Terms of service

This text sets out the general rules that apply to visitors’ use of the www.kutbu.com website operated by KUTBU YAZILIM BİLİŞİM TEKNOLOJİ SANAYİ VE TİCARET A.Ş. (“KUTBU”), located at Küçükbakkalköy Mahallesi, Sonay Sokak, No: 6, Kat: 4, 34750 Ataşehir, İstanbul, and to customers using the services offered by KUTBU (together, the “User”). Everyone who uses the website or KUTBU services is deemed to have accepted these terms. The current version of these terms is always published on this page; it is the User’s responsibility to check on this page whether a version obtained in any other way is up to date. The principles for processing personal data are explained in the Privacy policy and the KVKK information notice.

The KUTBU website does not offer membership or online sales; products and services are sold on the basis of a quote. Customer accounts and purchased services are managed via KUTBU ID (https://id.kutbu.com). The User is responsible for keeping the username, password and other access details of their KUTBU ID account confidential and for actions carried out through the account. Certain services are subject to their own agreements in addition to these terms (for example, the Email services agreement and the Cloud hosting agreement). The Distance sales agreement and the Cancellation and refund terms also apply to sales of products and services. In the event of any difference between a service-specific agreement and these terms, the service-specific agreement prevails. KUTBU may change the scope of its services, its pricing plans and campaigns, withdraw a service from sale or offer it for sale again. Such changes apply to concluded agreements and prepaid periods in accordance with the provisions of the relevant agreement.

The User accepts that the identity, trade name and contact details they provide through quotes, orders, the contact form and KUTBU ID are accurate and up to date. Where the nature of a service requires this information to be verified, KUTBU may contact the User; if the information is incorrect or the User cannot be reached, KUTBU may decline to start the relevant service or suspend it in accordance with the provisions of the relevant agreement.

KUTBU does not review in advance the content that Users publish or transmit via the website and services. The User is responsible for all activities and content they carry out with KUTBU services. The actions listed under the following headings are strictly prohibited.

Unsolicited email means messages sent in bulk for commercial or promotional purposes without the recipient’s prior consent. Sending unsolicited email using KUTBU services, and sending spam because the anti-spam settings of a service obtained from KUTBU have been configured incorrectly, incompletely or not at all, are prohibited. Commercial electronic messages must be sent in compliance with Law No. 6563 Elektronik Ticaretin Düzenlenmesi Hakkında Kanun (Law on the Regulation of Electronic Commerce) and related legislation.

All activities that violate the Türk Ceza Kanunu (Turkish Penal Code), the Türk Ticaret Kanunu (Turkish Commercial Code), the Fikir ve Sanat Eserleri Kanunu (Law on Intellectual and Artistic Works), the Sınai Mülkiyet Kanunu (Industrial Property Law), provisions on personality rights and the privacy of private life, and other legislation are prohibited. All liability arising from sending bulk email, publishing web pages or any similar activity in breach of these rules rests with the User.

All activities that are contrary to public morality or that may violate personality rights and the privacy of private life are prohibited.

Using KUTBU services to attack the rights of third parties, or attempting to interrupt, disrupt or slow down the services, publications and activities of third parties or of KUTBU systems (unauthorised access, denial-of-service attacks, distribution of malware and similar actions), is prohibited. Keeping, distributing or making available on KUTBU services any files, tools or documents that may assist in such actions is also prohibited.

Even if not specifically listed in these terms, all acts that are contrary to the Constitution and laws of the Republic of Türkiye or that constitute a crime are prohibited. All liability arising from such acts rests with the User.

Any act that may cause material or moral damage to KUTBU, KUTBU systems or other customers is prohibited.

In the event of a breach of these terms or of service-specific agreements, KUTBU has the right, in proportion to the nature and seriousness of the breach, not to start the relevant service, to suspend it temporarily or to terminate it in accordance with the provisions of the relevant agreement. Where urgent action is not required, KUTBU notifies the User in advance and allows a reasonable period to remedy the breach. Decisions of competent authorities and obligations arising from legislation, including Law No. 5651, are reserved.

The intellectual and industrial property rights in the texts, images, logos, trademarks, designs, software and other content on the website belong to KUTBU or its licensors. This content may not be copied, reproduced, distributed, modified or used for commercial purposes without KUTBU’s written permission. Third-party trademarks and product names are the property of their respective owners. The rights in content that the User uploads to KUTBU services remain with the User; the User accepts that they have the right to use and publish such content.

KUTBU takes the utmost care for the security and integrity of data transmitted via the website and its services. However, KUTBU cannot be held liable where data is corrupted or incompletely transmitted because the internet is not managed by a single organisation, because the User’s access details have passed to third parties through the User’s fault, or for reasons beyond KUTBU’s control. Unless a backup service is specifically undertaken in a service-specific agreement or quote, backing up the User’s data is the User’s responsibility. KUTBU describes the features of its products and services on the relevant product pages, in the quote and in the service-specific agreement. Services are provided within the scope stated in these documents. To the extent permitted by law, KUTBU’s liability is limited to direct damages and to the fee paid for the relevant service. KUTBU’s liability for intent or gross negligence and consumers’ rights under Law No. 6502 Tüketicinin Korunması Hakkında Kanun (Law on Consumer Protection) are reserved.

In providing its services, KUTBU may work with third-party infrastructure providers such as data centre, cloud, telecommunications, payment and software licence providers. These providers’ conditions on the resale and use of the service also apply to the User to the extent stated in the service-specific agreement or quote. Links to third-party sites on the website are for information only; KUTBU is not responsible for the content or privacy practices of these sites.

KUTBU may update these terms. The updated text enters into force on the date it is published on this page. Changes that materially affect the rights and obligations of existing customers are also notified a reasonable time in advance by email or via KUTBU ID.

These terms are governed by Turkish law. The İstanbul (Anadolu) Courts and Enforcement Offices have jurisdiction over disputes arising from these terms. In consumer disputes, under Law No. 6502, the Tüketici Hakem Heyetleri (Consumer Arbitration Committees) have jurisdiction within the monetary limits announced each year by the Ticaret Bakanlığı (Ministry of Trade), and the Tüketici Mahkemeleri (Consumer Courts) for disputes above these limits.

For questions about these terms, you can write to merhaba@kutbu.com; for technical support requests about your services, write to destek@kutbu.com. Our registered electronic mail (KEP) address: kutbu@hs01.kep.tr