Terms of Service / Service Agreement

Version

1.1

Effective date

6 November 2026

Last updated

9 November 2026

About this translation: This English text is a translation of the Turkish original, provided for information only. The Turkish version is the binding text and prevails in the event of any discrepancy. This translation is pending legal review.

Service Provider: PROTOOLBAG YAZILIM TEKNOLOJİLERİ A.Ş., Bilişim Vadisi, Gülbahçe Mah. İçmeler Cad. No:14/1 İç Kapı No: B05, Urla / İzmir, Türkiye · info@protoolbag.com

1. Parties and Definitions

These Terms of Service (the "Agreement") are entered into between PROTOOLBAG YAZILIM TEKNOLOJİLERİ A.Ş. ("Protoolbag", the "Service Provider"), established at Bilişim Vadisi, Gülbahçe Mah. İçmeler Cad. No:14/1 İç Kapı No: B05, Urla / İzmir, Türkiye, and the legal/natural person ("Customer", "Tenant") subscribing to the Protoolbag SaaS platform (the "Service", the "Platform").

• Platform: The multi-tenant SaaS product family offered from a single application portal: PMS (facility/IoT monitoring), FixFlow (maintenance/CMMS), PHR (HR/payroll), PPM (project management), PEM (energy management), CRM and the operator console.
• User: An authorised person invited by the Customer who accesses the Platform.
• Customer Data: The business data uploaded to or created on the Platform by the Customer/Users and the personal data contained therein.

2. Formation of the Agreement and Acceptance

Registering on the Platform (by invitation), creating an account or using the Service constitutes acceptance of this Agreement, the Privacy Policy and — where personal data is processed — the Data Processing Agreement. The "I accept the Terms of Service" confirmation given during registration relates to the version of this document in force at the time of confirmation.

3. Subscription, Plans and Fees

• The Service is provided according to the selected subscription plan (e.g. Free / Starter / Pro / Enterprise). The plan scope, quotas and fees are set out on the protoolbag.com/en/pricing page and/or in the quotation or order form presented to the Customer.
• Charges may consist of the plan tier + quota + credit/overage items; the current structure is shown in the order form.
• Payments are made in accordance with the period, currency and tax terms specified in the quotation or order form. Until an online payment infrastructure is put into service, payments are received by bank transfer/EFT; the subscription is activated once payment is confirmed.
• Changes to fees are notified at least 30 days in advance.

4. Acceptable Use

The Customer and Users:

• Use the Service only for lawful purposes and in accordance with this Agreement,
• Do not attempt to circumvent the security, multi-tenant isolation or access controls of the Platform,
• Do not attempt to gain unauthorised access to the data of other tenants,
• Do not upload malicious software or disrupt the Service with excessive/automated load,
• Do not upload content that infringes the rights of third parties (intellectual property, personal data),
• Are themselves responsible for providing the necessary legal basis, consents and privacy notices with respect to the Customer Data they upload (in particular HR/CRM personal data; the Customer is the data controller for such data).

You may report security vulnerabilities to info@protoolbag.com; reports are handled in accordance with our coordinated vulnerability disclosure policy.

5. Intellectual Property

• The Platform, software, design and trademarks belong to Protoolbag (or its licensors); this Agreement grants only a limited, non-transferable, non-exclusive right of use.
• Customer Data belongs to the Customer. Protoolbag has only a limited right, bound by instructions, to process Customer Data as necessary to provide the Service (see the DPA).

6. Service Level (SLA), Support and Release Lifecycle

• Support, release lifecycle, security update periods and the support period commitment are defined in Protoolbag's support and lifecycle policy; it is made available to the Customer upon request.
• Target remediation times for reported security vulnerabilities: Critical 14 days · High 30 days · Medium 90 days.
• A numerical availability (uptime) commitment applies only if it is specified in the quotation/order form or in a service level agreement separately signed between the parties. The service status can be monitored at protoolbag.com/en/status.

7. Protection of Personal Data

The processing of personal data is carried out in accordance with the Privacy Policy, the KVKK Privacy Notice and the Data Processing Agreement. For personal data in Customer Data, the Customer is the data controller and Protoolbag is the data processor.

8. Confidentiality

The parties protect the trade secrets and confidential information they learn in the course of this relationship and use them only for the purposes of the Agreement. This obligation continues after the termination of the Agreement.

9. Limitation of Liability

• The Service is provided "as is" and "as available"; subject to mandatory statutory warranties, implied warranties are excluded.
• Protoolbag's total liability is limited to the fees paid by the Customer in the 12 months preceding the event giving rise to the claim.
• Liability for indirect, incidental, special or consequential damages (loss of profit, loss of data, etc.) is excluded to the maximum extent permitted by applicable law.
• Cases of wilful misconduct and gross negligence and mandatory consumer/personal data provisions are reserved.

10. Termination

• Either party may terminate the Agreement by written notice with effect from the end of the subscription period specified in the quotation/order form.
• In the event of a material breach of the Acceptable Use provisions, payment default or unlawful use, Protoolbag may suspend access or terminate after granting a reasonable cure period; in emergencies endangering the security of the Service, access may be suspended immediately.
• Free plans/trial periods may be ended at Protoolbag's reasonable discretion.

11. Data Return and Erasure upon Termination

• Upon termination/expiry, the Customer may export Customer Data within 30 days using the platform's data export feature (JSON/CSV package).
• At the end of this period, Customer Data is irreversibly erased or anonymised through the tenant data erasure process in accordance with the DPA (linked records are deleted in sequence, the erasure is verified and a record of the erasure operation is kept). Financial records subject to statutory retention obligations may be excepted.

12. Governing Law and Jurisdiction

• This Agreement is governed by the laws of the Republic of Türkiye.
• The courts and enforcement offices of the Republic of Türkiye have jurisdiction over disputes. Mandatory jurisdiction rules in consumer transactions are reserved.

13. Changes and Miscellaneous

• Protoolbag may update this Agreement; material changes are notified at least 30 days in advance and published at protoolbag.com/en/legal/terms-of-service. The number and effective date of each version are shown below the title, and changes are shown in the version history at the end of the document.
• The invalidity of any provision of this Agreement does not affect the validity of the other provisions.
• Notices to the parties are sent, for Protoolbag, to info@protoolbag.com and, for the Customer, to the e-mail address registered in the account.

Version history