Last Update Date: September 10, 2024
This Nywhash Services General Agreement (hereinafter referred to as the "Agreement") has been drafted to regulate the legal relationship between Nywhash Software Limited Company (hereinafter referred to as "Nywhash"), headquartered in Turkey, and the natural or legal person who benefits from all products and services offered by Nywhash (hereinafter referred to as the "User" or "Customer"), and to define the rights and obligations of the parties. The User declares that by registering for the Nywhash platform or using any of the services offered, they have read, understood, and accepted all terms of this Agreement as binding.
The following terms used in this Agreement text shall have the meanings indicated next to them:
2.1. Purpose: The subject of this Agreement is to determine the terms under which the User benefits from the Services offered by Nywhash, payment conditions, mutual rights and obligations of the parties, and dispute resolution methods.
2.2. Scope: This Agreement applies to all Services accessible by the User through a single Nywhash account. For some special services (e.g., enterprise cloud solutions), special service terms ("Additional Terms") may be provided in addition to this general agreement. In case of conflict between the Additional Terms and this Agreement, the Additional Terms for the relevant service shall prevail.
3.1. Account Creation: The User is obliged to provide the information requested in the registration form (name, surname, email, date of birth, etc.) accurately, completely, and up-to-date. The User is responsible for any damages arising from incorrect or incomplete information.
3.2. Age Limitation: Users wishing to benefit from Nywhash services must be at least thirteen (13) years old, or if under thirteen, they may only use the services under the explicit consent and supervision of their legal representatives (parent or guardian). Nywhash reserves the right to perform automatic age verification based on the date of birth information declared by users but has no obligation to verify or monitor the actual age. All legal liabilities arising from users providing false or misleading date of birth information belong to the relevant user and their legal representative, if any.
3.3. Account Security: The User is solely responsible for maintaining the confidentiality and security of their account password and other access credentials (API keys, etc.). They are obliged to notify Nywhash immediately in case of unauthorized use of the account or any security breach. Nywhash cannot be held liable for damages arising from negligence in password security.
4.1. Nywhash's Rights and Obligations:
4.2. User's Rights and Obligations:
Carrying out the following activities using Nywhash services is strictly prohibited. Detection of such activities may result in immediate and unquestionable suspension or termination of the account:
6.1. Nywhash's Ownership: All software, designs, trademarks, logos, texts, and codes provided within the scope of the Services are the intellectual property of Nywhash or other licensors. The User is granted only a limited, non-transferable, non-exclusive right to use for the purpose of using the services.
6.2. User Content: The User accepts and undertakes that they are the owner or legal licensee of the intellectual property rights of all Content they upload to the systems. The User grants Nywhash a worldwide, royalty-free license to host, reproduce, transmit, and display the relevant Content solely for the purpose of providing the services.
Nywhash values the User's privacy. All details regarding the collection, processing, and protection of personal data are regulated in the Privacy Policy and KVKK Clarification Text published on the website, which are integral parts of this Agreement. The User is deemed to have accepted these policies by using the services.
8.1. Pricing: Service fees are determined according to the current price list announced on the Nywhash website. Nywhash reserves the right to change service fees.
8.2. Payment: Payments are made in advance via credit card, bank transfer, or other methods offered by Nywhash. Credit card information is stored securely using PCI-DSS compliant, encrypted, and tokenization systems. For recurring services, an automatic payment instruction may be obtained at the beginning of the billing period.
8.3. Account Balance: Balances loaded into the account by the User can only be used for purchasing Nywhash services without cash refund.
8.4. Refund Policy: Within the scope of digital services offered by Nywhash, only 80% of the fee for shared hosting services can be refunded to your account balance. Refunds are not possible for software products activated at the time of purchase, web design services, or graphic designs prepared specifically for individuals. Refund requests are not accepted after the purchase of such digital products and services, and users should carefully review the scope of the services and refund conditions before purchasing.
9.1. Effectiveness: This Agreement enters into effect indefinitely at the moment the User creates an account or starts using the services.
9.2. Termination by User: The User may terminate the Agreement at any time by closing their account via the customer panel or by creating a support request. In case of termination, prepaid fees will not be refunded.
9.3. Termination by Nywhash: Nywhash may terminate the Agreement unilaterally and immediately in the following cases:
9.4. Consequences of Termination: Upon termination of the Agreement for any reason, all data in the User's account may be permanently deleted. Nywhash has no obligation to retain data.
10.1. Warranty Disclaimer: Nywhash provides the services "AS IS" and "AS AVAILABLE". No express or implied warranty is provided that the services will be uninterrupted, error-free, secure, or fully meet the User's specific expectations.
10.2. Limitation of Liability: Nywhash shall in no event be liable for indirect, incidental, or special damages such as data loss, loss of profit, business interruption. Nywhash's total financial liability arising from this Agreement shall, in any case, be limited to the service fee paid by the User in the last one (1) month preceding the event causing the damage.
In case of events beyond the control of the parties that are unforeseen and unavoidable (Force Majeure) such as natural disasters, war, terrorist acts, cyber attacks, power outages, legal regulations, the parties cannot be held responsible for failure to perform their obligations.
The laws of the Republic of Turkey shall apply to the resolution of any disputes arising from the interpretation and implementation of this Agreement. The Courts and Enforcement Offices of the City Where the Tax Office is Registered shall have exclusive jurisdiction for the resolution of disputes.
13.1. Integrity of the Agreement: This Agreement, together with its annexes and the policies published on the website, constitutes the entire agreement between the parties.
13.2. Assignment: The User cannot assign the rights and obligations arising from this Agreement to a third party without the prior written consent of Nywhash. Nywhash reserves the right to assign the Agreement to its affiliates or successor companies at any time.
13.3. Notifications: All notifications between the parties shall be made via the User's registered email address or through Nywhash's official website/customer panel. Notifications made by email shall be deemed delivered at the time of sending.
13.4. Amendments: Nywhash has the right to amend this Agreement unilaterally at any time. Amendments shall be effective from the date of publication on the website. The User's continued use of the services signifies acceptance of the amended terms.
This Agreement consists of 13 main articles and has been read and accepted by the User.
Last Update Date: September 15, 2024
This Privacy Policy explains how Nywhash Software Limited Company ("Nywhash" or the "Company") collects, for what purposes processes, with whom it may share, how we ensure data security regarding your personal data, and your rights regarding your personal data within the scope of all services we provide ("Services") to our users ("User" or "You"). Nywhash acts as the "Data Controller" in accordance with the Personal Data Protection Law No. 6698 ("KVKK") and attaches the utmost importance to the privacy and security of your personal data. This policy is an integral part of the Nywhash Services General Agreement.
Nywhash collects and processes the data necessary for the provision of the Services, through the methods and in the categories specified below:
1.1. Data Provided Directly by You:
1.2. Data Collected Automatically During Use of Services:
Your personal data is processed for the following purposes based on the legal grounds specified in Articles 5 and 6 of the KVKK:
Your personal data is never shared with third parties for marketing purposes without your explicit consent. Data sharing is limited only to the following situations and purposes:
Cookies are small text files saved to your browser when you visit our website. We use cookies for the following purposes:
You can manage or delete your cookie preferences as you wish through your browser settings.
Nywhash takes all necessary technical and administrative measures to ensure the security of your personal data. In this context:
As the owner of personal data, you have the following rights:
You can contact us through the communication channels specified in Article 9 to exercise these rights.
Your personal data is retained for the period stipulated by the relevant legislation or necessary for the purpose for which they are processed. Upon the expiration of legal retention periods or the cessation of the processing purpose, your personal data is deleted, destroyed, or anonymized in accordance with the Nywhash Data Retention and Destruction Policy.
Nywhash may update this Privacy Policy from time to time in line with legal regulations or changes in services. The current version of the policy is always published on our website. Significant changes will be separately notified to you via email or through the control panel.
You can contact the Data Controller with the information below for any questions, requests, and complaints regarding this Privacy Policy and your personal data:
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