Terms of Use

1. Parties and definitions

This agreement is between [legal name] (address: [address], MERSİS: [MERSİS] — MERSİS is the Turkish central trade registry number; hereinafter "Kaldera") on one side, and the natural or legal person using the service (hereinafter "User") on the other.

• Service: the GPU compute marketplace services offered through Kaldera's website, console, API, command-line tool and SDKs.
• Provider: the third-party infrastructure provider on which the compute capacity runs.
• Host: the natural or legal person who offers their own hardware to the marketplace.
• Pod: a container workload run on specific hardware on the User's behalf.
• User Data: any data, model, code and output uploaded to, or produced on, the Service by the User.
• Billable second: each second that passed the health check and was included in metering.

2. Description and scope of the Service

Kaldera offers an intermediary service that brings its own hardware and third-party provider capacity together under one interface, one API and one invoice. The User compares offers, starts a pod on the offer they choose, and pays for the time they use.

Kaldera shows the provider behind an offer in the offer detail. Some features sit in later phases of the product roadmap and are marked "soon" in the interface; those features are not a performance owed under this agreement.

3. Account, age and account security

1. The Service is intended for natural persons aged 18 or over and for legal entities. A person opening an account on behalf of a legal entity represents that they are authorised to do so.
2. Keeping account information accurate and current is the User's responsibility.
3. The confidentiality of API keys, session information and access rights belongs to the User. If a key is lost or leaked, the User revokes it without delay and informs Kaldera.
4. Unless proven otherwise, the account holder is responsible for the usage and charges incurred under the account.
5. Kaldera offers role-based authorisation inside an organisation; how roles are handed out is the User's responsibility.

4. Acceptable use

The User may not use the Service for the following:

• Cryptocurrency mining and similar workloads that consume capacity solely for block production or validation.
• Any content or activity contrary to applicable law; the production, distribution or processing of child sexual abuse material is prohibited absolutely and without exception.
• Unauthorised access, port scanning, denial of service (DoS/DDoS), producing and distributing malware, standing up phishing infrastructure.
• Producing and sending bulk unsolicited messages (spam); producing content that impersonates real people or is otherwise deceptive.
• Use that infringes the intellectual property rights, personal data or contractual rights of third parties.
• Use contrary to export control and sanctions legislation.
• Attempts to circumvent the metering, health check, budget cap or scorecard mechanisms.

Kaldera is under no obligation to inspect a workload on suspicion of a violation; it may, however, carry out a limited review upon a report, an automated detection or a legal request, and may stop the workload if it considers this necessary.

5. Charging, balance and payment

1. Prices apply per offer, on the unit shown to the User at the moment that offer is started. Marketplace prices move with supply and demand.
2. Kaldera's revenue model is a commission taken on the offer price; the commission rate is stated plainly in the interface.
3. Alongside the compute charge, storage and network traffic are metered as separate items and shown as separate lines on the invoice. The storage charge on a stopped pod keeps running until its disk is deleted.
4. A prepaid balance and automatic top-up are available. When the balance runs out, running workloads may be stopped.
5. Taxes are calculated separately under applicable law and shown on the invoice.
6. Payments are collected through a payment service provider. Card details are not stored on Kaldera systems.

6. Per-second metering and unbilled time

1. Usage is metered by the second, with no rounding up to the minute or the hour.
2. Seconds that fail the health check never enter the invoice at all: that time is not a discount or a refund line, it is time that was never metered. Corrections that arrive after a period has closed are reflected as a credit line.
3. The limit of the guarantee: a fault originating in the infrastructure is not billed; errors originating in the User's own workload (bad code, out-of-memory, misconfiguration, the User's own application crashing) are billed while the infrastructure is working.
4. Metering records rest on Kaldera's system logs. The User can view the line-by-line breakdown in the console and dispute it.

7. Hard budget cap

1. The User can define a spending cap per period and notification thresholds for approaching that cap.
2. When the cap is reached, workloads are either paused safely or a notification alone is sent, according to the behaviour chosen.
3. Pausing is not a deletion: the disk of a paused workload is preserved under separately published retention terms, and a storage charge may run during that time.
4. Enforcing the cap technically may result in a small overshoot because of metering lag; any such overshoot is reported to the User.

8. Availability, downtime and limitation of liability

1. The Service is provided "as is". No percentage availability commitment (SLA) is given under this draft. An SLA-backed tier sits in a later phase of the product roadmap and will be tied to a separate agreement.
2. Planned maintenance is announced in advance wherever possible.
3. To the extent permitted by law, Kaldera is not liable for indirect damages, loss of profit, loss of data or business interruption.
4. To the extent permitted by law, Kaldera's total liability is limited to the amount actually paid by the User for the Service within the [period] preceding the event giving rise to the claim.
5. Kaldera's wilful misconduct and gross negligence, and rights arising from consumer legislation, are reserved.
6. The User is responsible for backing up their own data.

9. Intellectual property

Rights in the software, interface, brand, logo and documentation relating to the Service belong to Kaldera or its licensors. The User is granted a limited, non-transferable and non-exclusive right to use the Service for the term of this agreement. Open source components remain subject to their own licences.

10. User Data and data ownership

1. User Data belongs to the User. Kaldera claims no ownership over it.
2. Kaldera processes User Data only to deliver the Service, to keep it secure and to meet its obligations under applicable law.
3. User Data is not used for model training or product development without the User's explicit consent.
4. Secrets (environment variables, access keys) are encrypted at the application layer and are not written to a host disk in plaintext.
5. When region pinning is selected, the rule that the workload must not run outside the selected region is enforced server-side.
6. For details on the processing of personal data, see the Privacy and KVKK Disclosure Notice.

11. Third-party providers and hosts

Capacity may come from third-party providers or from independent hosts. Kaldera applies its own metering, health check and scorecard system; it does not, however, claim unlimited control over a third party's hardware failure, network outage or changes to that third party's own terms. In such cases Kaldera undertakes not to bill time that did not work and, where possible, to move the workload onto other capacity.

12. Suspension and termination

1. The User may close their account at any time; there is no commitment and no minimum usage period. Charges accrued up to closure fall due.
2. Kaldera may suspend an account or terminate the agreement in cases of non-payment, breach of acceptable use, a security threat or a legal obligation.
3. Except in urgent security situations, reasonable notice is given before suspension and, where possible, an opportunity to remedy.
4. After termination, User Data can be exported during a separately published retention period; at the end of that period it is deleted.

13. Changes and notice

Material changes to this text are notified to the account email address and inside the console before they take effect. If the User does not accept a change, they may close their account. Changes are published together with the version information of the text.

14. Assignment, force majeure and severability

1. The User may not assign rights arising from this agreement without Kaldera's written approval.
2. In cases of force majeure such as natural disaster, widespread infrastructure outage, cyber attack or a change in legislation, performance is suspended for the duration of the impediment.
3. The invalidity of one provision does not affect the validity of the others.

15. Governing law, disputes and competent courts

This agreement is governed by the law of the Republic of Türkiye (Turkish law); the specific choice-of-law wording is still a placeholder in the draft: [governing law]. The parties first try to resolve disputes in good faith. Disputes that cannot be resolved fall to the [competent courts and enforcement offices]. If the User is a consumer, the remedies and jurisdiction rules laid down by Turkish consumer legislation are reserved; for details see the Distance Sales Agreement.

16. Contact

For questions about this text, merhaba@kaldera.ai; for security reports, guvenlik@kaldera.ai. The domain is still being brought online. Company details will be published on the Contact page once incorporation is complete.