TERMS OF SERVICE AND USAGE AGREEMENT

1. Parties

This Terms of Service and Usage Agreement (the "Agreement") is entered into between ESD Pro Information Technologies Software Industry and Trade Limited Company (hereinafter referred to as "ESD Pro" or "Service Provider") and the real or legal person using the services ("Customer").

2. Subject of the Agreement

This Agreement governs the terms and conditions for the use of server, VDS, hosting, domain, and software services provided by ESD Pro, as well as the rights and obligations of the parties.

3. Definitions

• Service: Server, VDS, hosting, domain registration/management, and software services

• Customer: The real or legal person using the services

• Panel: Management panels such as ViseCP, Plesk, or similar systems

4. Scope of Services

4.1. Server / VDS Services: Physical or virtual server allocation and related infrastructure services.

4.2. Hosting Services: Web and email hosting services.

4.3. Domain Services: Domain name registration, renewal, and DNS management.

4.4. Software Services: Software developed, licensed, or customized by ESD Pro.

5. Customer Obligations

5.1. The Customer agrees to use the services in compliance with applicable laws and regulations.

5.2. Illegal content, spam, malware distribution, DDoS attacks, and copyright violations are strictly prohibited.

5.3. The Customer is responsible for maintaining the confidentiality of account credentials.

6. Service Provider Rights and Obligations

6.1. ESD Pro shall make reasonable efforts to ensure service continuity.

6.2. Service interruptions may occur during scheduled maintenance.

6.3. ESD Pro may disclose customer information to authorized authorities when legally required.

7. Fees and Payments

7.1. Service fees are charged according to the prices specified at the time of purchase.

7.2. Unpaid services may be suspended or terminated.

7.3. Domain services are subject to the rules of the relevant registration authorities.

8. Suspension and Termination

8.1. ESD Pro reserves the right to suspend or terminate services in case of breach of this Agreement.

8.2. The Customer may terminate the service by providing written notice.

9. Data Security and Confidentiality

9.1. ESD Pro takes reasonable technical and administrative measures to protect customer data.

9.2. Unless otherwise stated, the Customer is responsible for data backups.

10. Limitation of Liability

10.1. ESD Pro shall not be liable for indirect damages, loss of profit, or data loss.

10.2. Liability is limited to the amount paid for the relevant service.

11. Force Majeure

Events beyond the control of ESD Pro, including natural disasters, wars, strikes, or infrastructure failures, shall be considered force majeure.

12. Amendments

ESD Pro reserves the right to amend this Agreement. Updates become effective upon publication on the website.

13. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the Republic of Türkiye. Courts and Enforcement Offices of Kocaeli shall have exclusive jurisdiction.

14. Effective Date

This Agreement enters into force upon the Customer’s use of the services.

PERSONAL DATA PROTECTION AND PRIVACY POLICY

1. Parties

This Personal Data Protection and Privacy Policy (the "Policy") is established by ESD Pro Information Technologies Software Industry and Trade Limited Company ("ESD Pro" or "Data Controller") for users and customers of its services.

2. Purpose and Scope

This Policy regulates the processing, storage, protection, and destruction of personal data in accordance with applicable data protection legislation, including Law No. 6698 on the Protection of Personal Data (KVKK).

3. Definitions

• Personal Data: Any information relating to an identified or identifiable natural person

• Data Controller: ESD Pro

• Data Processor: A real or legal person processing personal data on behalf of the Data Controller

4. Processed Personal Data

ESD Pro may process the following personal data:

• Identity information (name, surname, national ID where required)

• Contact information (phone number, email address, postal address)

• Billing and payment information

• IP address, traffic data, and log records

• Service usage and transaction records

5. Purposes of Processing Personal Data

Personal data are processed for the following purposes:

• Provision and performance of services

• Customer relationship management and support

• Billing and accounting processes

• Compliance with legal obligations

• Information security and system integrity

6. Collection Method and Legal Basis

Personal data are collected via websites, customer panels, contracts, electronic forms, and support channels based on the legal grounds specified in Articles 5 and 6 of KVKK.

7. Transfer of Personal Data

Personal data may be transferred, in compliance with applicable legislation, to:

• Authorized public institutions and authorities

• Business partners providing accounting, legal, or infrastructure services

• Domestic or international domain registrars and hosting providers where necessary

8. Data Security

ESD Pro implements appropriate technical and administrative measures to ensure the security of personal data.

9. Data Retention Period

Personal data are retained for the periods stipulated by relevant legislation or as required for processing purposes and are deleted, destroyed, or anonymized upon expiration.

10. Rights of the Data Subject

Pursuant to Article 11 of KVKK, data subjects have the right to:

• Learn whether personal data are processed

• Request information regarding processed data

• Learn the purpose of processing and whether data are used accordingly

• Request correction, deletion, or destruction of personal data

• Learn third parties to whom data are transferred

• Claim compensation for damages arising from unlawful processing

11. Cookies

Cookies may be used on websites and panels to enhance user experience and ensure security.

12. Confidentiality

Personal data shall not be disclosed to third parties except as required by law.

13. Amendments

ESD Pro reserves the right to amend this Policy. Updates become effective upon publication.

14. Effective Date

This Policy becomes effective upon use of the services.

15. Governing Law and Jurisdiction

This Policy shall be governed by the laws of the Republic of Türkiye. Courts and Enforcement Offices of Kocaeli shall have jurisdiction.