Terms of Service and User Agreement

ARTICLE 1. DEFINITIONS AND SCOPE

1.1 Parties

"MxGate" or "Processor": MxGate Information Technologies Inc., Trade Registry No: [Registry No], Headquarters: Istanbul/Turkey, operating as an email security gateway service provider and data processor.

"Customer" or "User": A natural or legal person who accepts this agreement and uses MxGate services.

1.2 Service Definition

MxGate provides the following services to protect Customer's email infrastructure:

• Security scanning of incoming and outgoing email traffic
• Spam, phishing, and malware filtering
• Email archiving and backup services
• Email traffic reporting and analytics
• Quarantine management services

ARTICLE 2. ACCOUNT CREATION AND USAGE TERMS

2.1 Registration Obligations

Customer accepts the following obligations when creating an account:

• Provide true, accurate, current, and complete information
• Be at least 18 years old or have parental/guardian consent
• Maintain account confidentiality and prevent unauthorized access
• Update information within 7 days of any changes
• Accept that accounts cannot be transferred to others

2.2 Security Obligations

Customer is solely responsible for account security and agrees to:

• Use strong and unique passwords
• Enable two-factor authentication (2FA)
• Not share passwords with third parties
• Immediately notify MxGate of any unauthorized access

ARTICLE 3. LEGAL EMAIL TRAFFIC COMPLIANCE AND OBLIGATIONS

3.1 SPAM and Unsolicited Email Prohibitions

Customer, in accordance with applicable anti-spam laws:

• Will not send SPAM or unsolicited commercial electronic messages
• Will comply with consent-based communication principles
• Will not use listwashing or harvested email addresses
• Will not manipulate email headers or provide false information
• Will respond to opt-out requests within 3 business days

3.2 Prohibition of Unauthorized Email Transmission

Customer agrees the following activities are prohibited:

• Using the service as an open email relay
• Sending from IP addresses with abuse complaints
• Email traffic from blacklisted domains
• Unauthorized bulk email transmission

3.3 Phishing and Malware Detection Obligation

MxGate scans Customer email traffic against the following threats:

Threat Type	Definition	MxGate Action
Phishing	Fraudulent identity theft emails	Quarantine, notify
Malware	Malicious software attachments	Block, quarantine
Ransomware	Ransomware attacks	Instant blocking
Spear Phishing	Targeted identity theft	Advanced detection, reporting
Business Email Compromise (BEC)	Corporate email system intrusion	Behavior analysis, blocking

ARTICLE 4. GDPR AND DATA PROTECTION OBLIGATIONS

4.1 Email Archiving Obligations

Customer and MxGate, in accordance with applicable laws:

• Legal archiving period: 10 years for commercial records
• Email backup: Backup service upon Customer request
• Archive access: Access logs for authorized persons maintained
• Destruction policy: Secure deletion upon contract termination

4.2 Customer Data Processing and Storage

Data Category	Processing Purpose	Retention Period
Account Information	Service delivery, billing	Contract + 10 years
Email Metadata	Security scanning, reporting	30 days (default)
Security Logs	Threat detection, audit	1 year
Archived Emails	Legal obligations	Customer-defined

4.3 Data Controller and Processor Relationship

MxGate acts as the Data Processor. Customer is the Data Controller for their users' data. MxGate processes data according to Customer's instructions.

ARTICLE 5. SERVICE LEVELS AND PLANS

5.1 Service Plans and Limits

Plan	Daily Email Limit	Domain Count	User Count
Starter	1,000	1	25
Business	10,000	5	250
Enterprise	Unlimited	Unlimited	Unlimited

ARTICLE 6. PAYMENT TERMS AND BILLING

6.1 Payment Terms

• Prices are stated in Turkish Lira (TRY) or US Dollars (USD)
• All payments are made in advance
• Auto-renewal is enabled by default
• Invoices are issued electronically

6.2 Cancellation and Refund Policy

• 14-Day Trial Period: Can be cancelled anytime during free trial
• Pro-rated Refund: Available for unused periods
• Cancellation Notice: Must be made at least 7 days before renewal
• Refund Period: Approved refunds processed within 14 business days

ARTICLE 7. LIMITATION OF LIABILITY AND WARRANTIES

7.1 Liability Limitation

MxGate's liability is limited as follows:

• Direct damages: Limited to total fees paid in the last 12 months
• Indirect damages: Not liable for loss of profits, business, or data
• Maximum compensation: 50,000 TRY or 12 months fees (whichever is lower)

7.2 Disclaimer

MxGate services are provided "as-is". No warranty of merchantability or uninterrupted service is provided.

ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS

8.1 MxGate Ownership

The following are the exclusive property of MxGate:

• MxGate brand, trade name, and logo
• Software code, algorithms, and databases
• User interface designs and graphics
• Technical documentation and know-how
• Spam filtering databases and signatures

8.2 Usage Rights

Customer is granted a limited, non-exclusive, non-transferable right to use the services during the contract term.

ARTICLE 9. TERMINATION

9.1 Immediate Termination

MxGate may immediately suspend or terminate for:

• SPAM or abuse detection
• System damage attempts
• Serious breach of agreement
• Legal authority requests
• Non-payment after 15-day grace period

9.2 Post-Termination

Upon termination:

• Data is deleted within 30 days or delivered to Customer
• No refund for current period
• Outstanding debts are collected

ARTICLE 10. DISPUTE RESOLUTION AND GOVERNING LAW

10.1 Governing Law

This agreement is governed by Turkish law.

10.2 Jurisdiction

Istanbul Anatolian Courts and Enforcement Offices are authorized for dispute resolution.

10.3 Arbitration

Parties agree to seek amicable resolution for 30 days before disputes.

ARTICLE 11. CONTACT INFORMATION