Terms of Service

1. Parties and Scope

This agreement is made between Besa Software, LLC, Wyoming, USA ("Company"), the operator of the BinaYön software platform ("Platform"), and any individual or legal entity that registers or accesses the platform ("User").

The Platform is an international SaaS (Software as a Service) solution designed to help building, apartment, and residential complex managers handle dues tracking, expense management, resident communications, and related operational processes.

2. Account Creation and Security

• You must be at least 18 years old or represent a legal entity to create an account.
• Information provided during registration must be current, accurate, and complete.
• The account holder is solely responsible for account security; do not share your password.
• If you detect unauthorized access to your account, immediately notify support@binayon.com.
• A separate account is recommended for each organization.

3. Subscription and Pricing

BinaYön offers subscription plans for different usage needs:

• Fees are billed in USD; monthly or annual payment options are available.
• For annual plans, the refund period is 14 days from the purchase date.
• Price changes are communicated 30 days in advance by email.
• Non-payment results in account suspension after 15 days and possible deletion after 30 days.
• Payment processing is handled by secure third-party processors; card details are not stored by the Company.

4. User Responsibilities

• The building manager is responsible for the accuracy of resident and property information entered on the platform.
• Obtaining necessary consents for processing residents' personal data under applicable law (GDPR, KVKK, etc.) is the manager's obligation.
• Notifications and messages sent via the platform must contain genuine and relevant information; spam is prohibited.
• Automated requests (bots, scrapers, etc.) that overload the system are not permitted.
• Unauthorized access attempts to other users' accounts are prohibited.

5. Data Ownership

All data entered into the platform (resident information, financial records, building data, etc.) belongs to the user. Besa Software, LLC makes no ownership claim over this data.

• You may export your data at any time in CSV / Excel format.
• A 30-day data download period is provided before account deletion.
• Besa Software, LLC may use only anonymous and aggregated statistical data for service improvement.

6. Service Continuity and Outages

• BinaYön targets 99.5% monthly availability.
• Planned maintenance is announced 48 hours in advance and performed between UTC 02:00–06:00.
• Priority technical support is provided for Pro and Enterprise plans.
• Outages caused by natural disasters, cyberattacks, or infrastructure providers are outside the Company's liability.

7. Intellectual Property

The platform software, interface, logo, and brand elements belong to Besa Software, LLC and are protected by international copyright law. Users are granted only a limited, non-exclusive, non-transferable license to use the platform within the scope of these terms.

User feedback and suggestions may be used by the Company to improve the platform without any payment obligation.

8. Limitation of Liability

Besa Software, LLC's total liability is limited to the subscription fees paid by the user in the preceding 12-month period. No liability is accepted for:

• Indirect, special, or consequential damages
• Data losses caused by user error or unauthorized access
• Disruptions arising from third-party integrations
• Legal or financial consequences resulting from incorrect data entered on the platform

9. Prohibited Activities

The platform may not be used for:

• Activities that are illegal in any jurisdiction
• Collecting or sharing personal data without consent
• Spreading malware to harm other users
• Attacking or unauthorized security testing of platform infrastructure
• Copying or redistributing platform data to develop competing commercial products

Accounts may be suspended without prior notice upon detection of violations.

10. Termination

11. Governing Law and Dispute Resolution

This agreement is governed by Wyoming state law and applicable US federal law, excluding conflicts of law rules.

• Mediation: For any dispute, the parties must first attempt good-faith resolution for 30 days following written notice.
• Binding arbitration: If unresolved, the dispute shall be submitted to binding arbitration in Wyoming under JAMS or AAA rules. Class action rights are waived.
• Consumer exceptions: EU and Turkey users do not waive mandatory rights under their applicable consumer protection laws.

12. Changes

Besa Software, LLC reserves the right to modify these terms. Material changes are notified to your registered email address at least 30 days before taking effect. Continued access to the platform after the notification date constitutes acceptance of the changes. In the event of any conflict between the English original and translations, the English version prevails.

13. Contact