This General Service Agreement governs the terms of service use and the mutual rights and obligations of the Parties, between Tres Teknoloji A.Ş. ('TRES') and the natural or legal persons ('the CUSTOMER') who benefit from the cloud and managed infrastructure services provided by TRES. Before ordering any service, the CUSTOMER is obliged to carefully read this agreement and its integral parts, namely the Terms of Service Use, the Service Level Agreement (SLA), the KVKK Disclosure Statement, and the Privacy and Cookie Policies.
This General Service Agreement has been concluded in electronic form between Tres Teknoloji A.Ş. ('TRES' or 'the Company'), located at Atatürk Mh. Ertuğrul Gazi Sk. No: 2E/331 Ataşehir / İSTANBUL, registered with the Kozyatağı Tax Office under tax number 8591277092 and Mersis number 0859127709200001, and the natural or legal person who purchases the services provided by TRES ('the CUSTOMER'). TRES and the CUSTOMER are together referred to as 'the Parties'.
The subject of the agreement is the determination of the rights and obligations of the Parties with respect to the services ordered by the CUSTOMER in electronic form through the website or Customer Panel belonging to TRES. By approving the agreement in electronic form, the CUSTOMER declares that it accepts the provisions of the agreement, its integral annexes, and the updates that may be made by TRES in accordance with the procedure set out in this agreement.
The principal terms used in this agreement have the following meanings:
TRES provides cloud server, Kubernetes, storage, network and managed infrastructure services, invoiced on an hourly or periodic basis, together with related value-added internet services, through the infrastructure it operates in data center facilities of Tier III+ standard. The features and prices of the services are set out on the TRES website or in the written offers delivered to the CUSTOMER.
The infrastructure relating to the service is located in Tier III+ data centers operated by TRES or from which services are procured, and the data belonging to the CUSTOMER is hosted within the borders of the Republic of Türkiye.
TRES may improve or update the content and technical features of the service, having regard to the continuity of the service.
This agreement is valid for the term of any additional service commitment, if any; in the absence of an additional commitment, for the selected payment period. Unless terminated by one of the Parties, the agreement renews automatically on the same terms.
For services invoiced on a usage basis (hourly), the agreement remains in force for as long as the relevant service remains active.
The ordered service is activated as soon as technically possible following receipt of payment, and the access details are sent to the CUSTOMER's registered e-mail address. During account creation, the CUSTOMER verifies its e-mail and telephone number.
The CUSTOMER is responsible for the confidentiality of the account's username, password and access keys, and for all transactions carried out with them. TRES offers additional security measures such as two-factor authentication (2FA); enabling these is recommended. In the event of suspicion of unauthorized access, the CUSTOMER shall inform TRES without delay and change its password.
Within the scope of this agreement, TRES undertakes the following:
The legal and criminal liability arising from all content hosted and published by the CUSTOMER through the service belongs exclusively to the CUSTOMER. The CUSTOMER accepts and undertakes the following:
The following forms of use and types of content are strictly prohibited across all TRES services. In the event that a violation is detected, the service may be suspended or terminated without prior notice, and the fees paid are non-refundable; TRES reserves the right to notify the legal authorities where necessary and to recover from the CUSTOMER the damages it incurs as a result. The prohibited uses and content are as follows:
TRES targets a monthly availability (uptime) level of 99.9% for its server and network infrastructure. This target applies to services whose payments are current and which are in active status. Availability is calculated separately for each calendar month; downtime is the period during which the service is recorded by TRES's monitoring systems as completely inaccessible.
If, in the relevant month, availability falls below the 99.9% target after deducting the out-of-scope cases listed below, then upon the CUSTOMER's request a service credit proportional to the downtime is credited based on the fee of the affected service for that month. The service credit is not refunded in cash; it is offset against the next period's service fee and may not exceed the service fee for the relevant month. A service credit request must be submitted through the Customer Panel within 7 (seven) days following the month in which the downtime occurred; no right to compensation arises for requests not submitted within this period.
The cases falling outside the scope of the availability guarantee are as follows:
Service fees are calculated according to the selected package and usage-based metering, and as a rule are collected in advance or periodically. For cloud services invoiced hourly, consumption is invoiced at the end of the relevant period. Payments are collected securely via 3D Secure through the virtual POS infrastructure offered by TRES; card details are not stored by TRES. In the event of default in payment, TRES reserves the right to suspend or terminate the service. The refund conditions are as follows:
From time to time, TRES may provide pre-release services and features offered under labels such as 'beta', 'preview', 'experimental' or similar. These products are in the development stage and are not guaranteed for production workloads.
Beta products are provided 'as is'; they are outside the scope of the SLA, the availability guarantee and service credit. TRES may change, restrict or terminate beta products without prior notice. The CUSTOMER uses beta products at its own risk.
The CUSTOMER is obliged to regularly back up the applications, content and data it hosts on the service. Unless a backup or disaster recovery service has been expressly purchased, TRES is not obliged to keep backups of the CUSTOMER's data; and such services do not eliminate this responsibility of the CUSTOMER.
In the event of the expiry of the agreement or the cancellation of the service, the CUSTOMER shall have a reasonable period to migrate its data; upon request, TRES shall assist the CUSTOMER in exporting the data to the extent technically possible. After 30 (thirty) days from the date of termination or cancellation, TRES reserves the right to permanently delete the data and configurations belonging to the CUSTOMER. Records whose retention is mandatory under legislation (e.g. logs under Law No. 5651) are retained for the relevant legal periods.
The Parties undertake to protect the confidential information they access within the scope of the agreement and to use it only for the purpose of the agreement; this obligation continues after the expiry of the agreement.
The processing of personal data is governed by Law No. 6698 (KVKK / Personal Data Protection Law) and the provisions of the KVKK Disclosure Statement and Privacy Policy published by TRES. Data belonging to the CUSTOMER is hosted within the borders of the Republic of Türkiye; TRES takes the necessary technical and administrative measures within the scope of the ISO/IEC 27001 Information Security Management System and in compliance with the log retention obligations of Law No. 5651.
All intellectual and industrial property rights in the software, panel interface, trademark, logo, domain name, documentation and infrastructure belonging to TRES belong to TRES or its licensors. This agreement grants the CUSTOMER only a limited, non-exclusive and non-transferable right of use for the purpose of benefiting from the service; it does not constitute any transfer of ownership.
The rights relating to the content and data hosted by the CUSTOMER on the service remain with the CUSTOMER. The CUSTOMER may not reverse-engineer TRES's software and services, copy them, or make them available to third parties without authorization.
TRES provides the service with the utmost care and professionalism within the framework of available technological means. Nevertheless, TRES cannot be held liable for data losses resulting from the CUSTOMER's fault or misconfiguration, third-party software and services, force majeure events, or the CUSTOMER's failure to take backups.
TRES's total liability arising from this agreement shall in no event exceed the total amount paid by the CUSTOMER for the relevant service in the 3 (three) months preceding the date on which the event giving rise to the compensation claim occurred. TRES is not liable for loss of profit, loss of business, loss of reputation, or indirect, incidental or consequential damages.
The limitations in this article apply to the maximum extent permitted by the applicable mandatory rules of law; TRES's liability arising from its intent or gross negligence is reserved.
The CUSTOMER may terminate the agreement at any time by canceling the service through the Customer Panel.
When TRES wishes to terminate the service, it shall notify the CUSTOMER in writing (by e-mail or Customer Panel notification) at least 30 (thirty) days in advance, and the service is maintained without interruption during this period.
In the presence of just causes such as unlawful use, a material breach of this agreement or of the Terms of Service Use, or failure to fulfill the payment obligation, TRES may suspend the service and terminate the agreement without waiting for the 30-day period.
In the event of termination, the right to a refund applies only within the framework of the conditions set out in the 'Fees, Payment and Refunds' article; for terminations falling outside these conditions, no refund of the fee is made for the unused service period.
Events arising beyond the control of the Parties — such as war, natural disaster, epidemic, terrorism, state of emergency, cyberattack, decisions of official authorities, and outages originating from upstream network operators or infrastructure providers — are deemed force majeure. In the event of force majeure, the relevant party cannot be held liable for failing to fulfill its obligation. If the force majeure exceeds 30 (thirty) days, the Parties may terminate the agreement.
The address and e-mail details of the Parties specified in this agreement and registered in the Customer Panel are accepted as valid notification addresses. Notifications made to the CUSTOMER's registered e-mail address are deemed valid notification made to it; changes of address are reported to the other party without delay.
The CUSTOMER may not assign its rights and obligations arising from this agreement to third parties without the written consent of TRES. TRES may assign the agreement to its affiliates or successors, provided that it does not affect the continuity of the service.
TRES may update this agreement, its annexes and the fee schedules due to changes in legislation or the development of the service. Material changes are notified to the CUSTOMER's registered e-mail address or through the Customer Panel a reasonable time before they enter into force. The CUSTOMER's continued use of the service after the change means that it accepts the updated provisions.
The invalidity or unenforceability of any provision of this agreement does not affect the validity of the other provisions; the invalid provision is deemed to be replaced by a valid provision closest to the original intent of the Parties.
The failure of one of the Parties to exercise, or the late exercise of, a right arising from the agreement does not mean a waiver of that right.
This agreement and its integral parts — the Terms of Service Use, the SLA, the KVKK Disclosure Statement, and the Privacy and Cookie Policies — constitute the entire understanding between the Parties. Stamp duty and similar financial obligations relating to the agreement are subject to the relevant legislation.
Turkish law applies to the interpretation and implementation of this agreement. The Istanbul (Anadolu) Courts and Enforcement Offices have jurisdiction over the resolution of disputes that may arise from the agreement. Where the CUSTOMER has the status of a consumer, the right to apply to the consumer arbitration committees and consumer courts within the relevant monetary limits is reserved.
This agreement enters into force upon the CUSTOMER's approval of the agreement in electronic form when registering or placing an order through the TRES website or Customer Panel, and all its provisions are deemed to have been accepted by the CUSTOMER.
This English text is an unofficial translation provided for information purposes only. In case of any discrepancy, the Turkish (Türkçe) version prevails and is the sole legally binding text.