Cloud hosting agreement

1.1. This cloud hosting agreement (the “Agreement”) has been entered into, on the terms below, between KUTBU YAZILIM BİLİŞİM TEKNOLOJİ SANAYİ VE TİCARET A.Ş. (“KUTBU”), the service provider, and the natural or legal person whose identity, contact and billing details are taken when a quote is accepted, an order is placed or a KUTBU ID account is created (the “Customer”). KUTBU and the Customer are together referred to as the “Parties” and each as a “Party”. 1.2. Details of KUTBU, the service provider: - Trade name: KUTBU YAZILIM BİLİŞİM TEKNOLOJİ SANAYİ VE TİCARET A.Ş. - Head office address: Küçükbakkalköy Mahallesi, Sonay Sokak, No: 6, Kat: 4, 34750 Ataşehir, İstanbul - Tax office and number: Kozyatağı Tax Office – 5990830790 - MERSIS number: 0599083079000001 - Trade registry number: 459195-5 - Registered e-mail (KEP) address: kutbu@hs01.kep.tr - Phone: +90 (212) 812 88 48 – +90 (212) 852 88 48 - Email: merhaba@kutbu.com - Support: destek@kutbu.com - Web: https://www.kutbu.com 1.3. The Customer's details are those declared by the Customer when accepting a quote, placing an order or using its KUTBU ID (https://id.kutbu.com) account. The Customer accepts that these details are accurate, complete and up to date, and that it will report any changes without delay via KUTBU ID or in writing.

In the application and interpretation of this Agreement; Service: means the cloud server, virtual server, hosting and related additional services purchased by the Customer through a quote or order, Cloud server / virtual server: means a server instance created by virtualisation on KUTBU's infrastructure, with the processor, memory, storage and network resources specified in the quote or order, Hosting: means storing the Customer's website, application, data and other content on KUTBU's infrastructure and making it accessible over the internet, Customer Content: means all data, software, files and content stored, processed or published on the Service by the Customer or persons authorised by the Customer, KUTBU ID: means the customer panel at https://id.kutbu.com where the Customer manages its services, invoices and account details, Order document: means the quote accepted by the Customer, or the order placed through KUTBU ID, showing the type, scope, resources, term and fee of the Service, Maintenance: means planned or emergency work carried out on the infrastructure for the security, continuity and improvement of the Service.

3.1. The subject of the Agreement is to set out the terms on which KUTBU provides the cloud server, virtual server and hosting services purchased by the Customer through an order document, and the rights and obligations of the Parties. 3.2. The technical specifications, resources, term and fee of the Service are stated in the order document. The order document forms an integral part of the Agreement; in the event of a conflict between the Agreement and the order document, the order document prevails only in matters specific to that service. 3.3. The general terms of use of the services are on the “Terms of service” page. Where the Customer is a consumer, the provisions of the “Distance sales agreement” also apply.

4.1. Unless otherwise stated in the order document, the Service covers: - Allocating a cloud server, virtual server or hosting space with the resources specified in the order document, - Providing the network connectivity and IP addresses required for internet access to the Service, - Providing the access credentials and, where applicable, the management panel needed to manage the Service, - Operating, monitoring and keeping up to date the infrastructure (physical servers, virtualisation layer and network). 4.2. Unless separately purchased in the order document, the following are outside the scope of the Service: - Management, updating, licensing and security of the operating system, software, applications and content installed by the Customer, - Backing up Customer Content (unless a backup service is purchased), - Software development, migration, consultancy and system administration services, - Problems arising from the Customer's own hardware, internet connection or services the Customer obtains from third parties. 4.3. Excluded work may be provided at the Customer's request under a separate quote and fee.

5.1. The Customer accepts that it will use the Service only for lawful purposes and will comply with Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications, Personal Data Protection Law No. 6698 (“KVKK”), Law No. 5846 on Intellectual and Artistic Works, Law No. 6563 on the Regulation of Electronic Commerce and other relevant legislation. The Customer is responsible, as content provider, for the content it hosts. 5.2. The Customer accepts that it will not engage, or allow others to engage, in the following activities through the Service: - Sending bulk or commercial electronic messages (spam) without the recipient's consent, - Attacks, unauthorised scanning, denial of service (DDoS) or attempts at unauthorised access against other systems, - Hosting or distributing malware, phishing or fraudulent content, - Hosting or publishing content that is unlawful or infringes third parties' intellectual property or personality rights, - Using resources in a way that disrupts the normal operation of the infrastructure or other customers' services. 5.3. The Customer must keep confidential the user names, passwords, access keys and other authentication details given to it, and must use strong passwords and, where available, two-factor authentication. If it suspects that these details have become known to third parties, it will change them immediately and notify KUTBU. The Customer is responsible for actions carried out with its access credentials. 5.4. Unless it purchases a separate backup service, the Customer is responsible for regularly backing up Customer Content itself. Even where a backup service is purchased, the Customer is advised to keep its own separate backups of critical data. 5.5. The Customer is responsible for keeping the software it installs up to date and secure, for licensing obligations, and for the services it provides to its own users on the Service. 5.6. To the extent permitted by law, the Customer bears the losses arising from claims and sanctions directed at KUTBU by third parties or public authorities because of the Customer's breach of its obligations under this article.

6.1. KUTBU provides the Service in accordance with the order document, with the care expected of a prudent service provider and within generally accepted industry practice. The Service is made available within the period stated in the order document or, if none is stated, within a reasonable time, and the access credentials are sent to the Customer. 6.2. KUTBU announces planned maintenance in advance by email or via KUTBU ID wherever possible and endeavours to carry it out at times that minimise its impact on the Service. In emergencies such as security vulnerabilities, hardware failures or similar, emergency maintenance may be carried out without prior notice. 6.3. KUTBU takes reasonable technical and administrative measures (such as access control, network security, monitoring and updates) to secure the infrastructure. Nevertheless, no service provided over the internet can be guaranteed to be entirely uninterrupted or error-free. 6.4. As a hosting provider under Law No. 5651 and the related regulation, KUTBU is not obliged to monitor the content it hosts or to investigate whether any unlawful activity is taking place. However, where it is duly notified of unlawful content or there is a decision of a competent authority, it removes the content to the extent technically possible and retains the traffic data required by the legislation for the period and under the conditions prescribed. 6.5. KUTBU may obtain data centre, network and infrastructure services from third-party providers in order to provide the Service. KUTBU exercises due care in selecting and supervising these providers.

7.1. With respect to personal data contained in Customer Content, the Customer is the data controller and KUTBU is the data processor within the meaning of the KVKK. KUTBU processes such data only for the purpose of providing the Service and in line with the Customer's instructions; it does not use it for any other purpose and does not transfer it to third parties except where required by law. 7.2. The Customer is responsible for having a legal basis under the KVKK for the personal data it processes on the Service, for informing data subjects, for responding to data subject requests and, where required, for fulfilling the obligation to register with the Data Controllers' Registry (VERBİS). 7.3. In accordance with Article 12 of the KVKK, KUTBU takes the necessary technical and administrative measures to ensure an appropriate level of security in order to prevent unlawful processing of and access to personal data and to safeguard it. If KUTBU becomes aware of a data breach in the Service infrastructure affecting Customer Content, it informs the Customer without delay and provides reasonable assistance so that the Customer can fulfil its legal notification obligations. 7.4. Where the infrastructure on which the Service is provided is located abroad or the Service requires personal data to be transferred abroad, the transfer is carried out in accordance with the conditions laid down in Article 9 of the KVKK. 7.5. Information on KUTBU's processing, as data controller in its own right, of the identity, contact, billing and customer transaction data of the Customer and its representatives is available on the “Personal data protection notice” page.

8.1. The service fee, the billing period (monthly, annual or another period stated in the order document) and the payment terms are stated in the order document. Unless otherwise stated, fees are paid in advance at the start of each period and statutory taxes are added. 8.2. Payments are made by wire transfer, EFT or FAST to the bank accounts listed on the “Payment channels” page, or by card through a secure payment link belonging to a licensed payment institution and sent by KUTBU. KUTBU's website does not collect or store card details. 8.3. Unless cancelled by the Customer via KUTBU ID or in writing, the Service renews for the same period at the end of each period. The renewal fee is determined according to the tariff in force on the renewal date; if the fee changes, KUTBU informs the Customer a reasonable time before the renewal date. 8.4. If the fee is not paid when due, KUTBU notifies the Customer by email and grants a period for payment stated in the notice and of not less than 7 (seven) days. If payment is not made within that period, KUTBU may suspend the Service until payment is made. The suspension period counts towards the term of the Service. KUTBU's statutory rights to default interest and debt collection are reserved. 8.5. Where the Customer is a consumer, the right of withdrawal and its exceptions are governed by Consumer Protection Law No. 6502 and the Distance Contracts Regulation. Under Article 15 of the Regulation, the right of withdrawal cannot be exercised for services whose performance has started with the consumer's approval before the withdrawal period expires.

9.1. KUTBU may suspend the Service in whole or in part if the Customer acts in breach of Article 5, if the Service poses a risk of harm to the infrastructure, other customers or third parties, or if there is a decision of a competent authority. To the extent the urgency of the situation allows, KUTBU informs the Customer in advance and grants time to remedy the breach; in emergencies, notice is given immediately after the suspension. 9.2. If either Party fails to fulfil a material obligation under the Agreement and does not remedy the breach within the reasonable period stated in a written notice, the other Party may terminate the Agreement. The right to terminate immediately for just cause in the event of serious or repeated breaches is reserved. 9.3. To end the Service at the end of a period, the Customer may submit a cancellation request via KUTBU ID or in writing before the renewal date. Unless otherwise stated in the order document, and without prejudice to mandatory provisions protecting consumers, fees for the unused part of a period are not refunded for cancellations made mid-period. 9.4. If the Agreement ends for any reason, the Customer must retrieve Customer Content to its own systems within the period stated in the notice of termination. At the end of that period, Customer Content is irreversibly deleted, except for records that must be retained by law. 9.5. Termination does not affect the rights and obligations of the Parties accrued up to the termination date.

10.1. For each Service, the Agreement remains in force for the period stated in the order document and continues on the same terms for as long as it is renewed under Article 8.3. 10.2. If the Customer has more than one Service, the Agreement remains in force until the date on which the last Service ends.

11.1. KUTBU is not liable for indirect losses of the Customer or third parties, such as loss of profit, loss of data, business interruption or loss of reputation. Backing up Customer Content is the Customer's responsibility under Article 5.4. 11.2. KUTBU's total liability under the Agreement is limited to the fees paid by the Customer to KUTBU for the relevant Service in the 12 (twelve) months preceding the event giving rise to the loss. 11.3. KUTBU is not liable for losses arising from the Customer's own hardware, internet connection or installed software, or from the use of its access credentials by third parties through the Customer's fault. 11.4. The limitations in this article do not apply to KUTBU's liability arising from intent or gross negligence, to harm to life and health, or to other liability that cannot be limited by law. Where the Customer is a consumer, these limitations apply only to the extent permitted by Law No. 6502.

12.1. Events beyond the control of the Parties that could not be foreseen on the date the Agreement was concluded and could not be prevented, such as natural disasters, epidemics, war, terrorism, uprisings, strikes, lockouts, decisions and regulations of competent authorities, general power or telecommunications infrastructure outages and large-scale cyber attacks, are deemed force majeure. The Parties are not held responsible for failing to fulfil their obligations to the extent and for as long as they are affected by force majeure. 12.2. The Party affected by force majeure notifies the other Party of the situation and its expected impact without delay and makes reasonable efforts to mitigate its effects. 12.3. If force majeure lasts longer than 60 (sixty) days, either Party may terminate the Agreement in respect of the affected Service by written notice. In that case, the Parties do not claim compensation from each other for the part that could not be performed due to force majeure, and fees paid in advance for the unperformed period are refunded.

13.1. Notices under the Agreement are given by KUTBU to the email address registered in the Customer's KUTBU ID account or via KUTBU ID, and by the Customer to merhaba@kutbu.com or via KUTBU ID. Technical support requests may be sent to destek@kutbu.com. 13.2. Notices with legal consequences, such as termination and default, may in addition be sent to KUTBU's registered e-mail (KEP) address kutbu@hs01.kep.tr or to the head office address stated in Article 1 through a notary public or by registered mail with return receipt. 13.3. The Parties notify each other of changes to their contact details without delay. Notices sent to the registered addresses are deemed valid where a change has not been notified.

14.1. KUTBU may amend the Agreement. Amendments to the Customer's detriment are notified to the Customer by email or via KUTBU ID a reasonable time before they take effect. A Customer who does not accept an amendment may cancel the Service before the amendment takes effect; in that case, fees paid in advance for the unused period are refunded. 14.2. The Customer may not assign its rights and obligations under the Agreement to third parties without KUTBU's written consent. 14.3. Where the Customer is a merchant, KUTBU's books and records and its electronic records constitute evidence, under Article 193 of the Code of Civil Procedure No. 6100, in disputes that may arise from the Agreement; the Customer's right to submit evidence to the contrary is reserved. 14.4. The invalidity of any provision of the Agreement does not affect the validity of the remaining provisions.

15.1. The Agreement is governed by Turkish law. In matters not regulated by the Agreement, the provisions of the Turkish Code of Obligations No. 6098, the Turkish Commercial Code No. 6102 and the relevant legislation apply. 15.2. Without prejudice to mandatory pre-litigation mediation where required by law, the İstanbul Anatolian (Anadolu) Courts and Enforcement Offices have jurisdiction over disputes arising from the Agreement. 15.3. Where the Customer is a consumer, the Consumer Arbitration Committees or Consumer Courts at the consumer's place of residence or where the transaction took place have jurisdiction within the monetary limits announced each year by the Ministry of Trade; the consumer's rights under Law No. 6502 are reserved.

16.1. The Agreement is concluded and enters into force when the Customer accepts it electronically upon accepting a quote or placing an order through KUTBU ID. Electronic acceptance has the same legal effect as a written signature. 16.2. The current text of the Agreement is published on this page; the Customer may request a copy of the text it accepted from merhaba@kutbu.com. 16.3. The Agreement consists of 16 (sixteen) articles and forms a single whole together with the order document.