Terms of Service

1. Acceptance of Terms

By accessing and using the ZAFER CESUR website and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). Your use of the Services constitutes acceptance of these Terms in their entirety. If you do not agree with any part of these Terms, you may not use the Services.

ZAFER CESUR SARL ("Company," "we," "our," or "us") may modify these Terms at any time by posting updated terms on the website. Continued use of the Services after such modifications constitutes your acceptance of the updated Terms. We recommend reviewing these Terms periodically to stay informed of any changes.

Users must be at least 16 years of age or have verifiable parental or guardian consent to use the Services. By using the Services, you represent and warrant that you have the legal capacity to enter into binding agreements.

2. Service Description

ZAFER CESUR provides enterprise cybersecurity solutions including threat detection and response, penetration testing, managed Security Operations Center (SOC) services, compliance advisory, cloud security, and incident response services. Services are offered on an "as is" and "as available" basis.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with or without notice. We are not liable for any modification, suspension, or discontinuation of the Services. While we strive for continuous availability, we do not guarantee uninterrupted access or performance.

Specific service details, scope, deliverables, and service level agreements are outlined in individual engagement agreements. General information on this website does not constitute a binding service agreement or legal advice.

3. Acceptable Use Policy

You agree not to use the Services in any manner that violates applicable laws, infringes third-party rights, or harms the integrity of our systems. Prohibited activities include:

• Unauthorized access, hacking, or attempts to bypass security measures
• Scraping, crawling, or automated data extraction without permission
• Transmitting malware, viruses, or malicious code
• Phishing, impersonation, or fraudulent representation
• Spam, harassment, or abusive communication
• Reverse engineering, decompiling, or attempting to derive source code
• Using the Services for illegal activities or activities that facilitate illegal conduct
• Accessing the Services from jurisdictions where such access is prohibited by law

Violations of this Acceptable Use Policy may result in immediate suspension or termination of your access to the Services without liability to ZAFER CESUR.

4. Intellectual Property Rights

All content on the ZAFER CESUR website—including text, graphics, logos, images, video, code, and software—is the exclusive property of ZAFER CESUR SARL or its content suppliers and is protected by international copyright, trademark, and patent laws.

You are granted a limited, non-exclusive, non-transferable license to access and view the website for personal, non-commercial purposes only. You may not reproduce, modify, distribute, transmit, or create derivative works from any content without express written permission from ZAFER CESUR.

ZAFER CESUR is a registered trademark of ZAFER CESUR SARL. All other trademarks, logos, and service marks are the property of their respective owners. Unauthorized use of our trademarks is strictly prohibited.

Any custom reports, assessments, or deliverables created specifically for you under a service engagement remain our intellectual property unless otherwise specified in a signed engagement agreement.

5. Third-Party Links and Services

The ZAFER CESUR website may contain links to third-party websites, applications, and services not under our control. We are not responsible for the content, accuracy, or practices of external websites. Your use of third-party services is governed by their own terms of service and privacy policies.

We do not endorse, warrant, or assume liability for any linked third-party content. Inclusion of a link does not imply affiliation or endorsement. We disclaim all responsibility for security, privacy, or availability of external services.

If you access external sites through links on our website, you do so at your own risk and subject to the terms and conditions of those sites.

6. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ZAFER CESUR DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We make no warranty that the Services will be uninterrupted, error-free, secure, or virus-free. We do not warrant the accuracy, completeness, or reliability of any content or information provided. Your use of the Services is entirely at your own risk.

While we employ industry-standard security measures, no system is 100% secure. ZAFER CESUR does not warrant absolute protection against unauthorized access, data breaches, or cyberattacks.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ZAFER CESUR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, EVEN IF ZAFER CESUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ZAFER CESUR's total aggregate liability under these Terms shall not exceed the greater of: (a) the amount you paid to ZAFER CESUR in the 12 months preceding the claim, or (b) €100 (one hundred euros).

Some jurisdictions do not permit the exclusion or limitation of implied warranties or consequential damages. To the extent such limitations are prohibited, ZAFER CESUR's liability shall be limited to the maximum extent permitted by applicable law.

This limitation of liability applies regardless of the theory of liability (contract, tort, strict liability, or otherwise) and whether or not ZAFER CESUR has been advised of the possibility of such damage.

8. Indemnification

You agree to indemnify, defend, and hold harmless ZAFER CESUR SARL, its officers, directors, employees, agents, and successors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of or access to the Services
• Your breach of these Terms or any applicable law
• Content you submit, transmit, or display through the Services
• Your violation of third-party intellectual property rights
• Any claim that content you provide infringes a third party's rights

ZAFER CESUR reserves the right to assume the exclusive defense of any indemnification claim. Your indemnification obligation shall not apply to claims arising from ZAFER CESUR's gross negligence, willful misconduct, or breach of these Terms.

9. Force Majeure

ZAFER CESUR shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond reasonable control, including acts of God, natural disasters, pandemics, wars, terrorism, civil unrest, government actions, internet outages, cyberattacks, cloud infrastructure failures, or other force majeure events.

In the event of a force majeure event affecting the Services, ZAFER CESUR will use reasonable efforts to notify users and provide updates on service restoration. Force majeure events do not relieve you of payment obligations for services already rendered.

If a force majeure event prevents performance for more than 30 consecutive days, either party may terminate affected services without penalty.

10. International Use and Restrictions

The ZAFER CESUR website and Services are controlled and operated from France. We make no representation that the Services are legal or appropriate for use outside of France or Canada. Users accessing the Services from outside Canada do so at their own initiative and assume responsibility for compliance with local laws.

You may not access or use the Services from jurisdictions that are subject to embargo, sanctions, or other legal restrictions, or if your use would violate applicable export control regulations or laws.

If you access the Services from outside your country of residence, you are responsible for complying with all local laws and regulations applicable to such access and use.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict-of-law principles. The exclusive venue for any legal proceedings arising from or related to these Terms shall be the competent courts of Paris, France.

However, users residing in Canada or other jurisdictions retain their local consumer protection rights. Nothing in these Terms shall waive mandatory consumer protections or statutory rights available in your country of residence.

For EU/EEA residents: You retain the right to bring disputes in the courts of your member state or country of residence. ZAFER CESUR shall comply with applicable EU regulations including GDPR.

12. Dispute Resolution

Before initiating formal legal proceedings, you and ZAFER CESUR agree to attempt to resolve disputes through good-faith informal negotiation for a period of 30 days. Either party may initiate this process by sending written notice to the other party detailing the nature of the dispute and proposed resolution.

If informal negotiation fails, disputes shall be resolved in the competent courts of Paris, France, subject to the governing law provision above. By accepting these Terms, you consent to the exclusive jurisdiction of these courts.

Class action waivers and restrictions on collective proceedings may not be enforceable in your jurisdiction. To the extent enforceable, you and ZAFER CESUR agree that any dispute shall be pursued on an individual basis and not as part of a class action, class arbitration, or collective proceeding.

13. Privacy and Data Protection

Your use of the Services is subject to ZAFER CESUR's Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy explains how we collect, use, disclose, and protect your personal data. By using the Services, you consent to the data practices described in the Privacy Policy.

For services involving processing of customer data or client information, additional data processing agreements and security provisions may apply. Such agreements shall be executed separately and shall take precedence over general website terms regarding data handling.

ZAFER CESUR complies with GDPR, PIPEDA, and other applicable data protection laws. See our Privacy Policy for detailed information on data subject rights, data retention, and international data transfers.

14. Termination

ZAFER CESUR may terminate or suspend your access to the Services immediately and without notice if you violate these Terms, engage in prohibited conduct, or pose a security risk to our systems or other users.

You may terminate your use of the Services at any time by ceasing access to the website. Upon termination, your right to use the Services ceases immediately. Sections regarding limitation of liability, indemnification, governing law, and other provisions that by their nature should survive termination shall remain in effect.

Termination does not relieve you of payment obligations for services already rendered or obligations accrued prior to termination.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable while preserving the intent of the parties. If such modification is not possible, the invalid provision shall be severed, and the remaining provisions shall remain in full force and effect.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

16. Entire Agreement

These Terms of Service, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and ZAFER CESUR regarding the Services and supersede all prior negotiations, representations, understandings, and agreements, whether written or oral.

No course of dealing, course of performance, or trade practice shall be effective to modify these Terms. If you have executed a separate service agreement with ZAFER CESUR, the terms of that agreement shall apply to the extent they conflict with these general website terms.

17. Assignment

ZAFER CESUR may assign these Terms and its rights and obligations hereunder to any successor entity, affiliate, or third party without notice or your consent. Any such assignment shall not relieve ZAFER CESUR of its obligations under these Terms.

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of ZAFER CESUR. Any attempted assignment without such consent is void.

18. No Waiver

The failure of ZAFER CESUR to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If ZAFER CESUR waives a breach by you, such waiver shall be limited to that specific instance and shall not constitute a waiver of any other breach or a waiver of the right itself.

No waiver is effective unless made in writing and signed by an authorized representative of ZAFER CESUR.

19. Modifications to Terms

ZAFER CESUR reserves the right to modify these Terms at any time. Material changes will be communicated via prominent notice on the website or via email to users with active engagements. Changes become effective 14 days after posting unless otherwise specified.

Your continued use of the Services after modifications become effective constitutes your acceptance of the updated Terms. If you do not agree with modifications, you must cease using the Services.

We recommend reviewing these Terms periodically to remain informed of any changes.

20. Electronic Communications and Signatures

By using the Services, you consent to conduct transactions and receive notices, policies, and records electronically. You agree that electronic signatures and records have the same legal effect as paper signatures and documents.

Electronic communications satisfy all statutory requirements under the eIDAS Regulation (EU 910/2014), UK Electronic Communications Act 2000, and similar laws in other jurisdictions.

If you do not wish to receive communications electronically, you must discontinue use of the Services.

21. Contact Information

For questions, concerns, or notices regarding these Terms, please contact ZAFER CESUR at:

ZAFER CESUR SARL

15 Rue de Rivoli Escalier B, Appt 42
75004 Paris, France

Phone: +33 1 42 71 28 55

Email: [email protected]