Terms of service

These Terms of Service ("Terms") are an agreement between Venüs Yazılım Bilişim ve İnternet Hizmetleri, Küçükbakkalköy Mah. Dereboyu Cad. Brandium Residence No:3a, R5 Blok, K:7 D:48, 34750 Ataşehir/İstanbul, Türkiye ("Zefily", "we", "us") and the person or organization that creates an account or uses the service ("Customer", "you"). By creating an account, connecting a server or using the service you accept these Terms. If you accept them on behalf of an organization, you confirm that you may bind it.

1. Definitions#

• Service — the Zefily website, control panel, API, command-line tool, agent software and related support.
• Agent — the Zefily software you install on a server so the service can manage it.
• Customer Server — any server you connect to the service, whether you own it, rent it from a hosting or cloud provider, or create it through the service with your provider account.
• Customer Data — data you or your users store on Customer Servers or submit to the service, including site files, databases, configuration, logs and credentials.
• Organization — the workspace in the service that owns servers, sites, members and the subscription.
• Plan — the package of features, limits and prices you choose, as shown on the pricing page or in your order.

2. The service#

Zefily installs, configures and operates software on Customer Servers on your instructions: web servers, PHP and other runtimes, databases, certificates, firewalls, backups, deployments, monitoring and the other features of your Plan. The service acts only through the Agent and only on jobs that the control panel signs and, for high-risk actions, that you approve with your passkey.

You remain responsible for your Customer Servers, the hosting or cloud accounts behind them, the software you choose to run and the content on them. Zefily is not a hosting provider for Customer Data: your data stays on your servers and on the backup destinations you choose, except for the limited data described in the Privacy Policy.

We may change, add or remove features to improve the service. We will not remove a feature that is a material part of your paid Plan during a paid period without notice and, where the change materially reduces the service, a pro-rata refund of the prepaid fees for that period.

3. Accounts and security#

You must give accurate information, keep your account details current and keep your credentials, passkeys, API tokens and recovery codes safe. You are responsible for activity under your account and for the members you invite to your Organization and the roles you give them. Tell us at support [at] zefily [dot] com without delay if you suspect unauthorized access.

You must be at least 18 years old, or the age of majority where you live, to use the service.

4. Your servers and your data#

You grant Zefily the rights needed to operate the service on your Customer Servers: to install and update the Agent, to run the jobs you request or schedule, and to read the system information, metrics and logs the features need. You can remove the Agent at any time ("eject"); the software and configuration it set up keep running without the service.

You keep all rights in Customer Data. We process Customer Data only to provide the service, as described in the Privacy Policy and, for business customers, the Data Processing Agreement, which forms part of these Terms.

You are responsible for keeping backups appropriate to your needs. The backup features help you do so, but you must check that backups run and that you can restore them.

5. Acceptable use#

You must follow the Acceptable Use Policy, which forms part of these Terms. In short: no illegal content, no malware, spam, phishing or attacks on others, no attempts to break the security of the service or of other customers, and no use that puts the service or other customers at risk.

6. Plans, fees and payment#

• Free and paid Plans. Plan features, limits and prices are shown on the pricing page. Prices exclude taxes unless stated otherwise.
• Merchant of record. Paid subscriptions are sold through our reseller and merchant of record, Polar Software Inc.. It processes the payment, issues the invoice and collects the applicable taxes; its own terms apply to the purchase.
• Renewal. Subscriptions renew automatically at the end of each monthly or yearly period until cancelled. You can cancel at any time in the billing settings; the cancellation takes effect at the end of the current period.
• Changes. When you upgrade, the new Plan applies at once and the difference is charged pro rata. When you downgrade, the new Plan applies from the next period. If you exceed a limit of the new Plan, existing servers and sites keep running but you cannot add more until you are within the limit.
• Price changes. We will tell you at least 30 days before a price change takes effect for your subscription. If you do not agree, you can cancel before the next renewal.
• Failed payments. If a renewal payment fails, the payment provider retries it and we tell you by email and in the panel. If the subscription ends without payment, your Organization keeps its Plan for a grace period of 7 days and then moves to the free Plan. Nothing on your servers is deleted because of a downgrade.
• Refunds. Except where the law or these Terms require otherwise, fees already paid are not refundable. Consumers in the European Union, the United Kingdom and Türkiye keep their statutory rights, including the right of withdrawal where it applies; when you start using a paid feature during the withdrawal period you ask us to begin the service at once and you may owe a proportionate amount for the time used.

7. Availability and support#

We aim to keep the control panel available at all times but do not guarantee uninterrupted operation. Planned maintenance is announced in advance on the status page where possible. Your Customer Servers keep running when the control panel is unavailable: sites, certificate renewals and scheduled tasks on the server do not depend on it.

Support is provided through the support center in the panel and by email at support [at] zefily [dot] com, in English and Turkish, within the response targets of your Plan.

8. Intellectual property#

The service, the Agent and all related software, documentation and trademarks belong to Zefily or its licensors. We give you a non-exclusive, non-transferable right to use them during your subscription, for your own business and that of your clients, in line with these Terms. Open-source components are licensed under their own licenses. You may not copy, resell or reverse engineer the service except where the law expressly allows it.

If you send us feedback or suggestions, we may use them without obligation to you.

9. Confidentiality#

Each party keeps the other party's non-public information confidential and uses it only to perform these Terms. This does not apply to information that is public, already known to the receiving party, independently developed, or that must be disclosed by law (in which case the other party is told where allowed).

10. Suspension and termination#

You can stop using the service and delete your Organization at any time. We may suspend the service, in whole or for a specific server or site, if you materially breach these Terms or the Acceptable Use Policy, if your use puts the service, other customers or third parties at risk, or if the law requires it. Where possible we warn you first and give you time to fix the problem.

Either party may terminate these Terms for material breach that is not fixed within 30 days of notice. When the service ends, the Agent stops receiving jobs; you can eject it and keep everything it set up. We delete the account data we hold within the periods in the Privacy Policy.

11. Warranties and disclaimers#

We provide the service with reasonable skill and care. Except as expressly stated in these Terms and to the extent the law allows, the service is provided "as is", without other warranties, express or implied, including fitness for a particular purpose. You are responsible for checking that the software and settings you choose meet your needs.

12. Limitation of liability#

To the extent the law allows:

• neither party is liable for indirect or consequential loss, loss of profit, revenue, data or goodwill;
• each party's total liability arising out of these Terms in any 12-month period is limited to the fees you paid for the service in that period, or EUR 100 if you use a free Plan.

These limits do not apply to liability that cannot be limited by law, including for death or personal injury caused by negligence, fraud or wilful misconduct, nor to your payment obligations or breaches of the Acceptable Use Policy.

13. Indemnity#

You will defend and hold Zefily harmless against third-party claims arising from Customer Data, your sites and applications, or your breach of these Terms or the Acceptable Use Policy, and pay the resulting damages and reasonable costs.

14. Changes to these Terms#

We may update these Terms. We will announce material changes by email or in the panel at least 30 days before they take effect, unless a change is required by law or for security. If you do not agree, you can cancel before the change takes effect; continuing to use the service afterwards means you accept the new Terms.

15. Governing law and disputes#

These Terms are governed by the laws of the Republic of Türkiye. The İstanbul Anadolu Courts and Enforcement Offices (İstanbul Anadolu Mahkemeleri ve İcra Daireleri) have jurisdiction, without prejudice to mandatory consumer rights to bring proceedings in your country of residence. Consumers in Türkiye may also apply to the consumer arbitration committees and consumer courts within the monetary limits set by law.

16. General#

These Terms, together with the Privacy Policy, the Acceptable Use Policy, the Data Processing Agreement and your order, are the entire agreement between us about the service. If a provision is invalid, the rest stays in force. Neither party may assign these Terms without the other's consent, except to a successor of its business. Notices to you go to the email address of the Organization owner; notices to us go to hello [at] zefily [dot] com.

Contact: Venüs Yazılım Bilişim ve İnternet Hizmetleri, Küçükbakkalköy Mah. Dereboyu Cad. Brandium Residence No:3a, R5 Blok, K:7 D:48, 34750 Ataşehir/İstanbul, Türkiye, hello [at] zefily [dot] com, WhatsApp (messages only): +90 850 ••• ••••.