Terms of Service

1. General Provisions

These Terms of Service (“Terms”) govern the conditions of use for the cloud technology services (“Services”) provided under the Hiperbulut brand by Argen Teknoloji. By using the hiperbulut.com website (“Site”) or benefiting from our Services, you are deemed to have accepted these Terms.

If you do not accept these Terms, please do not use our Site and do not benefit from our Services.

2. Definitions

• “Hiperbulut” / “We”: The Hiperbulut cloud services brand operated by Argen Teknoloji
• “User” / “Customer” / “You”: The natural or legal person who visits the Site and/or benefits from the Services
• “Services”: All services provided by Hiperbulut, including cloud server (VPS), cloud storage, cloud backup, and security solutions
• “Site”: The website published under the hiperbulut.com domain name
• “Content”: All text, graphics, logos, images, videos, software, and other materials on the Site and Services

3. Description of Services

Hiperbulut provides the following cloud technology services to its corporate and individual customers:

• Cloud Server (VPS): High-performance, scalable virtual private server services. Server infrastructure tailored to your needs with various configuration options.
• Cloud Storage: Secure, redundant, and highly available cloud-based data storage solutions.
• Cloud Backup: Automatic backup, snapshot, and disaster recovery services.
• Security Solutions: DDoS protection, firewall, SSL certificates, and advanced security infrastructure services.

4. Account Creation and Security

You may need to create an account to benefit from our Services. When creating an account:

• You agree to provide accurate, current, and complete information.
• It is your responsibility to maintain the confidentiality of your account information and prevent unauthorized access.
• You are responsible for all activities carried out under your account.
• You must notify us immediately if you become aware of unauthorized access to your account.
• Individuals under the age of 18 cannot create accounts.

5. User Responsibilities

You agree to comply with the following rules when using our Services:

5.1. General Responsibilities

• To use the Services only for lawful purposes and in compliance with these Terms
• To act in compliance with the laws of the Republic of Turkey and international law
• To be primarily responsible for backing up your data on the server
• To be responsible for the licenses of software used on the server

5.2. Prohibited Uses

The following activities are strictly prohibited:

• Hosting or distributing content that is illegal, harmful, threatening, harassing, defamatory, or otherwise objectionable
• Sending spam, bulk unsolicited emails, or messages
• Gaining or attempting to gain unauthorized access to third-party systems (hacking)
• Engaging in DDoS attacks, port scanning, or activities that threaten network security
• Using server resources for cryptocurrency mining purposes (unless otherwise specified in the contract)
• Excessive resource usage to the extent that it negatively affects the overall performance of the data center infrastructure
• Using the server service to provide computing power to third-party systems, or as a proxy or traffic routing node (unless otherwise specified in the contract)
• Hosting content that infringes copyright, trademark, or other intellectual property rights
• Hosting or distributing child exploitation material
• Distributing malicious software (malware, viruses, trojans, etc.)

6. Service Level Agreement (SLA)

Hiperbulut targets 99.9% service availability (uptime) on a monthly basis for cloud services. This commitment is valid except in the following cases:

• Pre-announced scheduled maintenance work
• Force majeure events (natural disasters, war, terrorism, pandemics, infrastructure outages, etc.)
• Issues arising from the customer's own infrastructure or applications
• Outages caused by third-party service providers
• Protective measures taken due to DDoS attacks or security incidents

Compensation and credit terms applicable in case of SLA violation are separately regulated in the service agreement.

7. Payment Terms

• Service fees are determined according to the current price list published on the Site or the agreement signed between the parties.
• Prices are displayed excluding VAT unless otherwise stated.
• Payment must be made within the payment term specified on the invoice from the invoice date.
• Legal interest may be applied to invoices not paid by the due date.
• In the event of failure to fulfill payment obligations, Hiperbulut reserves the right to suspend or terminate the service.
• Hiperbulut reserves the right to change its prices. Price changes take effect from the end of the current contract period and are notified at least 30 days in advance.
• Refund conditions are evaluated according to the service type and contract terms.

8. Intellectual Property Rights

All content, design, logos, trademarks, graphics, text, software, and other materials on the Site belong to Argen Teknoloji / Hiperbulut or its licensors and are protected under Turkish Intellectual Property Law.

• Copying, reproducing, distributing, publishing, or using the Site content for commercial purposes without written permission is prohibited.
• The “Hiperbulut” name and logo are registered trademarks. They cannot be used without permission.
• Intellectual property rights over content hosted by customers on their own server and storage spaces belong to the customer.
• Hiperbulut does not claim any ownership rights over customer content.

9. Data Ownership and Privacy

All data stored, processed, and managed by the customer within the scope of our services belongs to the customer. Hiperbulut:

• Accesses customer data only for the purpose of providing the service and technical support.
• Does not share customer data with third parties (except for legal obligations).
• Takes necessary measures to ensure the confidentiality and security of customer data.
• The processes regarding the delivery and deletion of customer data in the event of service termination are regulated in the service agreement.

For detailed information on the protection of personal data, please review our Privacy Policy and KVKK Disclosure Notice.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Hiperbulut does not guarantee that the services will be uninterrupted, error-free, or completely free of security vulnerabilities.
• Hiperbulut cannot be held liable for indirect, incidental, special, or punitive damages (including loss of profit, data loss, and business loss) arising from the use or inability to use the services.
• Hiperbulut's total liability is limited to the last 12 months of service fees paid for the relevant service.
• Legal responsibility for content hosted on customer-owned servers belongs entirely to the customer.
• Backing up data on the server is the customer's own responsibility. In the event of any data loss, Hiperbulut cannot be held liable for losses outside the scope of backup services.

11. Service Suspension and Termination

11.1. By Hiperbulut

Hiperbulut may suspend or terminate the service without prior notice in the following cases:

• Violation of the Terms of Service
• Engaging in illegal activities
• Failure to fulfill payment obligations
• Activities that threaten the security of other users or the infrastructure
• Requests made by courts, prosecutors, or law enforcement agencies

11.2. By the Customer

• The customer may terminate the service by complying with the termination conditions specified in the contract.
• In case of early termination, penalty clauses specified in the contract may apply.
• A reasonable period is provided for the customer to download their data after a service termination request.

11.3. After Termination

• After the service is terminated, data on the customer's servers and storage spaces is permanently deleted after the period specified in the contract.
• Refund of paid but unused service fees is evaluated according to the contract terms.

12. Force Majeure

Natural disasters, war, acts of terrorism, pandemics, government decisions, power outages, internet infrastructure failures, cyber attacks, and similar unforeseeable, unavoidable events beyond the control of the parties are considered force majeure. In the event of force majeure, Hiperbulut's service obligations are suspended and no liability arises for disruptions occurring during this period.

13. Applicable Law and Dispute Resolution

These Terms of Service are subject to the laws of the Republic of Turkey and shall be interpreted in accordance with the laws of the Republic of Turkey.

Istanbul Courts and Enforcement Offices have jurisdiction over all disputes arising from or in connection with these Terms.

The parties agree to seek resolution through mutual negotiation as a priority in the event of a dispute. Legal remedies will be pursued for disputes that cannot be resolved through negotiation.

14. Changes to Terms

Hiperbulut reserves the right to modify these Terms of Service at any time with prior notice. Changes take effect on the date they are published on the Site.

Registered customers will be notified of significant changes via email. Your continued use of the Services after changes constitutes your acceptance of the updated Terms.

15. Miscellaneous Provisions

• Severability: If any provision of these Terms is found to be invalid or unenforceable, it shall not affect the validity and enforceability of the remaining provisions.
• Waiver:Hiperbulut's failure to exercise or delay in exercising any right does not constitute a waiver of that right.
• Assignment: The Customer may not assign the rights and obligations under these Terms to third parties without the written consent of Hiperbulut.
• Entirety: These Terms constitute the entire agreement between the parties and supersede all prior written or oral agreements.