Terms of Service and Service Agreement

General Provisions

1.1. Definitions

The terms used in these Terms of Service and Service Agreement ("Agreement") carry the following meanings:

• "EnegalTech" or "Company": Refers to the technology company EnegalTech Teknoloji, headquartered in Istanbul, Turkey.
• "User" or "Client": Refers to any natural or legal person who visits the EnegalTech website, uses its services, or establishes a commercial relationship with the Company.
• "Services": Refers to all digital services offered by EnegalTech, including software development, artificial intelligence and automation, fintech solutions, enterprise solutions, and all related services.
• "Website": Refers to the internet site owned by EnegalTech and accessible through the domain name enegaltech.com.
• "Content": Refers to all text, graphics, logos, icons, images, audio, video, software, and all other materials provided within the scope of the Website and Services.
• "Personal Data": Refers to any information relating to an identified or identifiable natural person within the scope of the Personal Data Protection Law No. 6698 (KVKK).
• "Parties": Refers to EnegalTech and the User collectively.

1.2. Scope of the Agreement

This Agreement has been prepared in accordance with the Turkish Code of Obligations No. 6098, the Turkish Commercial Code No. 6102, the Consumer Protection Law No. 6502, the Law on the Regulation of Electronic Commerce No. 6563, and the relevant legislation.

This Agreement enters into force when the User visits the Website, accesses the services, or uses the services. Your continued use of the Website means that you have read, understood, and accepted all the provisions of this Agreement.

If separate agreements have been signed between EnegalTech and the User, the provisions of such specific agreements shall take precedence over these Terms of Service. In matters where the specific agreement does not contain provisions, these Terms of Service shall apply.

1.3. Legal Capacity

To use our services, you must be at least 18 years of age or have obtained the approval of your legal representative. Individuals acting on behalf of legal entities must be authorized to represent and bind the relevant legal entity. In accordance with Article 6102 of the Turkish Commercial Code, transactions shall be conducted within the limits of representation authority of commercial enterprises.

Scope of Services

2.1. Services Offered

EnegalTech provides professional technology services in the fields of software development, artificial intelligence and automation, fintech solutions, and enterprise solutions. The detailed scope of the services is determined by a separate agreement to be arranged for each project.

2.2. Service Level

EnegalTech aims for a quality level consistent with industry standards in the services it provides. The technical details, delivery timelines, performance criteria, and acceptance conditions of the services are determined by the Service Level Agreement (SLA) to be arranged separately for each project.

While the Company does not guarantee that the services will be uninterrupted and error-free, it maintains the necessary technical infrastructure and expert staff to resolve any disruptions as quickly as possible.

2.3. Pricing and Payment

Service fees are determined based on the project scope and requirements and are agreed upon in writing through a separate contract or proposal document to be executed between the parties. Unless otherwise stated, all prices are exclusive of Value Added Tax (VAT). Payment terms, due dates, and late payment interest rates are separately regulated in the relevant contract. Under the Consumer Protection Law No. 6502, the consumer's right to be informed in consumer transactions is reserved.

User Obligations

3.1. General Obligations

The User accepts and undertakes to comply with the following obligations when using the Website and Services:

• To act in compliance with the laws of the Republic of Turkey, international legal norms, and general moral principles.
• To provide accurate, current, and complete information; not to provide misleading or false information.
• To use the services only for legitimate and lawful purposes.
• Not to transfer, sublicense, or commercially resell the services to third parties without the written consent of EnegalTech.
• To ensure the security of account information, access keys, and passwords; to immediately report any unauthorized access.

3.2. Unacceptable Use

The User accepts and undertakes not to engage in the following activities:

• Taking any action that would jeopardize the security of the Website or services, damage the infrastructure, or disrupt the operation (including DDoS attacks, uploading malicious software, unauthorized access attempts).
• Attempting to access the source code of the software through reverse engineering, decompilation, disassembly, or similar methods.
• Systematically collecting data from the Website using automated data collection tools (bots, crawlers, scrapers, etc.).
• Sending spam, unsolicited commercial communications, or chain messages.
• Processing, collecting, or sharing the personal data of third parties in violation of the law.
• Uploading or sharing content that infringes copyright, trademark, patent, or other intellectual property rights.
• Creating or transmitting content that is contrary to applicable legislation, defamatory, obscene, threatening, harassing, or discriminatory.
• Acting in violation of Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed through Such Publications and its related regulations.

3.3. Cooperation Obligation

The User undertakes to actively cooperate with EnegalTech during the project process, to provide the requested information and documents in a timely manner, to communicate feedback within reasonable timeframes, and to provide the organizational support necessary for project success. EnegalTech cannot be held responsible for delays caused by the User's failure to fulfill their cooperation obligation.

Intellectual Property Rights

4.1. EnegalTech's Intellectual Property Rights

All content on the Website and within the scope of the Services -- software, designs, texts, graphics, logos, icons, images, audio and video files, databases, source codes, algorithms, and all other materials -- are the property of EnegalTech or its licensors under the Law on Intellectual and Artistic Works No. 5846, the Industrial Property Law No. 6769, and international intellectual property agreements.

Copying, reproducing, distributing, publishing, modifying, creating derivative works, or using this content for commercial purposes without the prior written permission of EnegalTech is strictly prohibited.

4.2. Rights Regarding Project Deliverables

Intellectual property rights regarding project deliverables (software, design, content, etc.) specifically developed for the Client are regulated by a separate agreement to be signed between the parties. Unless otherwise agreed in writing:

• Usage rights for the final product developed specifically for the Client are transferred to the Client, subject to full payment of fees.
• EnegalTech reserves its rights over general-purpose tools, libraries, frameworks, methodologies, and technical know-how developed or used during the project process.
• EnegalTech reserves the right to use completed projects as references and to showcase them in its portfolio; however, confidential business information will not be shared.

4.3. User Content

The User represents and warrants that they hold the necessary rights and authority over all content (text, images, data, documents, etc.) provided to EnegalTech. The User guarantees that such content does not infringe upon the intellectual property rights or other rights of third parties. In the event that the content constitutes a rights violation, the responsibility lies entirely with the User.

Privacy

5.1. Protection of Personal Data

EnegalTech acts in compliance with the Personal Data Protection Law No. 6698 (KVKK), the European Union General Data Protection Regulation (GDPR), and the relevant secondary legislation in the processing of personal data. Detailed information regarding the collection, processing, storage, and transfer of personal data is available on our Privacy Policy page.

5.2. Confidentiality Commitment

The Parties undertake not to share, disclose to the public, and to use only for the purpose of performing the agreement, during the business relationship and for 3 (three) years after its termination, all information of a confidential nature including the other party's trade secrets, technical information, business strategies, customer lists, and financial data.

5.3. Cookies and Tracking Technologies

The Website uses cookies and similar tracking technologies to improve user experience, analyze site performance, and deliver personalized content. Detailed information on cookie usage is explained in the Privacy Policy. Pursuant to the Law on the Regulation of Electronic Commerce No. 6563, commercial electronic messages may only be sent with the prior consent of the recipient.

Limitation of Liability

6.1. General Liability Limit

To the maximum extent permitted by applicable law, EnegalTech's total liability under this Agreement shall not exceed the total service fees paid by the User to EnegalTech during the 12 (twelve) month period preceding the event giving rise to the liability. This limitation applies to all claims based on contract, tort (including negligence), strict liability, or any other legal basis.

6.2. Indirect Damages

Under no circumstances shall EnegalTech be held liable for the following types of damages (even if the possibility of such damages has been previously communicated):

• Loss of profit, loss of revenue, or loss of anticipated savings.
• Loss of business opportunity, loss of reputation, or damage to commercial goodwill.
• Loss of data or data corruption.
• Indirect, incidental, special, punitive, or consequential damages.
• Damages arising from third-party products and services.

6.3. Exceptions

These liability limitations shall not apply in cases of willful misconduct or gross negligence pursuant to Article 115 of the Turkish Code of Obligations, in liabilities arising from the unlawful processing of personal data, and in cases where mandatory legal provisions prohibit the limitation. Consumer rights under the Consumer Protection Law No. 6502 are reserved.

Disclaimer of Warranties

7.1. Service Delivery

To the maximum extent permitted by applicable law, the Services are provided on an "as-is" and "as-available" basis. EnegalTech makes no warranties, express or implied, statutory or otherwise. In this regard, all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation, are hereby disclaimed.

7.2. Third-Party Services

The Website may contain links to third-party websites, services, or resources. EnegalTech does not warrant the content, accuracy, security, or availability of these third-party resources and cannot be held liable for damages that may arise from them. Users follow these links at their own risk and responsibility.

7.3. Legal Limitations

Legal warranty rights granted to consumers under the Consumer Protection Law No. 6502 and the regulations related to the implementation of Law No. 6502 are reserved. In the case of defective services, the consumers' elective rights under the Law (re-performance of the service, price reduction, rescission of the contract) cannot be limited by this warranty disclaimer.

Indemnification

8.1. User's Indemnification Obligation

The User accepts and undertakes to indemnify, defend, and hold harmless EnegalTech, its directors, employees, representatives, and business partners against all claims, lawsuits, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from the following:

• Breach of the provisions of this Agreement.
• Actions or omissions contrary to applicable legislation.
• Infringement of the rights of third parties (including intellectual property rights, personality rights, and privacy rights).
• Claims arising from content, data, or materials provided by the User.
• Use of the Services in a manner contrary to this Agreement.

8.2. Indemnification Procedure

Upon becoming aware of any indemnification claim, EnegalTech shall notify the User in writing within a reasonable period. The User agrees to fully cooperate with EnegalTech in the defense of the claim and to comply with EnegalTech's reasonable requests. EnegalTech reserves the right to assume its own defense and conduct settlement negotiations.

Service Modifications

9.1. Right to Modify

EnegalTech reserves the right to change, update, suspend, or terminate the scope, features, technical infrastructure, and pricing of the services it offers at any time. Material changes to the services will be communicated to Users with reasonable advance notice (at least 30 days) through the Website or by email.

9.2. Website Updates

EnegalTech reserves the right to update the design, content, functionality, and technical infrastructure of the Website without prior notice. Temporary interruptions in access to the Website may occur during these updates.

9.3. Maintenance and Outages

Scheduled maintenance is communicated in advance whenever possible and is carried out during low-traffic hours. For unplanned outages, EnegalTech makes reasonable efforts to resolve the issue as quickly as possible. EnegalTech cannot be held responsible for access issues arising from maintenance and outages.

Termination

10.1. Termination by the User

The User may terminate this Agreement at any time by ceasing to use the Website or by canceling their service subscription. For ongoing projects or active service agreements, the termination provisions in the relevant agreements shall apply.

10.2. Termination by EnegalTech

EnegalTech may suspend or permanently terminate the User's access to the services in the following cases:

• Breach of the provisions of this Agreement.
• Engaging in activities contrary to applicable legislation.
• Failure to fulfill payment obligations on time (within 15 business days after a written notice).
• Misuse of services or infringement of the rights of third parties.
• Bankruptcy of the User, filing for concordat, or entering into liquidation proceedings.

10.3. Consequences of Termination

In the event of termination of the Agreement:

• The User's right to access the services shall be terminated.
• Payment obligations accrued up to the date of termination shall continue.
• Provisions relating to intellectual property rights, confidentiality, limitation of liability, indemnification, and dispute resolution shall survive termination.
• Data belonging to the User shall be delivered to the User upon request within 30 days from termination; otherwise, it shall be deleted or anonymized in accordance with KVKK provisions.

Dispute Resolution

11.1. Governing Law

This Agreement is governed by and shall be construed in accordance with the laws of the Republic of Turkey. In the interpretation and application of this Agreement, the Turkish Code of Obligations No. 6098, the Turkish Commercial Code No. 6102, the Consumer Protection Law No. 6502, the Law on the Regulation of Electronic Commerce No. 6563, and the relevant legislation shall prevail.

11.2. Amicable Resolution

The Parties shall endeavor to resolve any dispute that may arise from or in connection with this Agreement, including any breach, termination, validity, or interpretation thereof, primarily through good-faith negotiations. The subject matter of the dispute shall be communicated in writing by one party to the other, and the parties shall attempt to reach a settlement within 30 (thirty) days from the date of notification.

11.3. Mediation

For commercial disputes that cannot be resolved through negotiation, the mandatory mediation provisions under the Law on Mediation in Civil Disputes No. 6325 and the Labor Courts Law No. 7036 are reserved. A mediator or mediation center operating in Istanbul shall be appointed during the mediation process that is a condition for filing a lawsuit.

11.4. Competent Court

The Istanbul Courts and Enforcement Offices shall have exclusive jurisdiction for the resolution of any dispute arising from or related to this Agreement. In consumer disputes under the Consumer Protection Law No. 6502, the jurisdiction of the Consumer Arbitration Committees and Consumer Courts at the consumer's place of residence is reserved.

11.5. Consumer Rights

Users who qualify as consumers cannot waive their rights under the Consumer Protection Law No. 6502. In consumer disputes, the relevant Consumer Arbitration Committee or Consumer Court may be applied to depending on the dispute amount. The annual communiques of the Ministry of Trade shall be taken as the basis for current monetary limits.

Force Majeure

12.1. Force Majeure Events

Neither party shall be held liable for failure to fulfill its contractual obligations due to extraordinary circumstances (force majeure) beyond their control that cannot be prevented by reasonable measures. Force majeure events include but are not limited to the following:

• Natural disasters (earthquakes, floods, storms, fires, epidemics).
• War, civil war, terrorism, civil unrest, embargo, or blockade.
• Government decisions, legal regulations, sanctions, or import/export restrictions.
• Strikes, lockouts, or other industrial actions.
• Internet infrastructure failures, cyberattacks, widespread power outages, or telecommunications failures.
• Outages of third-party service providers (cloud infrastructure, data centers, API providers, etc.).

12.2. Notification Obligation

The party affected by a force majeure event is obligated to inform the other party in writing as soon as possible (within 7 business days at the latest) and to make reasonable efforts to mitigate the effects of the force majeure.

12.3. Extended Force Majeure Events

If the force majeure event exceeds 90 (ninety) days, either party may terminate the Agreement by providing written notice to the other party. In such a case, the parties shall mutually settle for the performances fulfilled up to the date of termination and outstanding payments shall be made.

Severability

If any provision of this Agreement is found to be invalid, void, or unenforceable by a competent court or administrative authority, such provision shall become ineffective only to the extent found to be invalid or unenforceable. The remaining provisions of the Agreement shall continue to remain in full force and effect and shall retain their validity.

The invalid or unenforceable provision shall be reinterpreted in the manner closest to the original intent of the parties and in compliance with applicable legislation, or shall be revised by mutual agreement of the parties.

The failure of any party to exercise or delay in exercising any right or authority under this Agreement shall not be construed as a waiver of such right or authority. The exercise of any right or authority, in whole or in part, shall not prevent the exercise of other rights or authorities.

Amendments

14.1. Right to Amend

EnegalTech reserves the right to change, update, or revise these Terms of Service at any time, at its sole discretion. The amendments shall take effect on the date of publication on the Website.

14.2. Notification

Material changes to the Terms of Service shall be communicated to Users through one or more of the following methods:

• Publishing a prominent announcement on the Website.
• Sending an email notification to registered Users.
• Providing information through a pop-up upon first visit to the Website.

The information obligations of the service provider under the Law on the Regulation of Electronic Commerce No. 6563 and the related regulations are reserved.

14.3. Acceptance

Your continued use of the Website after the publication of the amendments constitutes your acceptance of the updated Terms of Service. If you do not accept the amendments, you must immediately cease using the Website and the Services.

Contact

For questions, comments, or requests regarding these Terms of Service, you can reach us through the following contact channels:

EnegalTech Teknoloji
Istanbul, Turkey

Email: info@enegaltech.com

Website: www.enegaltech.com

For data subject applications under KVKK, you can submit a written application to info@enegaltech.com. Your applications will be responded to within 30 (thirty) days at the latest, in accordance with Article 13 of KVKK.

For complaints and applications under the Consumer Protection Law No. 6502, you can contact the Ministry of Trade Consumer Complaint Hotline (ALO 175) or apply to the Consumer Information System (TUBIS) through e-Government.