1. Parties

This User Agreement (“Agreement”) is concluded between HOMESBERG TECHNOLOGY AND CONSULTING INC. (“Company”) and the individual who registers as a user (“User”) on the websites located at www.homesberg.com, www.app.homesberg.com (“Sites”) and the cloud-based property management and pricing applications (“Applications”) accessed through the Sites or Mobile Applications. The Agreement will come into effect upon the User’s electronic acceptance and will remain in effect unless terminated by the parties in accordance with the procedures specified in the Agreement.

2. Subject and Scope of the Agreement

2.1 This Agreement is concluded to determine the terms and conditions regarding the use of the Application(s) by the User and the rights and obligations of the parties regarding the data (“Content”) uploaded to the Application by the User.

2.2 The Application covers all products offered by the Company to Users. In this Agreement, the Application and Site together will be referred to as the Homesberg platform (“Platform”).

2.3. The terms and conditions for using the Platform provided by the Company to Users within the scope of the Site, rules, and conditions are an integral and inseparable part of this Agreement, and along with the rights and obligations stated here, they constitute the entirety of the parties’ rights and obligations.

3. Rights and Obligations of the Parties

3.1 The User acknowledges that in order to benefit from the Platform, they need to provide the information requested by the Company accurately and up-to-date, and by accepting this Agreement electronically. The User agrees that they are aware that, in case of any changes in the information provided during the establishment of the User status, such information will be updated immediately. The Company is not responsible for the inability to access the Platform or benefit from it due to incomplete or inaccurate information or outdated information.

3.2 The User declares that they are at least 18 years old and have the legal capacity to enter into this Agreement. If the User accesses the Site on behalf of a business entity, the User acknowledges and represents that they have the necessary authority for this purpose. In this case, the rights and obligations related to the User’s status will belong to the business entity.

3.3 The User has the right to establish only one User account, and it is prohibited to establish a second account using the same or different information after the User’s account has been suspended or terminated by the Company. The Company reserves the right to reject the opening of a User account at its own discretion without providing any reason.

3.4 The User will access the Site using their email address or username and password. The User is responsible for maintaining the confidentiality and security of their password. Any activity performed using these credentials will be assumed to be performed by the User, and the User will be responsible for any legal and criminal liability arising from these activities. If the User becomes aware of unauthorized use or security breaches of their password, they will immediately notify the Company.

3.5 The User agrees to use the Application for lawful activities only and to comply with the terms and conditions set forth in this Agreement, as well as the applicable laws and regulations and other provisions specified on the Site and Application. The User may use the Platform on behalf of third parties authorized to provide services to third parties, as long as they are authorized to do so. In this context, the User will ensure that such individuals also comply with this Agreement and all other provisions applicable to them.

3.6 The User may authorize a third party as an “Authorized User” to use the Application at various times. The identity of the Authorized User and the level of authorization within the scope of the Application will be determined by the User. The User will be responsible for the use of the Platform by Authorized Users, and the User may always control the access of Authorized Users to the Platform and may change or revoke their access level at any time and without reason. In the event of a dispute between the User and an Authorized User regarding access to the Platform or Content, the User will decide on the access and access level of the Authorized User.

3.7 The Content shared by the User remains the property of the User, and the User is responsible for all aspects of the Content. The Company has the right to use the Content under the license granted by the User in this Agreement. The Company is not responsible for the legality or accuracy of the Content, and disclaims any responsibility for losses or damages arising from or related to the Content. The User agrees that the Company can delete the Content from the Platform and systems based on financial regulations and other applicable laws and is not responsible for any data loss or damages incurred in this context.

3.8 The User will not engage in activities that may compromise the security and integrity of the computer and network systems hosted by the Company or third parties, hinder the operation of the Platform or other systems providing services, or interfere with or harm the functionality of the Platform or prevent other users from benefiting from it. The User will not engage in unauthorized access to the computer systems, devices, and software of the Company and third parties, transmit or upload files or content that may harm their operation, or engage in any activities that may constitute a criminal offense or give rise to civil liability or breach of any applicable law.

3.9 The User agrees not to use the Platform for activities such as sending spam, chain letters, and unsolicited commercial messages, creating false accounts, or collecting information about other users without their consent. The User will not use the Platform to distribute viruses, malware, or other malicious software, and will not attempt to gain unauthorized access to the accounts or networks of other users.

3.10 The User will not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the materials on the Platform, except for personal, non-commercial use or as expressly permitted by this Agreement.

3.11 The Company reserves the right to monitor the User’s use of the Platform and Content to ensure compliance with this Agreement. The Company may remove or disable any Content that, in its sole discretion, violates this Agreement or may harm the Company, other users, or third parties.

4. Amendment of the Agreement

4.1 The Company reserves the right to make changes to this Agreement at any time. The updated Agreement will be effective as of the date of publication on the Site. The User’s continued use of the Platform after the publication of the updated Agreement constitutes their acceptance of the changes.

5. Termination

5.1 The User may terminate this Agreement at any time by closing their account and ceasing to use the Platform. The Company may also terminate this Agreement and the User’s access to the Platform for any reason, including violation of this Agreement.

6. Governing Law and Dispute Resolution

6.1 This Agreement will be governed by and construed in accordance with the laws of the jurisdiction where the Company is located. Any disputes arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of that jurisdiction.

7. Miscellaneous

7.1 This Agreement constitutes the entire agreement between the parties regarding the use of the Platform and supersedes any prior agreements, understandings, or representations.

7.2 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Please note that this text is a sample user agreement and should not be considered legally binding. If you need a user agreement for a specific purpose, it’s recommended to consult with a legal professional to ensure it meets your legal requirements.

8. Commercial Electronic Messages

8.1 The User gives consent for the Company and its affiliated companies to send commercial electronic messages and other communications to them in accordance with relevant laws. These messages may include announcements about products and services offered by the Company and its affiliate companies, updates on current developments, celebratory messages, sharing of content such as presentations and newsletters, as well as promotions and advertisements. The purpose of these communications may involve informing the User about general or specific opportunities, conducting marketing activities, and facilitating sales and advertising processes related to goods, services, campaigns, and promotions.

The User acknowledges that their contact information, identity details, and marketing information are collected for the purposes stated above and are used for the execution of sales, advertising, campaigns, promotions, and communication processes. The User agrees that these communications may be sent through various channels, including but not limited to SMS/text messages, automated calls, phone calls, social media and online advertising networks, email, mail, and other electronic communication channels that comply with the law.

The User acknowledges that they can change their communication preferences at any time, or without providing any reason, they can reject the indicated action in the received messages to cease communication. The User consents to receiving commercial electronic messages and other communications through methods such as SMS/text messages, automated calls, phone calls, social media and online advertising networks, email, mail, and other electronic communication channels in compliance with the law.