Table of Contents
Terms of Use
Thank you for visiting the www.getpaydas.com website and/or Paydaş mobile application. By using the www.getpaydas.com website and/or mobile application, you fully accept the Terms of Use specified below; by completing the membership form and electronically confirming the Membership Agreement, you are deemed to have accepted all the terms of Membership Agreement.
The services offered on the www.getpaydas.com website and/or mobile application are provided by PAYDAŞ TEKNOLOJİ YATIRIMLARI VE GAYRİMENKUL ANONİM ŞİRKETİ ("Paydaş"), which is the legal owner of the Site. All usage and disposition rights on the Site belong exclusively to Paydaş.
1.Definitions
Terms of Use
The terms of use regulated in this document.
Service/Services
The services provided by Paydaş via the Site to enable Members or Users to perform the tasks and transactions defined in this Agreement.
Content/Contents
All services on the Site and information, texts, content related to real estate, software on the Site, videos, music, audio, graphics, photographs, animations, images, names, logos, page layout, services offered for sale/use, trademarks, trade names, domain names, logos, icons, demonstrative, written, electronic, graphic, or machine-readable technical data, computer software, applied sales system, business methods, and business models, including but not limited to all content and other related elements.
Personal Data Protection and Privacy Policy
The document that regulates Paydaş's general privacy policy regarding the personal data transmitted by Members through the Site, including but not limited to how and for what purposes Paydaş will use such data. This document can be accessed by clicking here.
User/Users
Persons who use the Site in any way, whether or not they are members.
Site
The website created under the domain name www.getpaydas.com and its subdomains, along with the mobile application offered by Paydaş Teknoloji Yatırımları ve Gayrimenkul Anonim Şirketi.
Member/Members
Persons who become members of the Site and benefit from the services offered on the Site, regardless of whether they make any investment, subject to the terms specified in this Agreement.
2. Amendments
Your access to the Site, any interaction with the Content, or the use of any information contained on the Site constitutes your prior acceptance of these Terms of Use. The Terms of Use may be updated from time to time in accordance with technical requirements and changes in applicable legal regulations.
Important:
Paydaş reserves the right to modify the information on the Site, real estate data and values, site layout, and other content, and to suspend their publication at any time without prior notice. This Agreement cannot be amended unilaterally by the Member.
3. Intellectual Property Rights, Commercial Rights, and Other
Proprietary Rights
All intellectual and industrial property rights over the Content, including but not limited to commercial rights, belong exclusively to Paydaş, or Paydaş holds the necessary permissions or licenses to use them.
User Obligations:
Cannot use, modify, copy, or reproduce content without permission
No reverse engineering
Cannot use on other websites
No commercial use
Cannot compete with Paydaş
4. Liability
Paydaş shall not be liable for breach of contract, tort, error, misrepresentation, and/or any other reason, any direct or indirect damages arising from access to the Site, use of the Site or Content in any way. Paydaş shall not guarantee that downloadable and/or shareable Content is free from harmful viruses, software, and other malicious codes.
User Responsibility:
Users are required to comply with general morality and decency, all applicable national and international regulations, communications and internet security rules when using the Site.
5. Governing Law and Jurisdiction
Any disputes arising from these Terms of Use shall be governed by Turkish Law, and the Istanbul (Central) courts and enforcement offices shall have exclusive jurisdiction for the resolution of such disputes.
Membership Agreement
1. Parties
1.1 This Membership Agreement ("Agreement") is executed between PAYDAŞ TEKNOLOJİ YATIRIMLARI VE GAYRİMENKUL ANONİM ŞİRKETİ ("Paydaş"), the legal owner of the www.getpaydas.com website and Paydaş mobile application and the User who wishes to become a member of the Site. Paydaş and the Member shall be referred to individually as a "Party" and collectively as the "Parties."
User Responsibility:
Title: PAYDAŞ TEKNOLOJİ YATIRIMLARI VE GAYRİMENKUL ANONİM ŞİRKETİ
MERSİS No: 0723096382000001
Address: KOŞUYOLU MAH. MAHMUT YESARİ CAD. NO: 31 İÇ KAPI NO: 1 KADIKÖY / İSTANBUL
Phone Number: (0216) 339 02 59
Website: www.getpaydas.com
E-Mail: info@getpaydas.com
1.3 This Agreement is deemed to be established upon the completion of the membership form and the electronic approval of the Agreement on the Site by the User, allowing first-time member login. By becoming a member and logging into the Site for the first time, the User acknowledges, declares, and undertakes that they have read, fully understood, and accepted all provisions of this Agreement.
2.Definitions
Smart Contract
A pre-coded contract stored on the blockchain that executes the agreed-upon contractual terms by the Parties, automatically.
Paydaş Account
An account in which the assets owned by the Users on the Site are held, through which asset transfers are made via banks, or which is directly integrated with a bank account.
Participation Income Digital Share/Shares
The digital shares subject to participation income, which are proportionally valued in accordance with the investments made by the Members, limited in number, digitally generated, exclusively tradable on the Site, and not transferable to third parties, and which represent the participation income derived from the lease agreements pertaining to the Real Properties after the deduction of taxes, expenses, and various billable costs from the rental income.
Real Estate/Real Estates
Any and all real properties that are or will be owned by legal entities in which Paydaş Teknoloji Yatırımları ve Gayrimenkul Anonim Şirketi holds or will hold a majority shareholding, its affiliates and group companies, or any legal entities with which it is or will be contractually cooperating.
Personal Data Protection and Privacy Policy
The document regulating Paydaş's general privacy policy regarding the personal data transmitted by Members through the Site, including but not limited to how and for what purposes such data will be used.
3. Subject and Scope of the Agreement
This Agreement sets forth the scope of the Services, the conditions for benefiting from such Services, and the rights and obligations of the Parties, and includes all notices, statements, and explanations made by Paydaş within the Site regarding the use, membership, and Services.
4. Scope of Services
4.1 The Services to be provided by Paydaş through the Site shall consist solely of enabling the purchase and sale of digital Participation Income Shares, the value of which is determined proportionally to the amount of investment made by the Members, based on the participation income derived from the current monthly rental income of the Real Properties after deduction of taxes, expenses, and various billable costs, and which may entitle the holder to a bonus payment if held for a certain period.
4.2 Paydaş, either through legal entities in which it holds or will hold a majority shareholding, its affiliates and group companies, or companies with which it is or will be in contractual cooperation, makes investments by acquiring real estate properties—primarily located in the United States and other countries with high return potential as determined by expert appraisers—and establishes lease agreements by renting out such Real Properties.
4.3 All tax obligations, insurance, maintenance, repair operations, and other legal responsibilities related to the Real Properties underlying the Participation Income Digital Shares shall be fulfilled by the legal entities that own such Real Properties and are affiliates of, or in cooperation with, Paydaş.
4.4 Paydaş undertakes to disclose on the Site and/or provide to Members upon request the title deed information of the Real Properties; documents evidencing its shareholding in the legal entities; the lease agreements pertaining to the Real Properties; certified valuation reports issued periodically by real estate valuation experts; the total number of Participation Income Digital Shares offered; and the total number of shares and investors.
4.5 Upon completion of their investment, Members shall be entitled to receive a monthly income in proportion to the determined value of their Participation Income Digital Shares, derived from the rental income collected from the Real Properties after the deduction of taxes, expenses, and various billable costs. Such income shall be transferred to the Member's Paydaş Account at intervals and within the timeframes to be determined by Paydaş.
5. Membership and Terms of Use
5.1 Membership shall commence upon the submission of the necessary personal information by the person wishing to register on the Site, the completion of the registration process, and the electronic approval of this Agreement, at the moment of the first login by the Member. Paydaş reserves the right to reject any membership application.
5.2 In order to be eligible for membership on the Site, an individual must be of legal age and a real person, possess legal capacity in accordance with the relevant provisions of the Turkish Civil Code No. 4721, must not have been temporarily suspended or permanently banned from membership under this Agreement, and must meet any additional criteria determined by Paydaş.
5.3 The Member is required to verify their identity, Turkish Identification Number, and residency information (via an official document obtained through the e-government system) and to provide any additional information or documents requested by Paydaş in accordance with applicable legal regulations through the Site.
Important Obligations:
All information must be accurate, complete, and current
System access information security
Lawful use compliance
No transfer to third parties
6. Rights and Obligations
6.1 Rights and Obligations of the Member
6.1.1 Members shall transfer funds to their Paydaş Account, located within the Membership section of the Site, via wire transfer, EFT, or FAST methods through banks operating in Turkey, by transferring the amount to the bank account notified by Paydaş and entering Paydaş's legal title as the recipient.
6.1.2 In the event that the transfer is in violation of the terms of this Agreement, is not approved by Paydaş for any reason, or the Member requests the return of funds loaded into the Paydaş Account, such funds shall be refunded to the Member's bank account within a maximum period of seven (7) business days.
6.1.3 Members may purchase Participation Income Digital Shares related to the Real Estates listed for sale by Paydaş on the Site by using the funds in their Paydaş Account, provided that they accept all terms and conditions, including pricing, as set forth in the separate Digital Share Sale Agreement.
6.1.4 By approving this Agreement, Members acknowledge and agree that they are aware of the risks associated with the purchase and sale of Participation Income Digital Shares and shall not hold Paydaş liable for any direct or indirect damages arising from or related to such transactions.
Risk Warning
Paydaş shall not be liable for any profits or losses arising from share sales, cancellations of share sales, price fluctuations, force majeure events, or any other reason. Paydaş makes no commitment or guarantee, including but not limited to any assurance of profit or avoidance of loss.
6.2 Bonus Payments
6.2.1 In case Members hold the Participation Income Digital Shares for the period specified in the relevant Real Estate's Digital Share Sale Agreement, they shall, at the end of such period, become entitled to a bonus payment—on a per-share basis and proportional to their shareholding—in addition to the participation income obtained from the Real Estates.
6.2.2 Participation income payments and bonus payments are independent from each other and the bonus payments shall only be made at the end of the period specified herein, provided that the value of the relevant Real Estate has increased or a sale has occurred at this increased value, as evidenced by certified valuation reports.
6.2.3 Bonus payments are additional and discretionary payments made in addition to participation income and shall only be payable if there is an increase in value and the Member has held the Participation Income Digital Shares for the duration specified in the relevant Real Estate's Digital Share Sale Agreement.
Bonus Payment Conditions:
Holding shares for the specified duration
Real estate value appreciation
At Paydaş's discretion
Does not constitute vested rights
6.3 Rights and Obligations of Paydaş
6.3.1 Paydaş reserves the right to modify, restrict access to, or remove any of the Services provided on the Site at any time, including restricting access for Members, Users, or third parties, without prior notice.
6.3.2 Paydaş reserves the right and authority, at its sole discretion, to freely determine the number and maximum limit of Participation Income Digital Shares to be issued and/or available for purchase by any Member, the conditions under which such shares will be offered for sale, as well as the terms and conditions of buy-back, sale, or transfer.
6.3.3 Paydaş continuously monitors the accuracy and currency of the information related to Services and Real Estates. However, despite all reasonable efforts, discrepancies may occur between the information presented on the Site and the actual conditions.
6.3.4 Except as provided in the Digital Share Purchase Agreement, Paydaş shall not provide any express or implied guarantees regarding the accuracy, timeliness, or continuity of the information provided on the Site.
Bonus Payment Conditions:
Holding shares for the specified duration
Real estate value appreciation
At Paydaş's discretion
Does not constitute vested rights
7. Intellectual Property Rights, Commercial Rights, and Other
Property Rights
7.1 All intellectual and industrial property rights, including but not limited to commercial rights, related to the Site belong exclusively to Paydaş, or Paydaş holds the necessary permissions or licenses to use them.
Prohibited Uses:
Unauthorized use, copying, modification
Reverse engineering
Use on other platforms
Commercial use
Competition
In Case of Violation: Any actions violating Paydaş's rights shall be subject to legal and criminal sanctions under applicable legislation, and compensation will be demanded.
8. Amendments to the Agreement
8.1 Paydaş reserves the right to make modifications and/or adaptations to this Agreement at any time by announcing them on the Site, particularly to improve the quality and nature of the Services, at its sole discretion and unilaterally.
Amendment Process:
Announcements made on the Site
Email notifications sent
Changes effective from publication date
Deemed accepted in advance by Member
9. Confidentiality and Protection of Personal Data
9.1 Paydaş undertakes to process, safeguard, and protect the personal data provided by the Member through the Site for the purpose of utilizing the Services in compliance with all applicable legislation, including but not limited to the Personal Data Protection Law No. 6698.
Personal Data Processing:
By benefiting from the Services offered on the Site and/or creating a membership account, the Member explicitly and voluntarily consents to the collection, use, transfer, and other forms of processing of their personal data as specified in the Personal Data Protection and Privacy Policy.
10. Force Majeure
10.1 The term force majeure refers to unforeseen and unavoidable events that occur beyond Paydaş's reasonable control and despite its due diligence. These events include, but are not limited to, natural disasters, riots, wars, strikes, epidemics, curfews/restrictions, communication disruptions, infrastructure and internet failures, power outages, adverse weather conditions.
10.2 Cyberattacks, infrastructure failures, issues arising from internet service providers, maintenance, or upgrade operations related to the Site, and any resulting malfunctions that are not attributable to fault of Paydaş shall also be considered force majeure events.
10.3 In all legally recognized force majeure situations, Paydaş shall not be deemed in default or liable for any delay, incomplete performance, non-performance, or defective performance of its obligations under this Agreement.
Force Majeure Consequences:
Paydaş shall not bear any legal liability
No compensation claims shall be made
Membership and share purchases may be cancelled
Right to amendments reserved
11. Termination of the Agreement
11.1 This Agreement shall remain in force and continue to produce legal effect between the Parties for the duration of the Member's registration on the Site. The provisions and conditions set forth in the Digital Share Sale Agreement shall remain reserved.
11.2 In the event that the Member cancels their membership after the Digital Share Sale Agreement has been executed, or if the membership is terminated by Paydaş based on the provisions set forth in this Agreement, the provisions of the Digital Share Sale Agreement shall apply.
11.3 Paydaş may, at any time and without providing any justification or incurring any compensation liability, unilaterally terminate this Agreement and end the Member's membership. In cases where there is a just cause, such actions may be taken without notice. In all other cases, such termination shall take effect two (2) days after an email is sent to the Member's registered email address.
Termination Reasons:
Activities that manipulate the Site's operation
Transferring user profile to another person
Infringing intellectual and industrial property rights
Unauthorized and/or unlawful transactions
12. Miscellaneous
12.1 The invalidity of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions
12.2 The most recent version of this Agreement shall be made available on the Site for the Member's access at all times.
12.3 Paydaş may transfer and assign its rights, obligations, debts, and/or receivables arising from this Agreement to third parties without requiring the consent or approval of any Member.
12.4 In resolving disputes arising from the implementation of this Agreement, Paydaş's commercial books and records, as well as the electronic data and computer records stored in its database and servers, shall constitute conclusive evidence.
13. Governing Law and Jurisdiction
13.1 This Agreement, including its interpretation, execution, and the legal relationships arising from it, shall be governed exclusively by Turkish Law. Any disputes arising from or in connection with this Agreement shall be under the exclusive jurisdiction of the Istanbul (Central) Courts and Execution Offices.
14. Commercial Electronic Communications
14.1 Unless expressly notified by the Member, acceptance of this Agreement constitutes the Member's explicit consent to receive service notifications, advertisements, promotional offers, campaigns, benefits, surveys, and other customer satisfaction communications from Paydaş.
The Member acknowledges and agrees that, by registering on the Site and/or by any other means, they have provided and may continue to provide personal and transaction-related data, and they hereby grant consent for such data to be collected, processed, stored, and archived for the purposes of enhancing service quality, improving the Site's functionality, and facilitating user experience.
Communication Consent:
Paydaş is authorized to contact via internet, telephone, SMS, email and other communication channels. This consent can be withdrawn at any time by sending a notification to info@getpaydas.com email address.