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Licence agreement

Ayhan Yavuz - Orchesta Teknoloji

1. Parties and acceptance

This agreement is between Ayhan Yavuz - Orchesta Teknoloji (“we”, “us”) and the individual or organisation that installs or uses the software (“you”). We are a sole proprietorship: the individual and the trade name are one legal person, and that person is the party to this agreement. English-facing materials may say Ayhan Yavuz - Orchesta Technology; that is the same company, not a second legal person. The product this licence covers is Broka. Registered office: Küçükbakkalköy Mahallesi, Dereboyu Caddesi, R5 Blok No: 3A/48, 34636 Ataşehir, İstanbul. MERSİS 1121020762200001. Trade registry 1143542. The name carries no company-form suffix. The company site is orchesta.io; Broka’s marketing site is broka.dev.

A Commercial subscription is accepted when it is bought. The order records who accepted this agreement, on what date, and which version of it — and we keep that record against the subscription. A renewal is an acceptance in the same way, of whatever version is published then (§15). We will not create or renew a subscription without it.

Community is accepted by running it. Downloading or running a Broka image, or pasting an activation code or an offline token, is an acceptance: §2 is the grant that covers the free image and §10 is the bargain that comes with it, so there is no way to hold it outside this agreement. There is no purchase to attach a record to, and we do not ask a free user to sign anything. If you do not accept it, do not install Broka.

If you accept for an organisation, you confirm you can bind it. That sentence is the reason a Commercial acceptance is taken at the point of sale rather than at the point of installation: the person who installs the software is usually not the person who can commit the company to §10.

2. Two editions, two shapes

Community. The Community image has no licence surface: no key, no activation field, no token, no refresh. This agreement’s activation, binding, refresh and revocation clauses do not apply to it. Community is licensed for your internal use of that image, as published, without a fee to us. It is not a Commercial subscription and it does not become one by entering a key — there is no key to enter. You run Community at your own risk. There is no warranty, no support, no repair, and no refund — there was no fee. Loss of data, downtime, a broker failure, or a bad install is yours. That is the bargain of a free image; §10 says it again so it cannot be read as a courtesy.

Commercial. The Commercial image is what you paid for. The image decides which platforms are present. A licence token does not add a platform that the image was not built with, and it does not turn Community into Commercial. Upgrade is “image first, then licence”.

A licence withholds, it does not grant features the image lacks. Limits carried in the token (lim) are displayed. The software does not compare them, and this agreement does not invent a quota the product does not enforce.

3. What you are licensed to do

Subject to this agreement and to a current subscription (for Commercial), we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to install and run the software on infrastructure you control, for your internal operations — including those of subsidiaries you control — and not as a service you sell to third parties whose reason for coming to you is Broka itself.

The licence is bound to installations, never to an environment, a team, or a hostname, and never to "*". An installation is the identity the product minted on first boot, not a deployment tier. One Commercial licence covers one live installation. Replacing that installation after a disaster is still that one seat — it is not a second licence. A second live installation is a second subscription.

Rebinding exists to replace an installation, not to move one between machines as a matter of routine. A Commercial subscription allows three rebinds of that seat per term. The count is recorded on the subscription. Crossing it is a commercial matter — the software does not lock the seat. Copies for backup of the bound installation are allowed; a copy that runs as a second live deployment is §6(c).

4. What you must not do

You must not, and must not allow anyone else to:

  • run the Commercial image without a licence that covers that installation, except as Community provides
  • sell, lease, loan, or time-share the software, or use it as the substance of a service bureau
  • reverse engineer, decompile or disassemble the software except where the applicable law says we cannot stop you, and then only to that extent
  • remove or alter marks, copyright notices, or the edition marker in the image
  • publish a benchmark implying our endorsement
  • use the software to build a product that is a substitute for it
  • circumvent, remove, or interfere with the licence token, the installation identity, the sequence number, or any other technical limit the software uses to know what it may do

Creating a second organisation, a second customer record, or a second installation identity in order to stretch a limit is the same act as stretching the limit.

5. How a Commercial licence is delivered

The artefact that carries entitlement is a signed token, verified locally with an embedded public key. The network is a delivery and refresh channel. It is never the authority. A host that cannot reach us does not lose a token it already holds.

Internet on the host is not a second channel. The only bytes an installation may send toward us are the licence calls in this section. Community sends none of them. A commercial installation activated offline sends none of them. Nothing else leaves — not usage, not configuration, not broker addresses, not what you run. Connectivity does not create telemetry.

Online. You take an activation code from the customer portal, paste it into the product, and the product makes one HTTPS call and then refreshes about once a day. The body of that call is nine named fields and nothing else; the product writes those bytes into its own audit record before they leave. See the privacy policy §6.

Offline. The product produces a signed request. You send it to us by e-mail and we send the token back; no outbound call is made from the host. An offline token cannot be revoked (§6(d)), so we issue one only after you have confirmed in writing that issuing it ends your right to a refund under the refund policy at broka.dev/refunds. Later offline issuances (renewal, or a rebind that stays at one live installation) are made the same way. A second live installation waits for a new subscription. The product does not know which path you are on, and it does not need to.

Revocation is a new token with rev: true at a higher sequence. It is not an HTTP error. The product treats every 4xx and 5xx as unknown, so that a hostile network cannot fake a revocation. An offline installation will not see a revocation until somebody carries a new token to it. That is §6(d).

We do not call into your installation. There is no channel.

6. What the software cannot enforce

These four are contractual because a determined operator can defeat them on their own host. They are the complete list: this section imposes no fifth obligation.

(a) Clock manipulation. Backdating the host clock extends every date in the warning and grace ladder. Online, the product keeps a monotonic floor and staff can reset it as an audited act. Offline, we cannot see the clock. You must not run the software against a clock set for the purpose of extending a term.

(b) Editing the licence row. The token is verified, but a customer who edits their own database can make the console display a state the token does not support. You must not alter licence records, sequence numbers, or installation identity in the product’s database in order to obtain a right this agreement does not give.

(c) Sharing an installation identity. The identity is a random identifier from first boot, not derived from the machine. Copying it onto a second live deployment so two estates share one binding is not disaster recovery. Disaster recovery is a replacement of the same installation. You must not run two live deployments on one installation identity.

(d) Offline irrevocability. An offline licence cannot be pulled back for as long as that token remains accepted on a host that never calls us. You accept that choosing offline is choosing a window in which revocation and a changed entitlement do not arrive by themselves. A later token, carried by you, is how that window closes.

7. Term, warning, grace, and what “degraded” means

The commercial term is the subscription. It is derived; extending a customer is a re-issue, not a release of a new kind of licence.

The token an online installation holds also carries a short internal expiry, re-rolled on refresh, capped at thirty days. That date is not the subscription. Showing it as “your licence ends on…” would be a lie. The date that matters to you is the subscription end, which the portal will show.

When a Commercial subscription is ending, the product’s ladder is, by default:

  1. Warning — 30 days before the end.
  2. Grace — 14 days after the end. The product still writes.
  3. Degraded — writes on the Commercial platforms are refused. Pages still render. Kafka is not withheld. Nothing is deleted. The product never refuses to start, and it never falls back to Community.

Those two figures are recorded on your subscription and travel in your token; they are not compiled into the software. A subscription carrying different ones is not an exception to this agreement — the figures in your token are the ones that apply to you.

A rebind mismatch (inst does not match) is not “expired”. It is the disaster-recovery case, and the product says rebind.

8. Registry credentials

A Commercial subscription may include a credential that lets you pull Commercial images. The secret is shown once and stored hashed. Rotating it keeps the username, because your compose file names it. The credential is not a licence. Lapse of the subscription is what closes the pull; there is no nightly job in between, and there is no registry hostname to print until one is decided.

Community images, when they are published, do not need that credential.

9. Support, money, and what this is not

This agreement does not create a response time, a support tier, an availability commitment, or a named channel. Those would be an SLA. This section is not one. If we agree those in writing, that writing is separate. There is no Enterprise plan here.

Both editions get the same thing, and it is a process rather than a clock. You may create an account in the customer portal and raise a support request there — for a free image as well as a paid subscription. A request is open, then answered, then closed. Opening one does not start a time we owe. We do not undertake to answer any particular request, to answer within any period, or to publish a fix.

We do not undertake to notify you when the state changes — the thread is where you look. Where our portal can send mail, it emails you when a request is answered, with a link back to the thread. That is a convenience and not an undertaking: it is not a commitment about when you are answered, and a message that does not arrive does not extend or excuse anything in this section.

A new product image is how a defect in this software is fixed, and it is not owed on a ticket timer. A defect in Kafka, Redis, RabbitMQ, Artemis or Memcached is yours; we do not support those brokers under this agreement. Documentation, for either edition, is a courtesy.

What differs between the editions is not support. It is what the software contains, what the licence withholds, and what you paid — not whether you may write to us.

This agreement does not take payment or grant a trial. The Commercial price is published on broka.dev/pricing, and a refund follows the refund policy at broka.dev/refunds. A trial, if one is ever offered, will not reuse an installation identity.

This agreement does not grant single sign-on between the portal and your installation, or between staff and customers.

You own the data you process with the software. We claim no licence in it, except that if you send us material in a support message we may use that copy to answer you.

10. Warranty, disclaimer and liability

The software is provided for the purpose described in the documentation we publish with it. We do not warrant that it is free of defects, that it will run without interruption, or that it is fit for a purpose we have not written down.

Community is as-is, at your risk. We give the image away. You accept every consequence of running it: defects, interruption, data loss on your host, and any use you put it to. We owe you nothing for Community — no repair, no support, no indemnity, no refund. The cap below is zero because you paid nothing.

A Commercial subscription does not buy a repair deadline or an SLA; §9 is the process, not a clock. If we agree support terms in writing, that writing is separate.

This is self-hosted software. We do not run your brokers and we do not hold the data you process with the product. A failure on your host, or in Kafka, Redis, RabbitMQ, Artemis or Memcached, is not a failure of this agreement.

The paragraphs that follow are the operative ones. They are set in capitals because several of the laws under which this software is sold require a disclaimer of warranties and a limitation of liability to be conspicuous before it has any effect. They say the same thing as the plain English above; where the two could be read differently, these govern.

10.1 Disclaimer of warranties

EXCEPT AS EXPRESSLY STATED IN THIS SECTION 10, THE SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS", AND WE DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND SYSTEM INTEGRATION, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT IS FREE OF HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SOFTWARE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

10.2 Your remedy

FOR A COMMERCIAL SUBSCRIPTION, YOUR EXCLUSIVE REMEDY, AND OUR ENTIRE OBLIGATION, FOR A DEFECT IN THE SOFTWARE IS THAT WE WILL USE REASONABLE EFFORTS TO CORRECT IT IN A LATER IMAGE OR, AT OUR OPTION, REFUND THE FEES YOU PAID FOR THE AFFECTED SUBSCRIPTION PERIOD AND END IT. FOR COMMUNITY THERE IS NO REMEDY, BECAUSE THERE IS NO FEE AND NO UNDERTAKING.

IF THAT REMEDY IS HELD TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, THE EXCLUSIONS AND THE CAP IN §10.3 AND §10.4 STILL APPLY. THEY ARE AN INDEPENDENT ALLOCATION OF RISK AND THE PRICE REFLECTS THEM.

10.3 What we do not pay for

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR LOSS OF PROFIT, REVENUE, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, FOR LOSS, CORRUPTION OR UNAVAILABILITY OF DATA ON YOUR INSTALLATION OR YOUR BROKERS — WE NEVER HELD THAT DATA — FOR BUSINESS INTERRUPTION, FOR THE COST OF SUBSTITUTE SOFTWARE OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY — CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE — EVEN IF WE HAVE BEEN ADVISED THAT SUCH LOSS IS POSSIBLE.

10.4 Cap

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE IS LIMITED TO THE FEES YOU ACTUALLY PAID US FOR THE AFFECTED SUBSCRIPTION IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID FOR THAT SUBSCRIPTION — WHICH IS ALWAYS THE CASE FOR COMMUNITY — THE CAP IS ZERO. THIS CAP IS CUMULATIVE ACROSS ALL CLAIMS AND IS NOT RESET BY THE NUMBER OF CLAIMS OR CLAIMANTS.

10.5 What is never excluded

Nothing in this agreement excludes or limits any liability that cannot lawfully be excluded or limited under the law that applies between us. That includes, without limiting it: our fraud or fraudulent misrepresentation; death or personal injury caused by our negligence; and any other liability a court finds unexcludable. Where a jurisdiction does not allow the exclusion or limitation of certain damages, the exclusions in §10.3 and the cap in §10.4 apply to the fullest extent that jurisdiction permits, and the rest of this section stands.

You may have rights as a consumer that this agreement cannot take away. This software is made for organisations operating message brokers, and is licensed to you on that footing; where consumer law nevertheless applies to you, it applies, and nothing here is intended to displace it.

11. Indemnities

11.1 What we will defend

Commercial only. If a third party claims that the Commercial software, as we supplied it and used as the documentation describes, infringes their patent, copyright, trademark or trade secret, we will defend you against that claim and pay the damages finally awarded against you, or the settlement we agree to.

That is on four conditions: you tell us promptly and in writing; you give us sole control of the defence and settlement; you cooperate at our expense; and you make no admission that prejudices the defence.

If such a claim is made, or we think one is likely, we may at our option procure the right for you to keep using the software, modify or replace it so it is no longer infringing, or, if neither is reasonably available to us, end the affected subscription and refund the fees you paid for the unused part of the period. That is the whole of our liability for an infringement claim, and it is subject to the cap in §10.4.

We do not defend a claim that arises from: your modification of the software; its combination with anything we did not supply, where the claim would not have arisen without that combination; your continued use of a version after we made a non-infringing one available to you; use outside this agreement or outside the documentation; or anything in the Community edition, for which no indemnity is given at all.

11.2 What you will defend

You will defend us against, and hold us harmless from, any third-party claim arising from your use of the software in breach of this agreement, from the data you process with it, from the brokers you connect it to, or from anything you send outward through a notification channel you configured.

12. Export control and sanctions

The software is, or contains, cryptographic functionality and is subject to export control and sanctions laws — including those of the Republic of Türkiye and the European Union, and the export control and sanctions laws of any other territory that applies to either of us.

You represent and undertake that: you are not located in, organised under the laws of, or ordinarily resident in a territory subject to comprehensive sanctions; you are not a person on any applicable restricted-party or sanctions list, and are not owned or controlled by one; you will not use, export, re-export, transfer or make the software available in breach of those laws; and you will not use it in connection with weapons of mass destruction or any other end use those laws prohibit.

We may suspend or end your licence, your registry access and your activation immediately if we reasonably believe that continuing would put us in breach of those laws. Suspension on that ground is not a breach of this agreement by us, and it does not give rise to a refund.

The Community images are published openly; making them available to the public does not waive anything in this section, and does not mean we have authorised any particular download.

13. Third-party components

The software includes components written by third parties and licensed by their own authors under their own terms. Those terms govern those components, and where one of them gives you a right this agreement does not, that right stands.

Every image carries the notices and licence texts for the components it contains, at /licenses/ inside the image. We do not add any warranty, indemnity or undertaking of ours to a third-party component: §10 and §11 are about the software we wrote.

If a third-party licence requires us to make source available for a component, we will do so on request for that component, for as long as that licence requires.

14. Term and end

Community continues for as long as you run that image under §2.

A Commercial licence follows the subscription. When the subscription ends and grace has run, §7 applies. You must stop using Commercial platforms for writes. You may keep the software installed; it will still open.

We may terminate the Commercial licence if you materially breach this agreement and do not cure it within thirty days of written notice, or immediately if the breach is §4, §6 or §12 and cannot be cured by waiting.

On end you delete Commercial images you are no longer entitled to pull, and you stop using a revoked token. Your data remains yours; we never held it.

Survival. §4 (what you must not do), §6 (what the software cannot enforce), §10 (warranty, disclaimer and liability), §11 (indemnities), §12 (export control and sanctions), §13 (third-party components) and §15 (general) survive the end of this agreement, along with any other clause that by its nature is meant to.

15. General

Governing law and forum. This agreement is governed by the laws of the Republic of Türkiye. The courts and enforcement offices of Istanbul have jurisdiction. A change of that choice updates this paragraph in the same change. It is not a privacy-regime choice: KVKK and GDPR apply where they apply, whether or not a dispute is heard in Istanbul. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Versions of this agreement. The version that applies to you is the one published on broka.dev/licence when you installed, activated or last renewed — whichever is latest. We may publish a new version; it applies to you when you next activate or renew, and not before, and we will not apply a new version retroactively to a period you have already paid for. Each version carries its own Last updated date, and the copy inside every image is the same text as the published one.

Notices. A notice under this agreement is in writing and in English. Ours reach you at the address on your account or through the customer portal; yours reach us at the address published on broka.dev. A notice sent to a portal thread is not a notice under this agreement.

Force majeure. Neither of us is liable for a failure to perform caused by something outside our reasonable control — including an act of nature, war, civil disturbance, an act of government, a failure of a public network or a utility, or the failure of a third-party service we depend on. This does not excuse an obligation to pay.

Assignment. Neither party is the other's agent. You may not assign this agreement without our written consent, except to a successor that takes the organisation and the installations with it. We may assign it to a successor of the vendor service.

Severability and waiver. If a court strikes a clause, the rest stands, and the struck clause is read down to the extent needed to make it enforceable rather than removed entirely. A failure to enforce a right once is not a waiver of it.

Language. The official text is English. A translation is a courtesy.

Entire agreement. This agreement, the privacy policy, and the subscription we recorded for you are the agreement on this subject, and they replace anything said before. A purchase order's terms do not replace them, and neither does any other document of yours that we did not sign. You confirm you are not relying on any statement we have not written down here — which does not limit liability for fraud.