Archiby.com Terms of Use
The following Terms of Use (“Terms”) determine the rights, obligations and responsibilities that apply between real and legal persons (“User” or “You”) who benefit from the Archiby.com (“Site”) service and Archiby İnş. Mim. Proj . ve Bil. Hiz . Ltd. Şti. (“ Archiby ,” “We” or “Site Owner”). Everyone who accesses or uses the Site is deemed to have accepted these Terms.

1. Definitions

1.1. Site : Archiby.com internet address and all subdomains, web pages, applications, services and related technology platforms offered on this address.
1.2. User : Real or legal person who accesses the Site with or without registration, browses the Site , produces content, opens a job advertisement or submits an offer.
1.3. Member / Account Holder : User who registers
to the Site and creates a membership account and can use the functions offered by the Site such as creating a job advertisement and submitting an offer. 1.4. Job Advertisement : An announcement on the Site that defines a project or service need, open to offers from individuals/teams in the “Expert” or “Professional” category.
1.5. Offer : Service proposal including price, delivery time and job description offered by member experts for the project defined by the advertiser.
1.6. Content : Any text, photograph, drawing, video, logo , graphic, code, document and similar data shared on the Site and information materials provided by the Site.

2. Scope and Acceptance

2.1. These Terms are binding for all real and legal persons who want to access, use the Site and benefit from all services offered
on the Site (for example: job posting, bidding, messaging, file sharing, payment mediation, etc.). 2.2. By registering on the Site or making any transaction through the Site, you are deemed to have read, understood and approved all of these Terms in advance.
2.3. If you do not accept all provisions of these Terms , you should not use the Site and should not become a member.

3. Membership and Account Creation

3.1. Membership Conditions

• on the Site , you must be a natural person over 18 years of age with legal capacity or a legal entity registered through a legal representative.
• The personal and corporate information requested when creating an account must be accurate, complete and up-to-date. If you provide false or misleading information, the Site may suspend or close your account without any warning.

3.2. Account Security

• You are solely responsible for protecting your account with your username, email address and password. You should not share this information with third parties.
• It is your responsibility to keep your password confidential and to prevent it from being stolen or misused.
• If anyone else is using your account in a suspicious manner, you should immediately notify the Site and change your password.

3.3. Account Closure and Suspension

• Your membership may be closed at any time upon a request made by you or the Site.
• to the Terms or relevant legislation is detected, the Site may temporarily suspend or permanently close your account without prior notice.

4. Scope and Use of the Service

4.1. The site is a platform that brings together people/organizations in need in different categories such as architecture, interior / exterior design, construction, renovation , landscaping, advertising, marketing, and professionals who offer expertise in these fields.
4.2. The basic services offered by the site are as follows:

• Creating a Job Posting: Members can post a job posting by specifying their projects, service needs, budgets and delivery times.
• Bidding: Other members with expert profiles bid on job postings and offer suggestions for price, job description and delivery time to participate in the project.
• Messaging & Communication: Detailed discussions can be held between the advertiser and the bidding experts via private messaging.
• Payment Brokerage ( Optional ): The site may charge a certain service fee or commission depending on the payment terms agreed upon between the advertiser and the expert.
• Evaluation and Comment: After the project is completed, the parties can evaluate each other and leave comments. These comments serve as a reference for future users.

4.3. The contents in the "How Does It Work?", "News" or "FAQ" (Frequently Asked Questions) sections on the Site are prepared for the purpose of guiding the Users. The currency and accuracy of these contents may change from time to time; the latest version is always the texts published on the Site .

5. User Obligations

5.1. General Obligations

• You undertake to use the Site and Services only for purposes that are lawful, legitimate and consistent with these Terms .
• You may not engage in any fraud, unfair competition, copyright infringement, damage to personal rights, or share obscene or harmful content.
• You must absolutely avoid any behavior that may interfere with the experience of other Users or the proper functioning of the Site.

5.2. Advertiser Obligations

• The advertiser is responsible for the accurate, clear and non-misleading description of the project information. All issues such as budget, job description, delivery time, and features must be stated transparently.
• at the discretion of the advertiser . The site mediates the contractual relationship between the advertiser and the expert who makes the offer, but does not intervene in the details of the content of the job.

5.3. Expert/Professional Obligations

• Experts declare that the offers made on the Site are realistic, professional and in accordance with the advertisement conditions.
• Agrees to carry out the project in line with the price, work quality, delivery time and scope specified in the offer.
• The expert must agree in advance, as a result of the contract he/she has made with the advertiser, how the rights regarding the intellectual property of the works to be delivered will be transferred when the work is delivered, and must clearly convey this to the parties.

5.4. Content Sharing and Copyrights

• of any text, photo, drawing, video, logo and other materials you upload to the Site belongs to you or that you have the legal right to use them. Otherwise, all legal and criminal liability arising from this situation belongs to you.
• Archiby reserves the right to publish, edit, delete or stop access to content uploaded by users without prior notice.

6. Intellectual Property Rights

6.1. Within the scope of these Terms, the intellectual property rights of all elements such as brands, logos , designs, graphics, codes, software, databases, content and visual media on the Site belong to Archiby or third parties who have obtained the necessary licenses from Archiby . These elements are protected by trademark, copyright, industrial design and other intellectual rights.
6.2. Users cannot reproduce, distribute, sell or disclose in internal or external environments any content
on the Site or accessed through the Site without permission. 6.3. Users undertake to use
the Site and the services it offers only in accordance with these Terms and for personal/corporate purposes. 6.4. Archiby is not responsible for monitoring the intellectual security and license processes of the content uploaded by Users; this responsibility belongs to the User who shares the content .

7. Third Party Links and Services

7.1. The Site may from time to time provide links to third-party websites, service providers or external content (for example: payment channels, map services, video hosting, etc.). Such third-party links are beyond the control of the Site.
7.2. Archiby does not guarantee the accuracy, timeliness, reliability and legality of third-party links or content. Archiby cannot be held responsible for any damages or losses that may arise if you use such resources . 7.3. It is also
the User's responsibility to comply with the terms of use of third-party services .

8. Fees and Payment Terms

8.1. Archiby may apply Commission/Brokerage Fee in the project purchase and sale processes conducted through the Site; these fees are collected within the framework of the rates and conditions clearly stated
on the Site . 8.2. The commission rate may vary depending on the project budget, category and the agreement between the parties. The pricing details are seen by the advertiser and the expert who submitted the offer on the advertisement page and no amount will be collected without prior approval of these conditions. 8.3. Payments can be made through the secure payment infrastructure provided by the Site (credit/debit card, money order, EFT etc.) or by different methods depending on the agreement between the advertiser and the expert. 8.4. Disputes regarding payment are essentially resolved according to the agreement between the advertiser and the expert. Archiby acts as an intermediary in the payment process and does not have the authority to determine the direct obligations and rights of the contracting parties regarding such payments.

9. Limitations of Liability and Disclaimers

9.1. Archiby does not guarantee that the Site is uninterrupted, error-free, virus-free or fully secure against third-party attacks. In the event that the Site is temporarily closed due to maintenance, updates or unexpected technical problems, the User is not responsible for any damages that may be incurred.
9.2. Archiby does not guarantee the accuracy, completeness or up-to-dateness of the content published on the Site . Users must confirm
the information they obtain while using the Site with their own initiative , expert opinion or additional research. 9.3. All legal and financial responsibilities arising from agreements made between users are between the advertiser and the expert. Archiby cannot be held liable for issues such as receivables, debts, compensation, work quality or delivery time arising from the project agreement between the parties. 9.4.
Archiby will not accept any claim for compensation for data loss, loss of income, reputation damage or any other indirect damage arising from the use of the Site .

10. Privacy and Protection of Personal Data

10.1. Archiby attaches great importance to the confidentiality of Users' personal data. Identity, contact, financial and project information provided by Users
to the Site is processed and protected in accordance with the Personal Data Protection Law No. 6698 ("KVKK"). 10.2. Detailed information on the purposes for which Users' personal data is collected, how it is processed, with whom it is shared, how long it will be stored and their rights can be found in the "Privacy Policy" section. 10.3. Information obtained during all financial transactions (payment, invoicing, etc.) performed on the Site is limited to credit card companies and payment providers and is protected with encrypted infrastructures (SSL). The payment infrastructure used in this process is aimed to comply with international security standards such as PCI DSS. 10.4. Updates made to the Privacy Policy shall enter into force as of the date they are published on the Site .

11. Postponement, Termination and Changes

11.1. Archiby reserves the right to change, update, indefinitely suspend or completely terminate
the Services and these Terms at any time without prior notice. 11.2. Changes to the Terms shall enter into force as soon as they are published on the home page of the Site and/or on the “Terms of Use” page. Users shall be deemed to have accepted the current
Terms by continuing to use the Site . 11.3. If the User does not wish to use the Site for any reason , they may request the closure of their account. In the event of closure of the account, all data related to membership shall be stored or deleted in accordance with the KVKK .

12. Third Party Content Providers and Links

12.1. Some content on the Site (ads, banners , sponsored links) belongs to third parties. Copyright, reputation and legal responsibilities that may arise from such content belong to these third party content providers.
12.2. The Site does not approve the accuracy or reliability of these third party content providers. The User is responsible for reviewing the third party's own terms of use and policies before using the relevant service.

13. Applicable Law and Jurisdiction

13.1. These Terms are subject to the laws of the Republic of Turkey and any disputes that may arise
from the Terms are subject to the exclusive jurisdiction of the Istanbul Central (Çağlayan) Courts and Enforcement Offices. 13.2. The parties agree to resolve disputes arising from the Terms amicably, primarily through negotiation . If no agreement is reached as a result of negotiations, legal proceedings may be initiated.

14. Contact Information

any questions, opinions, suggestions and complaints you may have through the following communication channels:

• Address: Toekomststraat 50, 1930 Zaventem-Bruxelles , Belgium
• Phone: +32 456 595 510
• Email: [email protected]

15. Entry into force

These Terms of Use entered into force as of June 01, 2024.