Definition of Confidential Information

Confidential information refers to all ideas, inventions, business methods, processes, developments, patents, copyrights, trademarks, trade secrets, and any other innovations—whether legally protected or not—disclosed by one party, its employees, agents, or solution partners to the other party.

It also includes all written or verbal commercial, financial, and technical information learned during the business relationship, as well as all proposals, requests, their contents, final customer information, and communication records. All such information is considered confidential and a trade secret.

Sharing Apollo data and forecasts with third parties by the CUSTOMER shall be deemed a breach of confidentiality.

Protection of Confidential Information

The parties undertake to:

• Keep confidential information strictly confidential (except for information defined as non-confidential)
• Not disclose such information to any third party under any circumstances
• Not use such information directly or indirectly for purposes outside the scope of the business relationship

Each party agrees to protect the other party’s confidential information with the same level of care as its own.

Even after the termination of the agreement, all written, verbal, recorded, or visual information related to the CUSTOMER, its activities, and the services shall remain confidential and shall not be used, disclosed, or shared without prior written consent.

Apollo IoT declares and undertakes to show the same level of care in protecting the CUSTOMER’s confidential information as it does for its own.

Information Not Considered Confidential

The following information shall not be considered confidential:

• Information previously known without any obligation of confidentiality
• Information that has become public without fault of either party
• Information required to be disclosed by applicable laws, regulations, court decisions, or administrative orders
• Information provided by third parties without confidentiality restrictions
• Information independently developed without access to confidential information
• Information disclosed with written authorization

Additionally, the following data required for Apollo software operations shall not be considered confidential:

• Consumption data
• Industry and operational data
• Facility size, customer count, and similar metrics
• Supplier information
• Electricity bills and billing data

Such information may be shared with solution partners, affiliates, suppliers, and other stakeholders without constituting a breach of confidentiality.

Ownership of Confidential Information

Each party retains ownership of its confidential information and related rights. Disclosure does not grant any rights to the receiving party.

Neither party guarantees the completeness, accuracy, or reliability of its confidential information.

Apollo IoT:

• Is not responsible for changes made by the CUSTOMER on the platform
• May send informational and promotional messages in line with legal and ethical standards
• Retains all rights to the software, databases, and documentation

This agreement does not grant any intellectual property rights to the CUSTOMER.

Apollo IoT also reserves the right to use the CUSTOMER’s name and logo as references on its website and social media.

Measures to Be Taken

If a party becomes aware of any unauthorized disclosure of confidential information, it must:

• Immediately notify the other party in writing
• Take all necessary actions to minimize potential damages

The affected party may pursue all legal remedies available.

The party responsible for the disclosure agrees to compensate all direct damages confirmed by a final court decision.

The CUSTOMER is responsible for keeping login credentials secure and must not share them with unauthorized individuals.

Apollo software is protected under Turkish law. Unauthorized copying, modification, distribution, reverse engineering, or use without a license is strictly prohibited and constitutes a criminal offense.

Return of Confidential Information

Upon termination of the business relationship or agreement, all confidential information must be returned immediately upon written request.

Future business relationships on this matter may be subject to separate agreements.

Confidentiality obligations remain valid regardless of other agreements signed between the parties.

Permission for Disclosure

Neither party may disclose, publish, or use confidential information for advertising or public purposes, including media and press, without explicit written consent.

The only exception to confidentiality obligations is disclosure with prior written approval from the other party.