Terms of Service

Effective date: [YYYY-MM-DD] · Version: [1.0]

These terms apply to every customer using z9cloud services. Customers acting as consumers are also covered by the Distance Contract and Pre-Contract Information; where the two conflict, the provision more favourable to the consumer applies.

1. Parties

These Terms of Service (the "Agreement") are concluded electronically, at the moment an account is created, between [COMPANY LEGAL NAME], located at [COMPANY ADDRESS] (MERSIS: [MERSIS NO]; "z9cloud", "we"), and the natural or legal person who creates a z9cloud account (the "Customer", "you").

If you open an account on behalf of a legal entity, you confirm that you are authorised to bind it.

2. Definitions

• Service: the virtual servers, Kubernetes clusters, private networks, firewalls, public IP addresses, load balancers, object storage, and domain and DNS management that z9cloud provides from its own datacenters, together with the console, API and MCP server that give access to them.
• Console: the management panel at https://app.zone9.cloud.
• Plan: the fixed monthly amount the Customer selects. Usage up to the plan amount is included.
• Package: the size of a virtual server (vCPU, memory, disk). A package is not purchased separately; its usage is metered and deducted from the plan.
• Usage: metered consumption of the Service. Metering is hourly, and a month counts as 730 hours.
• Overage: usage above the plan amount within a billing period.
• Customer Content: any data, software and content the Customer runs, stores or processes on the Service.
• Credentials: passwords, sessions, API tokens, SSH keys, kubeconfigs, access keys and anything else that grants access to the account or resources.

3. Account

You must be at least 18 years old and have legal capacity to create an account. You confirm that the information you provide at sign-up is accurate and current, and you keep it up to date.

Every action taken through your account or Credentials is your action — whether it is performed in the console, through the API or by an assistant (MCP). You are responsible for keeping your Credentials confidential and must tell us without delay at [SUPPORT E-MAIL] if you notice unauthorised use.

The permissions of members added to an organisation are set by its owner and administrators. The Customer who owns the organisation is responsible for its members' actions.

4. Plans, metering and payment

1. The Customer selects one of the plans offered in the console. Current plan amounts are published on the website ($5 · $20 · $100, USD).
2. The plan amount is fixed per month and is charged [BILLING TIME — e.g. at the start of each billing period]. Usage up to the plan amount is included.
3. Usage is metered hourly and deducted from the plan. The metered items and their rates are published on the website's pricing page. [METERING SCOPE — which resources are metered in which state (e.g. stopped servers, outbound traffic); this sentence stays incomplete until decision PRD-01 is written]
4. Usage above the plan amount in a billing period is invoiced separately at the end of the period, at the same rates used for metering. Resources are not stopped because of overage.
5. Any part of the plan amount not used within the period does not carry over and is not refunded. [LEGAL: confirm the refund policy for consumers]
6. Prices [INCLUDE/EXCLUDE VAT]; taxes are applied under applicable law. [LEGAL: obligation to show consumers prices in Turkish lira, and the exchange-rate basis]
7. Payment is made by [PAYMENT METHODS — e.g. credit card]. z9cloud does not store payment card details; they are processed by [PAYMENT PROVIDER].
8. If an amount is not paid when due, we notify the Customer by e-mail. If payment is not made within [GRACE PERIOD — e.g. 7] days of that notice, the Service may be suspended (see section 10).
9. Changes to plan amounts or metering rates are announced at least [PRICE CHANGE NOTICE — e.g. 30] days before they take effect and apply from the first billing period after the notice.

5. Use of the Service

The Customer uses the Service in line with applicable law, this Agreement and the Acceptable Use Policy.

Creating and deleting resources, power actions and network changes are queued and then applied; the console and API report separately that a job was accepted and that it finished. A job being accepted does not mean it will complete successfully.

Technical limits of the Service (such as the number of networks per organisation or subnets per network) are shown in the console and the documentation. [PLAN CAPACITY LIMITS — the resource limits of each plan, here or in a separate table once defined]

6. Customer Content and shared responsibility

All rights in Customer Content belong to the Customer. z9cloud accesses Customer Content only when it is technically necessary to provide the Service, as part of a support request with the Customer's explicit permission, when required by law or a competent authority, and when strictly necessary to investigate a breach of the Acceptable Use Policy.

Security is a shared responsibility:

• z9cloud is responsible for the physical security of the datacenter, the virtualisation layer, the platform network, and the console, API and identity infrastructure.
• The Customer is responsible for keeping server operating systems and software up to date, the firewall rules it writes, the ports it opens, its Credentials, and backing up Customer Content.

Servers start in an isolated private network; attaching a public IP address to a server and opening a port to the internet are the Customer's choice.

7. Backups and data loss

Unless agreed otherwise in writing, z9cloud does not undertake to back up Customer Content. [BACKUP SERVICE — if offered, its scope, frequency and retention; if not, this sentence stays]

A resource you delete is stopped within [DELETION BUFFER — e.g. 10 minutes] of confirming the deletion and is permanently deleted at the end of that period. Permanently deleted data cannot be recovered.

8. Service level

[AVAILABILITY COMMITMENT — e.g. a 99.9% monthly target, how it is measured, maintenance notice and service credit rates. If no commitment is given, this section reads "The Service is provided with reasonable care and as is"]

Planned maintenance is announced in the console or by e-mail at least [MAINTENANCE NOTICE — e.g. 48 hours] in advance. Urgent security work may be carried out without prior notice.

9. Support

Support requests are sent to [SUPPORT E-MAIL] or through the console. Support is provided in Turkish. [SUPPORT SCOPE AND RESPONSE TIMES — e.g. hours, priority levels]

10. Suspension

z9cloud may suspend the Service in whole or in part if:

• an overdue payment is not made within the period in section 4.8,
• the Acceptable Use Policy is breached,
• there is a threat to the security or operation of the Service or of other customers,
• a competent authority orders it.

Except in emergencies, suspension is announced in advance by e-mail. Data in a suspended account is kept for [SUSPENSION RETENTION — e.g. 30] days from the date of suspension; if the cause is not resolved within that period, it may be permanently deleted.

11. Termination

The Customer may close its account at any time from the console or by writing to [SUPPORT E-MAIL]. Closure takes effect at the end of the current billing period; overage incurred until then is invoiced.

z9cloud may terminate the Agreement with [TERMINATION NOTICE — e.g. 30] days' notice. In case of a material breach, the Agreement may be terminated without notice.

When the Agreement ends, Customer Content is kept for [POST-TERMINATION RETENTION — e.g. 30] days, during which the Customer can export its data. After that it is permanently deleted. Records that the law requires us to keep (such as invoices) are kept regardless of this period.

12. Intellectual property

Rights in the console, API, documentation and the z9cloud brand belong to z9cloud or its licensors. Using the Service does not transfer any of these rights to the Customer. Where z9cloud's source code is published as open source, that code is subject to the licence it is published under.

13. Personal data

The Customer's personal data is processed under the Privacy Policy and the Personal Data Notice.

For personal data the Customer processes on the Service, the Customer is the data controller and z9cloud is the data processor. z9cloud processes this data only to provide the Service and on the Customer's instructions. [DATA PROCESSING AGREEMENT — link, if a separate agreement is offered]

14. Limitation of liability

z9cloud's total liability under this Agreement is limited to the amount the Customer paid to z9cloud in the [LIABILITY PERIOD — e.g. 12] months before the event giving rise to the claim. z9cloud is not liable for indirect damage, loss of profit, loss of data, or damage caused by the Customer's own configuration.

These limitations do not apply in cases of intent or gross negligence, or to the extent they would restrict consumers' statutory rights. [LEGAL: confirm the liability cap separately for consumer and business customers]

15. Force majeure

Events beyond the parties' reasonable control — such as natural disasters, epidemics, war, terrorism, strikes, decisions of public authorities, and widespread power or communication outages — are force majeure. The affected obligations of the parties are suspended for its duration.

16. Changes

z9cloud may change this Agreement. Changes to the Customer's detriment are announced by e-mail and in the console at least [CHANGE NOTICE — e.g. 30] days before they take effect. If the Customer does not accept a change, it may close its account before the effective date.

17. Notices

Notices between the parties are sent to the e-mail address registered on the Customer's account and, for z9cloud, to [GENERAL CONTACT E-MAIL]. z9cloud's registered e-mail (KEP) address for legal notices is [KEP ADDRESS].

18. Governing law and disputes

This Agreement is governed by the laws of the Republic of Türkiye. The courts and enforcement offices of [CITY] have jurisdiction. Consumers' rights under Consumer Protection Law No. 6502 to apply to consumer arbitration committees and consumer courts are reserved.

19. Miscellaneous

If any provision of this Agreement is held invalid, the remaining provisions are not affected. The Customer may not assign its rights under this Agreement without z9cloud's written consent. z9cloud's records constitute conclusive evidence under Article 193 of the Code of Civil Procedure No. 6100; the Customer's right to present counter-evidence is reserved. [LEGAL: enforceability of this evidence clause against consumers]

This Agreement is drawn up in Turkish; versions in other languages are for information only, and the Turkish text prevails in case of conflict.