Terms of Use
1. General Provisions
1.1. Welcome to Dijital Bayim. By using this Platform, you agree to comply with and be bound by the following Terms of Use.
1.2. These Terms of Use determine the rights and obligations between the parties regarding 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 accepts these Terms or any amendments made thereto.
2. Definitions
"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, through which Dijital Bayim services are provided.
"Services": Refers to the digital marketing services provided by Branchsight through the Dijital Bayim Platform, the details of which are explained in Article 3.
"User" or "You": Refers to the person who accesses the Platform, uses the Platform, registers for the services, or uses the services.
"Branchsight" or "We/Us": Refers to Branchsight Bilgi Teknolojileri Anonim Şirketi, located at Esentepe Mah. Talat Paşa Cad. No:5 İç Kapı No:1 Şişli/İstanbul, registered with the Istanbul Trade Registry under registration number 415992-5.
"Main Company": Refers to the real or legal persons who receive digital marketing services from Branchsight under a separate agreement for their dealers, enabling the dealers to advertise and allowing the management of these advertisements from a single centralized platform.
"Dealer": Refers to the or independent businesses that enable the products or services of the Main Companies to be presented to consumers, and that register as a Dealer on the Platform.
"Terms": Refers to these Terms of Use.
3. Services
3.1. If you have registered on the Platform as a Main Company, you can view and manage your dealers collectively on a single platform through Dijital Bayim.
3.2. If you have registered on the Platform as a Dealer, you can place advertisements approved by the Main Company for yourself through Dijital Bayim, manage the advertisements to be published on your social media accounts, and access various reports. To register on the Platform as a Dealer, the Main Company you are affiliated with must first be a member of the Platform, and the requested dealer quota must not be full.
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 of age 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 public morality.
4.3. While using the Platform, you undertake to respect the rights and privacy of other users, to refrain from activities that prevent other users from using the Platform, and to avoid any action that damages or has the potential to damage the Platform.
4.4. You are personally responsible for ensuring that the information you provide to Dijital Bayim during registration is accurate, up-to-date, and complete. If this information is inaccurate, outdated, or incomplete, you may not be able to access the Platform or utilize the Platform properly. Branchsight is in no way responsible for any consequences arising from the provision of incorrect information.
4.5. Your account on the Platform is exclusive to you. You cannot allow third parties to use your account, act under the identity of third parties, or engage in activities aimed at gaining unauthorized access to the Platform or bypassing security measures.
4.6. You are personally responsible for the security and use of all information contained on the Platform that enables you to benefit from the services, including your account credentials. Branchsight has no liability for any damages arising from the loss of this information, its acquisition by third parties, or any other similar reason. If you believe your account has been compromised or that an action has been taken without your knowledge, 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 the law, intellectual property rights, privacy rules, public order, and morality. Branchsight has no obligation to audit or monitor the compliance of your content on the Platform. However, if Branchsight deems your content inappropriate in any review conducted at its sole discretion, it reserves the right to remove the content from the Platform. In such a case, you will be notified within a reasonable time.
4.8. The responsibility for the accuracy, timeliness, and reliability of the content you share on the Platform lies solely with you.
4.9. You are obliged to ensure that all commercial activities you conduct through the Platform comply with applicable legislation.
4.10. When advertising products or services through the Platform, you are obliged to provide accurate information and act in compliance with applicable legislation, 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 cause harm to the Main Company or other users by providing false or misleading information regarding the products or services you provide while utilizing the services on the Platform.
4.12. Users are personally responsible for the relationships they establish with other users on the Platform. Branchsight is not a party to and/or responsible for any disputes that may arise between Users, including disputes between the Main Company and the Dealer.
4.13. You may not collect, store, share, or use personal data belonging to other users that you may obtain in any way while using the Platform, without authorization and for any purpose other than benefiting from the services provided on the Platform.
4.14. You may not copy, distribute, modify, or republish the materials, content, and information found on the Platform without the prior written consent of Branchsight.
4.15. Branchsight exerts its best reasonable efforts in line with current industry standards to maintain the Platform in a manner that minimizes errors and interruptions. The Platform is provided "as is," and Branchsight makes no commitment regarding the continuous, uninterrupted, and error-free accessibility of the Platform. Branchsight reserves the right to refuse a User's use of the Platform or terminate their access.
4.16. The User accepts and undertakes that Branchsight is not responsible for any damage, loss, or expense arising from the content and services on the Platform, and has no obligation to indemnify.
4.17. You accept and undertake that if you act contrary to these Terms or enable such actions, you will be personally liable for your actions and activities, without prejudice to any other rights held by Branchsight.
5. Membership and Membership Fee
5.1. You must be a member of the Platform to benefit from the Services. Membership to the Platform is subject to a fee.
5.2. The membership fee is determined within the framework of the agreement executed between the Main Company and Branchsight, and the membership fees of the Main Company and the Dealers are paid by the Main Company.
5.3. Branchsight reserves all its rights arising from the agreement executed with the Main Company.
5.4. If you are a Dealer, you may cancel your membership at any time through the Platform. If the membership is canceled by the Main Company, the memberships of all affiliated Dealers shall terminate.
5.5. Branchsight has the right to suspend the Platform, close it to new members, or terminate (remove) it at any time. In the event that the Platform is permanently removed, pre-paid annual subscription fees will be refunded to the Main Company within 30 days, pro-rata for the remaining period of the current subscription term.
5.6. The equipment, internet access, and any associated fees and responsibilities required for you to benefit from the Platform belong solely to you.
6. Protection of Personal Data
Branchsight will process your personal data shared for the purpose of using the Platform, as well as data generated during your use, in accordance with the Personal Data Protection Law No. 6698 and relevant legislation. For more detailed information regarding the processing of your Personal Data and your rights in this regard, we recommend reviewing our Privacy Policy.
7. Intellectual Property Rights
7.1. All content, designs, software, graphic interfaces, logos, trademarks, domain names, and other components of the Platform, along with all registered or unregistered intellectual and industrial property rights and copyrights, belong to Branchsight and are protected under the Law on Intellectual and Artistic Works No. 5846, the Industrial Property Law No. 6769, and other relevant legislation.
7.2. Users may not copy, reproduce, distribute, process, use for commercial purposes, or make available to third parties the content on the Platform without the written permission of Branchsight.
7.3. Users are solely responsible for all kinds of content (text, images, video, audio, etc.) they upload, share, publish, or create through the Platform (“User Content”). Users undertake that this content is lawful, accurate, up-to-date, and does not violate the rights of third parties.
7.4. Users undertake that the intellectual property rights of the User Content belong to them or that they possess the necessary legal rights to use, publish, and perform similar activities with this content on the Platform. Otherwise, the User shall be fully liable for all damages incurred by the Platform and Branchsight, as well as any claims that may be put forward by third parties.
8. Blocking Access
8.1. In the event that users act contrary to the law, these Terms, or other rules published by Branchsight, Branchsight has the right to block access to the Platform, cancel or suspend Membership, prevent re-registration, and take similar precautionary measures. Rights arising from the agreement made with the Main Company are reserved.
8.2. If you have registered on the Platform as a Dealer, the agreement or any arrangement you implement with the Main Company shall also be valid for Branchsight. Branchsight has the right to terminate and block the Dealer's use of the Platform in case of violations to be notified in writing by the Main Company to Branchsight within the scope of the relevant contract or agreement. In all cases, including where the alleged violation is not real or there are justified grounds in favor of the Dealer, liability for damages arising from the Dealer's inability to benefit from the services on the Platform shall be determined in the relationship between the Dealer and the Main Company, and no party may claim compensation or make any other demands from Branchsight in this regard.
9. Limitations of Liability
9.1. Branchsight makes no warranties regarding the accuracy, completeness, or timeliness of the content and services found on the Platform.
9.2. Branchsight is not liable for any damage or loss resulting from visiting the Platform or using the materials or services available on the Platform.
9.3. The Platform and the services contained therein do not, under any circumstances, constitute professional advice or counseling. You should consult an expert advisor before making any decision or taking any step that will affect your operations, business, or financial status.
9.4. Branchsight has taken reasonable precautions within available means to ensure the Platform is free of harmful software. However, it does not provide any guarantee or undertaking that the Platform is entirely free from viruses, bugs, Trojan horses, corrupted files, worm programs, dialer programs, spam, spyware, and any other similar malicious or damaging software (such as spyware and adware), programs, products, codes, and/or materials.
9.5. We may include links on the Platform that redirect to different websites or services belonging to 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 arising from your visit to these websites or your use of these services. We recommend reviewing the privacy policy of the respective website when visiting third-party websites.
9.6. Branchsight shall only be liable in proportion to its fault for any claims that may be brought against it due to the Platform. In no event shall Branchsight's liability exceed the total amount of Membership fees paid by the relevant User to Branchsight within the last 12 months.
10. Amendments
10.1. Branchsight reserves the right to make amendments to these Terms of Use to comply with legal obligations, meet the requirements of our new services, or for other reasons.
10.2. All amendments shall enter into force 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 on the Platform at regular intervals.
11. Dispute Resolution
11.1. In case of any dispute arising from the Terms of Use, the parties shall first attempt to find a solution in good faith.
11.2. If the parties cannot resolve the dispute in good faith, the dispute shall be resolved before official courts. In this case, these Terms shall be governed by the laws of the Republic of Turkey, and the Istanbul (Çağlayan) Courts and Enforcement Offices shall have jurisdiction to resolve the dispute.
12. Contact
12.1. The User may use the contact form on the Platform to send any notifications or ask any questions to Branchsight.
12.2. Branchsight undertakes to respond to the User's notifications as soon as possible.
13. General Provisions
13.1. If any provision of these Terms becomes unlawful, invalid, or unenforceable under applicable laws, the remaining provisions of the Terms shall remain unaffected.
13.2. You may not transfer or assign any of your rights and obligations under these Terms to third parties without the prior written consent of Branchsight.
13.3. These Terms of Use do not modify or cancel any other oral or written agreement between the parties; the Terms of Use regulate the user relationship between the parties and determine the rights and obligations within this relationship.
13.4. By accepting the Terms of Use, the parties undertake to act in accordance with the law and these Terms.
13.5. These Terms of Use may be drawn up in multiple languages. In the event of any conflict between versions prepared in different languages, the Turkish version shall prevail and apply.
You have reached the end of the Terms of Use. These Terms of Use shall enter into force electronically at the moment you click the button to become a member of the Platform and your declaration of acceptance is recorded in the logs of Branchsight.