1. General Overview

1.1. Welcome to Digital Dealer. By using this Platform, you accept the following Terms of Use.

1.2. These Terms of Use define the rights and obligations of the parties regarding the use of the Digital Dealer Platform.

1.3. Acceptance of these Terms constitutes a valid and binding contract between the parties. By using or continuing to use the Platform, the User accepts these Terms and any changes made to them.

2. Definitions

2.1. "Platform" or "Digital Dealer" refers to the website located at www.dijitalbayim.com, owned and operated by Branchsight, where Digital Dealer services are provided, and the mobile applications named Digital Dealer.

2.2. "Services" refers to the digital marketing services provided by Branchsight through the Digital Dealer Platform, detailed in Article 3.

2.3. "User" or "You" refers to an individual who accesses, uses the Platform, registers for services, or utilizes the services.

2.4. "Branchsight" or "We" refers to Branchsight Information Technologies Joint Stock Company, registered under the Istanbul Trade Registry with registration number 415992-5, located at Esentepe Mah. Talat Paşa Cad. No:5 İç Kapı No:1 Şişli/Istanbul.

2.5. "Central Company" refers to individuals or legal entities that receive digital marketing services from Branchsight under a separate agreement enabling their dealers to advertise and manage these advertisements from a single location.

2.6. "Dealer" refers to dependent or independent businesses that are members of the Platform as Dealers and enable the presentation of Central Companies’ products or services to consumers.

2.7. "Terms" refers to these Terms of Use.

3. Services

3.1. If you have registered as a Central Company on the Platform, you can view and manage your dealers collectively through Digital Dealer on a single Platform.

3.2. If you have registered as a Dealer, you can place Central Company-approved advertisements for yourself through Digital Dealer, manage advertisements on your social media accounts, and access various reports. To register as a Dealer, the Central Company you are affiliated with must be a member of the Platform, and the requested number of dealers must not be filled.

3.3. The scope of services offered through the Platform may be determined and changed from time to time by Branchsight.

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 moral standards.

4.3. You undertake to respect the rights and privacy of other users while using the Platform, not to engage in activities that would hinder other users’ use of the Platform, and not to conduct any actions that may damage or have the potential to damage the Platform.

4.4. You are responsible for ensuring that the information you provide to Digital Dealer during registration is accurate, up to date, and complete. If this information is not accurate, up to date or complete, you may not access the Platform or benefit from it properly. Branchsight shall not be responsible for any consequences arising from providing incorrect information.

4.5. Your account on the Platform is personal to you. You may not allow third parties to use your account, act on behalf of third parties, or engage in activities aimed at gaining unauthorized access to the Platform or bypassing security measures.

4.6. You are solely responsible for the security and use of any information, including account information, that allows you to benefit from the services on the Platform. Branchsight shall not be liable for any damages arising from the loss of this information, its access by third parties, or any other reason. If you suspect that your account has been compromised or that any transaction has been made without your knowledge, please contact us immediately.

4.7. You are responsible for ensuring that all content you publish on the Platform (text, image, video, etc.) complies with laws, intellectual property rights, privacy rules, public order, and moral standards. Branchsight has no obligation to inspect your content for compliance. However, if Branchsight concludes at its discretion that your content is inappropriate during any review, it reserves the right to remove the content from the Platform. In this case, 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 through the Platform, you are responsible for providing accurate information and complying with applicable legislation, including competition law, intellectual and industrial property law, and commercial law.

4.11. If you have registered as a Dealer, you may not conduct activities that could harm the Central Company or other users by providing false or misleading information regarding the products or services you offer while benefiting from the services on the Platform.

4.12. Users are personally responsible for their relationships with other users on the Platform. Branchsight is not a party to any disputes that may arise between Users, including disputes between Central Companies and Dealers, and is not liable.

4.13. You may not collect, store, share, or use personal data belonging to other users obtained in any way while using the Platform for any purpose other than to benefit from the services available on the Platform.

4.14. You may not copy, distribute, modify, or republish materials, content, and information available on the Platform without Branchsight’s prior written consent.

4.15. Branchsight endeavors to minimize errors and interruptions on the Platform by exerting reasonable efforts in accordance with current industry standards. The Platform is provided "as is", and Branchsight does not guarantee the continuous, uninterrupted, or error-free accessibility of the Platform. Branchsight reserves the right to deny the User’s use of the Platform or terminate their access.

4.16. The User acknowledges and undertakes that Branchsight is not responsible for any damage, loss, or cost arising from the contents and services available on the Platform.

4.17. In the event you engage in any action or activity contrary to these Terms or allow such actions to take place, you accept and undertake that you will be personally responsible for such actions and activities, subject to Branchsight's other rights.

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 made between the Central Company and Branchsight, and the membership fees of the Central Company and Dealers are paid by the Central Company.

5.3. Branchsight reserves all rights arising from the contract made with the Central Company.

5.4. If you are a Dealer, you can cancel your membership at any time through the Platform. If membership is canceled by the Central Company, all Dealers’ memberships will be terminated.

5.5. Branchsight reserves the right to suspend, close the Platform to new members, or terminate (remove) the Platform at any time. In the event of permanent removal of the Platform, any annual subscription fees paid in advance will be refunded to the Central Company within 30 days in proportion to the remaining period of the valid subscription period.

5.6. You are responsible for any equipment, internet access, and any associated fees and responsibilities required for your usage of the Platform.

6. Protection of Personal Data

Branchsight will process your personal data shared for the purpose of using the Platform and generated during your use in accordance with Law No. 6698 on the Protection of Personal Data and relevant regulations. We recommend that you review our Privacy Policy for more detailed information regarding the processing of your personal data and your rights.

7. Intellectual Property Rights

7.1. All content, designs, software, graphic interfaces, logos, trademarks, domain names, and all intellectual and industrial property rights and copyright, whether registered or unregistered, for the Platform belong to 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, process, commercially use, or provide third parties with any content available on the Platform without the prior written consent of Branchsight.

7.3. Users are responsible for all content they upload, share, publish, or create through the Platform (text, images, videos, audio, etc.) ("User Content"). Users undertake that this content is lawful, accurate, and up to date and does not infringe the rights of third parties.

7.4. Users undertake that they hold intellectual property rights to the User Content or possess the necessary legal right to use, publish, and engage in similar activities on the Platform. Otherwise, all responsibilities for damages to the Platform and Branchsight, as well as any claims that may be brought by third parties, will lie solely with the User.

8. Access Restriction

8.1. In the event users behave contrary to the law, the Terms, or other rules published by Branchsight, Branchsight reserves the right to block access to the Platform, cancel Membership, suspend, prevent re-enrollment, and take similar measures. Rights arising from the agreement made with the Central Company are reserved.

8.2. If you have registered as a Dealer, any agreement or contract applied between you and the Central Company will also be valid for Branchsight. In the event of any violations notified to Branchsight in writing by the Central Company under the relevant agreement or arrangement, Branchsight reserves the right to terminate the Dealer's use of the Platform. In any circumstance, including situations where the violation is not real or where there are justifiable reasons in favor of the Dealer, liability for 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 Central Company, and no party may claim compensation or any other requests from Branchsight in this regard.

9. Limitations of Liability

9.1. Branchsight does not guarantee the accuracy, completeness, or timeliness of the content and services available on the Platform.

9.2. Branchsight is not responsible for any damage or loss arising from visiting the Platform or using materials or services available on the Platform.

9.3. The Platform and services available on the Platform do not contain any professional opinions or consultancy. Before making any decisions or taking any steps that may affect your activities, business, or financial situation, you should consult an expert advisor.

9.4. Branchsight has taken reasonable measures within its existing capabilities to ensure that the Platform is free from harmful software. However, it does not provide any guarantee or commitment regarding the absence of viruses, bugs, trojan horses, corrupted files, worm programs, dialer programs, spam, spyware, or any other malicious or harmful software (such as spyware and adware), programs, products, codes, and/or materials.

9.5. We may include links to different websites or services owned by our business partners or third parties that redirect to those sites. We do not have any 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 relevant websites when visiting third-party websites.

9.6. Branchsight will only be liable proportionally to any claims brought against it due to the Platform. Branchsight’s liability will not exceed the total amount of the Membership fee paid by the relevant User to Branchsight in the last 12 months.

10. Changes

10.1. Branchsight reserves the right to change these Terms of Use for legal obligations, the requirements of our 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, it is recommended that Users regularly review these Terms of Use via the Platform.

11. Dispute Resolution

11.1. In the event of any dispute arising from these Terms of Use, the parties will first attempt to resolve the dispute in good faith.

11.2. If the parties cannot resolve the dispute in good faith, the dispute will be resolved in official courts. In this case, these Terms will be subject to the laws of the Republic of Turkey, and the Istanbul Çağlayan Courts and Enforcement Offices will be authorized to resolve the dispute.

12. Communication

12.1. The User can use the contact form on the Platform to notify Branchsight or ask any questions.

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 is found to be illegal, invalid, or unenforceable by applicable laws, the other provisions of the Terms shall not be affected.

13.2. Without Branchsight's prior written consent, you may not transfer or assign any of your rights and obligations under these Terms to third parties.

13.3. The Terms of Use do not modify or annul any other verbal or written agreement between the parties; the Terms regulate the user relationship between the parties and define the rights and obligations in this relationship.

13.4. By accepting the Terms of Use, the parties undertake to comply with the law and these Terms.

13.5. The Terms may be prepared in multiple languages. In the case of a conflict between versions prepared in different languages, the Turkish version will prevail and be applied.

You have reached the end of the Terms of Use. These Terms of Use will take effect as soon as you click the button to become a member of the Platform and the declaration of acceptance is recorded in Branchsight's records.