Terms of Use

1. General Information

  • 1.1. Welcome to Dijital Bayim. By using this Platform, you agree to the following Terms of Use.
  • 1.2. These Terms of Use define the rights and obligations between the parties concerning the use of the Dijital Bayim Platform.
  • 1.3. Acceptance of these Terms constitutes a valid and binding agreement between the parties. By using or continuing to use the Platform, the User agrees to these Terms and any amendments made to them.

2. Definitions

  • 2.1. “Platform” or “Dijital Bayim” refers to the website located at www.dijitalbayim.com and the mobile applications named Dijital Bayim, owned and operated by Branchsight, where Dijital Bayim services are provided.
  • 2.2. “Services” refers to the digital marketing services provided by Branchsight through the Dijital Bayim Platform, the details of which are explained in Article 3.
  • 2.3. “User” or “You” refers to the person who accesses the Platform, uses the Platform, registers for the services, or uses the services.
  • 2.4. “Branchsight” or “We” refers to Branchsight Bilgi Teknolojileri Anonim Şirketi, a company registered with the Istanbul Trade Registry under registration number 415992-5, with its headquarters located at Esentepe Mah. Talat Paşa Cad. No:5 İç Kapı No:1 Şişli/Istanbul.
  • 2.5. “Main Company” refers to the natural or legal persons who, under a separate agreement with Branchsight, receive digital marketing services for their Dealers, allowing these Dealers to advertise, and manage these Dealers advertisements from a single platform.
  • 2.6. “Dealer” refers to the independent or subsidiary businesses that are members of the Platform as Dealers and ensure the delivery of the Main Companies' products or services to consumers.
  • 2.7. “Terms” refers to these Terms of Use.

3. Services

  • 3.1. If you have registered on the Platform as a Main Company, you may collectively view and manage your Dealers through Dijital Bayim.
  • 3.2. If you have registered on the Platform as a Dealer, you can advertise your business with Main Company approved advertisements, manage advertisements shared on your social media accounts, and access various reports through Dijital Bayim. To register on the Platform as a Dealer, the Main Company you are associated with must first be a member of the Platform and the ordered Dealer quota must not have been filled.
  • 3.3. The scope of the services offered through the Platform may be determined and modified by Branchsight from time to time.

4. Terms of Use

  • 4.1. You must be over 18 years old to access the Platform and use the services.
  • 4.2. You may only use the Platform in accordance with these Terms of Use, applicable laws, and general principles of morality.
  • 4.3. While using the Platform, you agree to respect the rights and privacy of other users, refrain from engaging in activities that would prevent other users from using the Platform, and not engage in any actions that could damage or have the potential to damage the Platform.
  • 4.4. You are responsible for ensuring that the information you provide to Dijital Bayim during registration is accurate, up-to-date, and complete. If this information is not accurate, up-to-date, or complete, you may not be able to access or benefit from the Platform as you should. Branchsight shall have no responsibility for the results of misinformation.
  • 4.5. Your account on the Platform is personal to you. You may not allow third parties to use your account, act under the identity of third parties, attempt to gain unauthorized access to the Platform, or engage in activities aimed at bypassing security measures.
  • 4.6. You are solely responsible for the security and use of all information on the Platform, including your account details and any other information used to access the services on the Platform. Branchsight is not liable for any damages arising from the loss, unauthorized access, or any other issue concerning this information. If you believe your account has been compromised or that any unauthorized actions have been taken, please contact us immediately.
  • 4.7. You are responsible for ensuring that all content (text, images, videos, etc.) you publish on the Platform complies with applicable laws, intellectual property rights, privacy regulations, public order, and ethical standards. Branchsight is not responsible for checking whether your content on the Platform is appropriate. However, if Branchsight, at its discretion, determines that your content is not appropriate, it reserves the right to remove the content from the Platform. In such cases, you will be informed within a reasonable time.
  • 4.8. You are responsible for the accuracy, timeliness, and reliability of the content you share on the Platform.
  • 4.9. You are responsible for ensuring that all commercial activities you conduct through the Platform comply with applicable laws.
  • 4.10. When advertising products or services via the Platform, you are required to provide accurate information and comply with applicable regulations, including but not limited to competition law, intellectual and industrial property law, and commercial law.
  • 4.11. If you have registered on the Platform as a Dealer, you may not engage in activities that provide false or misleading information about the products or services you offer, causing harm to the Main Company or other users while utilizing the services on the Platform.
  • 4.12. Users are solely responsible for their interactions with other users on the Platform. Branchsight is not a party to, nor responsible for, any disputes that may arise between Users, including those between Main Companies and Dealers.
  • 4.13. While using the Platform, you may not collect, store, share, or use other users’ personal data obtained in any way, except for the purpose of utilizing the services offered on the Platform, without their permission.
  • 4.14. You may not copy, distribute, modify, or republish any materials, content, or information on the Platform without prior written permission from Branchsight.
  • 4.15. Branchsight makes the utmost reasonable efforts in accordance with current industry standards to minimize errors and interruptions on the Platform. The Platform is provided "as is," and Branchsight makes no warranties regarding its continuous, uninterrupted, and error-free availability. Branchsight reserves the right to refuse or terminate the User's access to the Platform.
  • 4.16. The User acknowledges and agrees that Branchsight is not liable for any damages, losses, or expenses arising from the content and services on the Platform and has no obligation to provide any compensation.
  • 4.17. If you engage in or facilitate any actions or activities that are contrary to these Terms, you agree and acknowledge that you will be personally responsible for such actions or activities, without prejudice to Branchsight’s other rights.

5. Membership and Membership Fee

  • 5.1. To benefit from the services, you must become a member of the Platform. Membership on the Platform is subject to a fee.
  • 5.2. The membership fee, covering both the Main Company and the branches, is determined and paid by the Main Company in accordance with the agreement made with Branchsight.
  • 5.3. Branchsight reserves its right under the separate agreement established with the Main Company.
  • 5.4. If you are a Dealer, you may cancel your membership through the Platform at any time. In the event that the Main Company cancels its membership, all Dealers' memberships will be terminated.
  • 5.5. Branchsight reserves the right to suspend, close to new members, or terminate (remove) the Platform at any time. In the event that the Platform is permanently removed, the subscription fees prepaid will be refunded to the Main Company on a pro-rata basis for the remaining duration of the applicable subscription period within 30 days.
  • 5.6. You are responsible for any equipment, internet access, and any associated fees or responsibilities required to benefit from the Platform.

6. Protection of Personal Data

Branchsight will process the personal data you share and generate during your use of the Platform in accordance with Law No. 6698 on the Protection of Personal Data and relevant legislation. For more detailed information about the processing of your personal data and your related rights, we recommend reviewing our Privacy Policy.

7. Intellectual Property Rights

  • 7.1. All contents, designs, software, graphical interfaces, logos, trademarks, domain names, and other components of the Platform, including both registered and unregistered intellectual property rights and copyrights, are owned by Branchsight and are protected under Law No. 5846 on Intellectual and Artistic Works, Law No. 6769 on Industrial Property, and other relevant legislation.
  • 7.2. Users may not copy, reproduce, distribute, modify, use commercially, or make available to third parties any content on the Platform without Branchsight's written permission.
  • 7.3. Users are responsible for any content (text, images, video, audio, etc.) they upload, share, publish, or create via the Platform ("User Content"). Users warrant that such content is lawful, accurate, up-to-date, and does not infringe upon the rights of third parties.
  • 7.4. Users warrant that they own the intellectual property rights to their User Content or have the necessary legal rights to use, publish, and engage in similar activities with such content on the Platform. Otherwise, the User is fully responsible for any damages incurred by the Platform and Branchsight and any claims that may be made by third parties.

8. Access Restriction

  • 8.1. In the event that Users act contrary to the law, these Terms, or other rules published by Branchsight, Branchsight reserves the right to restrict access to the Platform, cancel Membership, suspend access, prevent re-registration, and take similar measures. Rights under the separate agreement established with the Main Company are reserved.
  • 8.2. If you have registered as a Platforma Dealer, any agreement or contract you have with the Central Company will also be valid for Branchsight. If the Main Company notifies Branchsight in writing of such a breach and requests, Branchsight will terminate and prevent the Dealer's access to the Platform. In all cases, including those where the breach is not factual or there are valid justifications in favor of the Dealer, the responsibility for any damages arising from the Dealer's inability to benefit from the services on the Platform will be determined in the relationship between the Dealer and the Main Company, and neither party may seek compensation or make other claims against Branchsight in this regard.

9. Limitation of Liability

  • 9.1. Branchsight makes no guarantees regarding the accuracy, completeness, or timeliness of the content and services on the Platform.
  • 9.2. Branchsight is not responsible for any damage or loss arising from visiting the Platform or using the materials or services available on the Platform.
  • 9.3. The Platform and the services provided on it do not include professional advice or consultation in any manner. You should consult a qualified advisor before making any decisions or taking any actions that may affect your activities, business, or financial situation.
  • 9.4. Branchsight has taken reasonable measures, within its available capabilities, to ensure the Platform is free from harmful software. However, Branchsight makes no guarantees or warranties regarding the Platform’s freedom from viruses, bugs, trojans, corrupt files, worms, dialer programs, spam, spyware, or any other malicious and harmful software (such as adware and spyware), programs, products, codes, and/or materials.
  • 9.5. We may provide links to other websites or services of our business partners or third parties. We have no control or authority over these websites or services. Branchsight is not responsible for any loss or damage resulting from your visit to these websites or use of their services. We recommend that you review the privacy policy of any third-party website you visit.
  • 9.6 Branchsight will only be liable for claims made against it due to the Platform in proportion to its fault. Branchsight’s liability will not exceed the total Membership fee paid by the User to Branchsight in the last 12 months.

10. Changes

  • 10.1. Branchsight reserves the right to make changes to these Terms of Use to comply with legal obligations, meet the requirements of new services, or for other reasons.
  • 10.2. All changes will take effect immediately upon the publication of the new version of the Terms of Use on the Platform. Therefore, Users are advised to review these Terms of Use regularly on the Platform.

11. Changes

  • 11.1. In the event of any dispute arising from the Terms of Use, the parties will initially attempt to resolve the issue in good faith.
  • 11.2. If the parties are unable to resolve the dispute in good faith, the dispute will be resolved in the official courts. In such cases, these Terms will be governed by the laws of the Republic of Turkey, and the Istanbul Çağlayan Courts and Execution Offices will have jurisdiction to resolve the dispute.

12. Contact

  • 12.1. Users may use the contact form on the Platform to send notifications or ask questions to Branchsight.
  • 12.2. Branchsight commits to responding to users' notifications as quickly as possible.

13. General Provisions

  • 13.1. If any provision of these Terms is deemed unlawful, invalid, or unenforceable by applicable law, the remaining provisions of the Terms will not be affected.
  • 13.2. You may not transfer or assign any of your rights or obligations under these Terms to third parties without Branchsight’s prior written consent.
  • 13.3. These Terms do not alter or cancel any other verbal or written agreements between the parties; they govern the user relationship between the parties and define the rights and obligations within this relationship.
  • 13.4. By accepting these Terms, the parties commit to comply with the laws and these Terms.
  • 13.5. The Terms may be prepared in multiple languages. In case of any conflict between versions in different languages, the Turkish version will prevail and be applied.

You have reached the end of the Terms of Use. These Terms will come into effect once you click the button to become a member of the Platform electronically. Your acceptance is recorded by Branchsight.