Service Agreement (SaaS Subscription)

Article 1 — Parties

1.1. This agreement is concluded between Topluyıldız Danışmanlık A.Ş., with its registered office in Türkiye (the «Provider»; e-mail sales@mybusyness.com), and the business that opens a business account in mybusyness (the «Customer»).

1.2. Topluyıldız Danışmanlık A.Ş. has no establishment and no subsidiary in the Netherlands or anywhere else in the European Union.

1.3. The Customer declares that it acts for commercial or professional purposes (see D-15 · Business Customer Declaration). The Service is not provided to consumers.

Article 2 — Terms (defined once)

The terms in Article 2 of D-05 · Terms of Use (Membership Agreement) also apply here. In addition:

Article 3 — Subject matter

3.1. The Provider makes the mybusyness software available as a service over the internet; the Customer pays the subscription fee for it.

3.2. The scope and limits of the Service and the actions locked in code are governed by D-05 · Article 5; these provisions form part of this agreement.

Article 4 — Plans, prices and quotas

4.1. The following plans apply in the Netherlands region:

4.1a. The Limited Access plan includes the General Manager cockpit, the Accounting and Sales virtual collars, COPAI masking, the approval engine, the audit trail, the document area and the Excel-CSV bridge; HR, Purchasing, Import, Export, the integration vault, the operator for systems without an interface and bulk migration («Move my system») are closed. The free trial starts with the Starter scope; the Limited Access plan is assigned only on purchase.

4.2. All prices exclude VAT (BTW). There are no other hidden costs. The monthly subscription is paid monthly; with annual prepayment (12 months), payment is made with a single annual invoice and the annual price above applies. Purchase requests go to sales@mybusyness.com.

4.3. On-Premise. The On-Premise installation is offered from the entry price stated above, excluding VAT (BTW); the scope of installation, GPU requirements, timetable, final price and payment schedule are set out in a separate quote and agreement.

4.4. WHEN THE QUOTA IS REACHED. At 80% of the quota, a warning appears in the application. When the quota is reached: (a) only the start of new jobs stops; (b) records, documents created, the approval queue and the audit trail remain accessible; (c) no extra charges arise, no automatic plan change takes place, no data is deleted and no account is closed; (d) the quota is reset at the start of the period.

4.5. Jobs without a language model use no credits. Jobs with a local model do not count towards the quota.

4.6. DAILY LIMITS. Daily limits apply for the stability of the system (for example for job files and outgoing messages). When a limit is reached, a visible warning appears; the operation is not silently dropped.

Article 5 — Trial period

5.1. When the business is set up, a free trial period of 3 days begins and 500 credits are credited to the business. No credit card is required.

5.2. During the trial period, the Service offered in the Netherlands region is fully available.

5.3. When the trial period ends, only the start of new jobs stops; records and the audit trail are kept and remain viewable.

5.4. After the trial period, no subscription starts automatically and no automatic charge is made. A subscription starts only at the Customer's express request.

Article 6 — Payment

6.1. METHOD OF PAYMENT. The fee is paid against the Provider's invoice by bank transfer. No card data is requested on the website or in the application. Purchase requests go to sales@mybusyness.com; once the scope has been agreed, the invoice is issued, and the Customer's account or package is activated on the day the payment reaches the Provider.

6.2. The invoice is issued at the start of the period and is payable within 14 days of the invoice date.

6.3. In the event of late payment, the Service is not interrupted immediately. First, a written reminder is sent with a period of at least 15 days; if payment is not made within this period, the Service may be suspended. Even on suspension, no data is deleted and the Customer's right to export data remains.

Article 7 — CHANGES TO PRICES AND QUOTAS

7.1. NO UNILATERAL CHANGE TO THE CUSTOMER'S DISADVANTAGE. The Provider cannot unilaterally change the fee or the quota to the Customer's disadvantage.

7.2. PROCEDURE. If the fee or the quota is to be changed to the Customer's disadvantage: (a) the change and the reasons are communicated at least 30 days in advance in the application and by e-mail; (b) if the Customer does not accept the change, it can terminate at the end of the current period without cost; (c) in the event of termination, the Customer can export its data under Article 10; (d) the change applies only once (a) and (b) have been complied with and only for the future; it is not applied to past periods.

7.3. Changes in the Customer's favour (a discount, a higher quota) can take effect immediately upon notice.

7.4. Statutory changes to tax rates do not fall under this article, but are communicated to the Customer without delay.

Article 8 — Continuity and maintenance

8.1. NO AVAILABILITY PERCENTAGE IS GUARANTEED IN THIS VERSION. The Provider undertakes to keep the Service available with the greatest care; a measured availability percentage (SLA) is not guaranteed in this version. Rather than promise a percentage that has not been measured, we say so openly.

8.2. Planned maintenance takes place outside peak usage times where possible and is announced at least 48 hours in advance.

8.3. Unplanned interruptions are communicated without delay, with their cause and expected duration. Errors are not concealed.

8.4. Interruptions caused by third parties (hosting, language model providers, connected systems) fall under this article; the Provider makes reasonable efforts to resolve them.

8.5. NO SILENT SWITCH. A task that goes to a local model because of its confidentiality class is not silently moved to the cloud if the local model is unavailable; a visible error appears.

Article 9 — Data, security and confidentiality

9.1. The Customer's data belongs to the Customer. The Provider processes it only to provide the Service.

9.2. Customer data of the Netherlands region is stored and backed up on servers in the Netherlands (European Union) and does not leave the European Union; the only exceptions are listed exhaustively in D-08.

9.3. For personal data of third parties, the Customer is the controller and the Provider is the processor. This relationship is governed by D-07 · Data Processing Agreement, which forms part of this agreement.

9.4. Transfers outside the European Union are governed by D-08 · International Data Transfers.

9.5. Technical measures: masking by COPAI before every external model call; routing by confidentiality class (D0–D2 masked to a cloud language model, D3–D4 only to a local model, D5 to no model); an encrypted mask vault that is destroyed after 24 hours; envelope encryption for access keys; tenant isolation through server-side checking of the business identifier and membership; an unchangeable audit trail with a hash chain.

9.6. THE AUDIT TRAIL CANNOT BE SWITCHED OFF. The audit trail is kept as proof and because of legal obligations; it does not depend on consent and can be neither deleted nor changed. Even if an external connection is removed, the related log entry remains.

Article 10 — Data export and end of the agreement

10.1. The Customer can export its data through the application during the subscription and for at least 30 days after the end of the agreement (including downloading documents as PDF, Word and Excel).

10.2. After the 30 days, the Customer's data is destroyed or reduced to masked summaries. This does not apply to records that must be kept under statutory retention periods, or to the audit trail.

10.3. At the Customer's request, the Provider confirms the destruction in writing.

Article 11 — LIABILITY

11.1. RESULTS ARE DRAFTS. Every result of the Service is a draft; checking it for accuracy, assessing legal compliance and finalizing it are the Customer's responsibility. Finalizing is in every case done by a human.

11.2. NO PROFESSIONAL ADVICE. The Service is not a legal, tax, accounting or audit service. Details are set out in D-12.

11.3. LIMITATION OF LIABILITY. The Provider's total liability under this agreement is limited to the fees the Customer actually paid in the 12 months before the event causing the damage.

11.4. EXCEPTIONS. The limitation in 11.3 does not apply in the case of intent or gross negligence, to infringements of personality rights, or to administrative fines and third-party claims arising from a breach of data protection law.

11.5. INDIRECT DAMAGE. The parties are not liable for indirect damage such as lost profit or business interruption. This provision also does not apply in the cases in 11.4.

11.6. CUSTOMER'S RESPONSIBILITY. The Customer is responsible for ensuring that the data it enters was obtained lawfully, that it fulfils its information obligations towards third parties and that it has a legal basis for the processing. The Customer indemnifies the Provider against claims brought against the Provider because of a breach of these obligations.

11.7. FORCE MAJEURE. In the event of circumstances beyond the parties' control (natural disasters, war, epidemics, general strikes, orders of authorities, nationwide failure of power or internet), performance is suspended for the duration of the impediment. If the impediment lasts longer than 60 days, either party may terminate the agreement without compensation.

Article 12 — Term and termination

12.1. The subscription runs in periods of one month (twelve months for annual prepayment) and renews automatically unless a party terminates it.

12.2. The Customer can terminate by notice given at least 7 days before the start of the next period. No reasons are needed and no contractual penalty applies.

12.3. The Provider cannot terminate during a period without good cause; it can terminate at the end of a period with a notice period of at least 30 days.

12.4. TERMINATION FOR GOOD CAUSE. If late payment continues despite the period under Article 6.3, if the security of the system is intentionally endangered, or if the Service is used for unlawful purposes, the Provider can terminate with immediate effect, giving written reasons.

12.5. On termination, fees paid in advance for unused periods are refunded.

12.6. Termination does not affect claims that have arisen, the duty of confidentiality, the audit trail or retention obligations.

Article 13 — Assignment, subcontractors and reference

13.1. The Customer cannot transfer the agreement without the Provider's written consent.

13.2. The Provider may use subcontractors to provide the Service; sub-processors that process personal data are listed in D-07, and changes are communicated in advance.

13.3. REFERENCE. The Provider may use the Customer's company name or logo as a reference only with the Customer's separate written consent. This consent can be withdrawn at any time.

Article 14 — Notices

Notices are given to the e-mail addresses provided by the parties and in the application. The parties communicate changes of address without delay.

Article 15 — Governing law, jurisdiction and entry into force

15.1. This agreement is governed by Turkish law.

15.2. The courts at the seat of Topluyıldız Danışmanlık A.Ş. in Türkiye have jurisdiction. Mandatory Dutch and European Union data protection law, in particular the GDPR, remains unaffected.

15.3. Annexes to this agreement: D-05 (Terms of Use), D-07 (Data Processing Agreement), D-08 (International Data Transfers), D-12 (Responsibility Statement), D-15 (Business Customer Declaration). In the event of a conflict, the annex that specifically governs the matter prevails.

15.4. This agreement enters into force as soon as the Customer starts the subscription.

Entry into force: 2026-09-27 · Version v1.3

This document describes the behaviour of mybusyness as measured in the code. This is not legal advice.