Terms of Service

1. Scope and Applicability

These Terms of Service ("Terms") govern the contractual relationship between Akcan-IT ("Provider", "we", "us") and users ("Customer", "you") of the Zektor.io platform ("Service").

By registering for an account or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

These Terms apply exclusively. Conflicting or deviating terms and conditions of the Customer shall not become part of the contract unless we expressly agree to their validity in writing.

2. Service Description

Zektor.io provides managed backend infrastructure services ("Backend-as-a-Service"). Our platform offers various managed database and backend services including, but not limited to:

• Redis cache instances (in-memory data store)
• PostgreSQL database instances (relational database)
• Future services: TimescaleDB, MongoDB, and other backend infrastructure solutions

Our services include:

• Provisioning and management of database instances
• Infrastructure hosting on Hetzner Cloud data centers
• Monitoring, backup, and maintenance services
• Technical support via email
• Access to a web-based dashboard for instance management

The specific features, limitations, and pricing of each service tier are detailed on our website and in the dashboard.

3. Account Registration and Eligibility

3.1 Registration

To use our Service, you must register for an account by providing accurate and complete information, including:

• Valid email address
• Billing information (name, address, company details if applicable)
• Payment method information

3.2 Eligibility

You must be at least 18 years old to use our Service. By registering, you represent and warrant that:

• You are legally capable of entering into binding contracts
• All registration information is accurate and current
• You will maintain the accuracy of such information

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Pricing and Payment

4.1 Pricing

Current pricing for all service tiers is displayed on our website and in your dashboard. Prices are listed in Euros (EUR) and are exclusive of applicable VAT unless otherwise stated.

We reserve the right to modify our pricing with 30 days' prior notice. Price changes will not affect your current billing period.

4.2 Billing

Billing is conducted monthly in arrears. You will be charged for:

• Monthly subscription fees for active database instances (Redis, PostgreSQL, etc.)
• Consumption-based charges for power usage and additional resources
• Any additional services or features you have subscribed to

Invoices are generated automatically at the end of each billing period and are available in your dashboard.

4.3 Payment Methods

Payment is processed via our payment provider Mollie. Accepted payment methods include:

• SEPA Direct Debit (for EU customers)
• Credit/Debit Cards
• Other payment methods supported by Mollie

By providing a payment method, you authorize us to charge all fees incurred through your account.

4.4 Late Payment

If payment is not received within 14 days of the invoice due date, we reserve the right to:

• Suspend your Service access
• Delete your database instances after an additional 7-day grace period
• Charge late payment fees as permitted by German law (§ 288 BGB)

4.5 VAT and Business Customers

Private Customers: All prices include 19% German VAT (Umsatzsteuer).

Business Customers (B2B): If you are a business customer within the EU outside Germany, please provide your valid VAT ID (Umsatzsteuer-Identifikationsnummer). In this case, the reverse charge mechanism (§ 13b UStG) applies and VAT will not be charged.

5. Service Level and Availability

5.1 Uptime Commitment

We strive to provide 99.9% uptime for our Service. However, this is a target and not a guarantee. Scheduled maintenance will be announced in advance when possible.

5.2 Maintenance

We reserve the right to perform scheduled maintenance that may temporarily affect Service availability. We will make reasonable efforts to:

• Schedule maintenance during off-peak hours
• Provide advance notice of scheduled maintenance
• Minimize service disruption

5.3 Backups

While we perform regular automated backups, you are ultimately responsible for maintaining your own backups of critical data. We do not guarantee the ability to restore data in all circumstances.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service:

• In any way that violates applicable laws or regulations
• To transmit or store illegal, harmful, threatening, abusive, harassing, or otherwise objectionable content
• To engage in any activity that interferes with or disrupts the Service or servers/networks connected to the Service
• To attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• For cryptocurrency mining or other resource-intensive activities not related to legitimate database operations
• To resell or redistribute the Service without our express written permission
• To store or distribute malware, viruses, or other malicious code
• To send spam, phishing emails, or other unsolicited communications

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

7. Data Protection and Privacy

We are committed to protecting your personal data in accordance with the GDPR (General Data Protection Regulation) and German data protection laws (BDSG).

Our processing of your personal data is described in detail in our Privacy Policy, which forms an integral part of these Terms.

You retain all rights to any data you store in your database instances. We do not access or use your data except as necessary to provide the Service or as required by law.

8. Contract Duration and Termination

8.1 Contract Duration

The contract begins when you create your account and continues on a month-to-month basis until terminated by either party.

8.2 Termination by Customer

You may terminate this contract at any time by:

• Deleting all your database instances via the dashboard
• Closing your account
• Sending written notice to [email protected]

Termination is effective immediately. You will be charged for the current billing period up to the termination date. No refunds are provided for partial months.

8.3 Termination by Provider

We may terminate or suspend your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• Payment is more than 21 days overdue
• We are required to do so by law
• We discontinue the Service (with 30 days' notice)

For ordinary termination without cause, we will provide 30 days' written notice.

8.4 Effects of Termination

Upon termination, your access to the Service will be disabled and all your database instances and associated data will be permanently deleted within 30 days. You are responsible for exporting any data you wish to retain before termination.

9. Liability and Warranties

9.1 Warranty Disclaimer

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, to the extent permitted by German law.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected

9.2 Limitation of Liability

To the maximum extent permitted by German law:

• Unlimited Liability: We remain fully liable for damages caused by intentional misconduct or gross negligence (Vorsatz oder grobe Fahrlässigkeit), personal injury, or under the Product Liability Act (Produkthaftungsgesetz).
• Limited Liability for Ordinary Negligence: For damages caused by ordinary negligence (einfache Fahrlässigkeit), we are only liable if we breach a material contractual obligation (wesentliche Vertragspflicht). In such cases, liability is limited to foreseeable, typical damages.
• Data Loss: We are not liable for any data loss except in cases of intentional misconduct or gross negligence, or if you have no functional backup.
• Indirect Damages: We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data, except in cases of intentional misconduct or gross negligence.

Our total liability for any claims arising out of or related to these Terms or the Service shall not exceed the total amount paid by you to us in the 12 months preceding the claim.

9.3 Third-Party Services

We rely on third-party infrastructure providers (e.g., Hetzner Cloud) and payment processors (e.g., Mollie). While we select these providers carefully, we are not liable for failures or issues caused by third-party services beyond our control, except as required by mandatory consumer protection laws.

10. Intellectual Property

All intellectual property rights in the Service, including the website, dashboard, software, documentation, and branding, are owned by us or our licensors.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer or attempt to extract the source code of the Service
• Remove or alter any proprietary notices or labels

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page with a new "Last updated" date
• Sending an email notification to your registered email address
• Displaying a prominent notice in your dashboard

Changes become effective 30 days after notification. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you may terminate your account before the effective date.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any disputes arising from or related to them shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 Jurisdiction

For contracts with businesses (Unternehmer), the exclusive jurisdiction for all disputes arising from or related to these Terms shall be Darmstadt, Germany.

For contracts with consumers (Verbraucher), the statutory provisions regarding jurisdiction apply.

12.3 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. We are not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely approximates the intent of the original provision.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

13.5 Language

These Terms are provided in English. In the event of any conflict between the English version and any translation, the English version shall prevail to the extent permitted by law.

14. Contact Information

If you have any questions about these Terms, please contact us:

For detailed contact information, please see our Impressum.