-c (performance of contract); the scope must be notified to the recipient by the Customer through a separate disclosure notice.

IYS approval is a separate legal concept from explicit consent under KVKK; permission granted in one area does not mean it has been granted in another. The Customer must be compliant at both levels.

8. Effect of Rejecting Marketing Permission on the Main Service

Marketing, campaign and commercial electronic communication permissions are obtained with separate explicit consent. Even if the recipient/Customer refuses to give these permissions or withdraws them:

"Even if I do not give these permissions, I continue to benefit from the main service provided by DoWaba (panel, call management, AI inference, multi-channel messaging)."

The main service consists of mandatory processing activities that fall within the scope of KVKK Art. 5/2-c (performance of contract) and Art. 5/2-f (legitimate interest). Rejecting marketing does not restrict the provision of the main service.

9. Declaration and Approval

By accepting this Declaration during panel registration, the Customer declares and undertakes that:

  1. All obligations arising from ETK 6563 and IYS legislation belong to it,
  2. It will comply with the prohibitions of Consumer Art. 6 (unfair commercial practices),
  3. It is solely responsible for the legal compliance of the communications it sends through the DoWaba infrastructure,
  4. It will not hold DoWaba liable as the addressee of Ministry sanctions,
  5. It is responsible for the accuracy of the approval/rejection records kept on its behalf,
  6. It will manage SMS / email / WhatsApp / voice call permissions separately,
  7. It will comply with the 20:00–08:00 time ban and the "3 business days for rejection" period,
  8. It will assume the administrative, legal, or compensatory consequences reflected to DoWaba due to a violation.

10. Communication Channels

11. Amendments and Continued Use

DoWaba reserves the right to update this text due to changes in legislation, changes in the scope of service, or reasonable commercial reasons. Changes are announced to the Customer by email and/or panel notification at least 15 days, and material changes at least 30 days, before they take effect. The notice states the changed documents, the new version number and the document digest (SHA-256).

The Customer may object before the notice period expires, through the panel or by writing to kvkk@dowaba.com; upon objection the new version does not automatically take effect for that Customer, the parties consider a resolution in good faith, and if none is found the Customer may terminate the relevant service. If no objection is raised and the Customer continues to use the service after the notice period has expired, such continued use constitutes acceptance of the new version. The acceptance is recorded in the audit log together with the notice date, waiting period, evidence of use, version number and document digest, and is visible to the Customer in the panel.

This provision covers only the contractual relationship between the Customer (the business owning the panel) and DoWaba. It cannot establish the explicit consent under Article 9 or the disclosure under Article 10 of the Turkish Data Protection Law of the person called or calling; acceptance through continued use does not replace the Customer's own obligations towards data subjects.

Version and Effective Date

This document has been prepared by DoWaba (Acr Yapay Zeka Eğitim Ve Bilişim Teknolojileri Limited Şti.) in accordance with ETK No. 6563, TKHK No. 6502 Art. 6, the Regulation on Commercial Communication and Commercial Electronic Communications (Art. 5/1 as amended in May 2024), and the IYS Regulation, with the necessary technical and administrative measures in place. This document does not replace the need for independent legal advice. Version updates are published in the same file.