Terms & Conditions

1. Agreement & Acceptance

These Terms of Use (the “Terms”) are part of the overall agreement (collectively, the “Agreement”) between you (“you”) and ARBIGAIN. The Agreement governs your use of our platform, analytics, information, applications, websites, and other products and services (collectively, the “Services”).

By accessing or using the Services in any manner, you agree to (1) these Terms; (2) our Privacy Policy; and (3) any other policies or community guidelines we post in our Services. If you use the Services on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are authorized to bind the entity, and (b) you agree to the Agreement on the entity’s behalf.

Important: Section 14 includes an arbitration clause and a waiver of class/collective actions. You may opt‑out within 30 days of first acceptance (see Section 14).

2. Access & Passwords

You must be at least 18 years old to use the Services. To access most features, you must create an account, provide accurate information, and keep it up to date. We may allow third‑party authentication (e.g., sign‑in with Google); those services are not controlled by us and are subject to their own terms and privacy policies.

You are responsible for all activity under your account and for maintaining the security of your credentials. Notify us immediately at support@arbigain.com of any unauthorized use. You may be liable for losses caused by unauthorized use of your account.

3. Your Obligations

A) Subscriptions

Some features are free or may be free during a promotional period; many require a paid subscription. If you purchase a subscription, it auto‑renews at the frequency shown on your subscription page (monthly unless otherwise specified). Your saved payment method will be charged at each renewal for applicable fees and taxes. For annual plans, we use reasonable efforts to notify you before renewal.

You may cancel, downgrade, or pause (1, 3, or 6 months) at any time using (i) self‑serve account settings, (ii) our support chat, or (iii) email to support@arbigain.com. Changes take effect at the end of the current billing period. Pausing does not cancel and is subject to renewal at the end of the pause.

B) Payments

You agree to pay all fees for the Services you select. By submitting a payment authorization, you authorize us to charge the designated method and to store payment details. New customers are eligible for a full refund if you cancel within seven (7) days of initial purchase. Except as expressly set forth herein, payments are non‑refundable; there are no credits for partial periods or non‑usage. After cancellation, your paid access continues until the end of the current period.

If a charge remains unpaid for 30 days, Services may be suspended or terminated and a late fee of 1.5% per month (or the maximum allowed by law) may apply. You are responsible for collection costs and any taxes, fees, or surcharges incurred through your account.

C) Prohibited Uses

You may use the Services only (i) for your internal business purposes; (ii) by the number of authorized users licensed; (iii) without unauthorized alteration or combination except as allowed by our documentation; and (iv) in compliance with applicable laws and our instructions.

You agree you will not (without limitation): damage or overburden the Services; upload malware; reverse engineer; resell or commercially exploit access; use automated means (bots, crawlers) without written consent; create derivative works of the Services; frame, mirror, or cache the Services; impersonate others or mislead as to source; attempt unauthorized access; remove or obscure proprietary notices; portray us or the Services in a false, misleading, or derogatory manner; restrict other users’ use; post unlawful, defamatory, obscene, hateful, or otherwise objectionable content; or send unsolicited commercial communications except as expressly allowed.

You will protect our confidential information using at least the same degree of care you use for your own confidential information (and not less than reasonable care). Upon termination, you will return or destroy our confidential information.

4. Our Obligations

Subject to your compliance with this Agreement, we grant you a limited, non‑exclusive, non‑transferable license to access and use the Services during the term. Our handling of personal data is described in our Privacy Policy (see also obligations under GDPR/KVKK, where applicable).

We are not obligated to monitor content but may do so to operate the Services, comply with law, or protect ourselves and users.

5. Duration of Terms

This Agreement remains in effect until terminated by you or us. You may terminate by notice or by canceling your subscription. We may suspend or terminate for breach, or at any time for any reason with notice. Upon termination, your license ends and access ceases; your payment and confidentiality obligations may survive as expressly stated.

6. Third‑Party Content & Services

A) Authorization

The Services may integrate with third‑party platforms (the “Third‑Party Platforms”) via APIs or browser extensions—e.g., Amazon services, Google, Meta, X, LinkedIn. We are not affiliated with or endorsed by these parties unless explicitly stated. Their terms and privacy policies apply to your use of their services.

To enable certain features (e.g., Amazon Seller Central data access), you may authorize us to collect and process data from your Third‑Party Platform accounts (“Company Data”), which may include your customers’ information (“Your Customer Data”). You represent you have the rights and consents to provide such access and data. We do not control Third‑Party Platforms and are not responsible for their operations, security, or data accuracy.

B) Company Data

You grant us a non‑exclusive right to use Company Data to provide and improve the Services, deliver insights, and for other legitimate business purposes. You warrant that providing Company Data does not infringe third‑party rights or violate law.

C) Your Customer Data

Except as set forth herein, we process Your Customer Data solely to provide the Services, and we will not sell it or use it for promotional purposes. We implement commercially reasonable safeguards, acknowledging that no Internet transmission is perfectly secure. We may use aggregated, anonymized data for statistics, benchmarking, and service improvement without identifying you or your customers.

7. Public Postings & Licensed Materials

Content you post publicly (profiles, reviews, comments, uploads, etc.) is non‑confidential. Exercise caution when sharing personal information. Other submissions (feedback, suggestions) that exclude personal information are also non‑confidential.

By providing Public Postings or Submissions, you grant us a worldwide, perpetual, irrevocable, royalty‑free, sub‑licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display such content, and you waive any moral rights to the extent permitted by law.

We may remove content that violates this Agreement (including intellectual property or community guidelines) and may terminate accounts in our discretion.

8. Warranties & Disclaimers

If you are dissatisfied with the Services, your sole remedy is to stop using them (and, for paid terms without a minimum commitment, to cancel on 30 days’ notice). You remain responsible for charges accrued prior to termination. While we use commercially reasonable efforts to keep information current and accurate, we do not warrant accuracy, completeness, or suitability.

THE SERVICES ARE PROVIDED “AS IS”. EXCEPT AS EXPRESSLY STATED, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, NON‑INTERFERENCE, SYSTEM INTEGRATION, AND ACCURACY OF DATA. WE DO NOT WARRANT UNINTERRUPTED OR ERROR‑FREE OPERATION OR FREEDOM FROM MALWARE. YOU ASSUME SECURITY RISKS FOR INFORMATION YOU TRANSMIT.

9. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS/INACCURACY OF INFORMATION, EVEN IF FORESEEABLE. OUR AGGREGATE LIABILITY RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM (OR USD $10 IF THE SERVICES ARE FREE).

You agree to defend, indemnify, and hold harmless us and our affiliates and personnel from claims, damages, costs (including reasonable attorneys’ fees) arising out of (i) your breach of this Agreement, (ii) activities under your account, (iii) your use of the Services, (iv) your violation of third‑party rights or applicable laws, and (v) your content or data.

We are not liable for events beyond our reasonable control (force majeure), including natural disasters, acts of authorities, war, labor disputes, Internet/hosting failures, or malicious attacks.

10. Modification of Terms

If there is a conflict between these Terms and an order form executed by you and us, the order form controls. We may update these Terms by email notice (if you provided a valid email) and/or posting on the Services. Changes take effect when posted or when notice is delivered, whichever occurs first. If you object, your sole remedy is to stop using the Services and cancel your subscription. Continued use constitutes acceptance of the updated Terms.

11. Modifications to Services

We may modify, add, or remove features or discontinue the Services at any time. Your remedy is to terminate this Agreement or cancel your subscription. Continued use after changes indicates acceptance.

12. Ownership

We and our vendors retain all right, title, and interest in and to the Services, our websites, software, analytics, content, logos, audio/visual assets, design “look and feel,” data compilations, usage data, and outputs generated by the Services. Unless otherwise stated, all content is owned by us or our licensors and protected by applicable laws. Unsolicited ideas you submit become our property without compensation.

13. International Users

The Services are operated from Türkiye. Access from other locations is at your own initiative and subject to these Terms and all applicable export, import, and local laws. You agree not to use the Services in violation of applicable sanctions or export controls.

14. Dispute Resolution / Arbitration & Class Action Waiver

Informal Resolution First. Before initiating arbitration or court proceedings, you agree to email legal@arbigain.com with a detailed description and allow 30 days for resolution.

Arbitration. Where permitted by law, any dispute arising out of or relating to these Terms or the Services shall be finally resolved by individual, binding arbitration under the ISTAC (Istanbul Arbitration Center) Arbitration Rules by one arbitrator, seated in Istanbul, Türkiye, and conducted in Turkish or English. Judgment on the award may be entered in any court of competent jurisdiction. Class, collective, or representative actions are not permitted. If the class waiver is found unenforceable, this arbitration clause shall be void as to that dispute.

Small‑Claims Alternative. Where applicable law permits, you may bring an individual claim in small‑claims court or its local equivalent instead of arbitration.

Opt‑Out. You may opt out of arbitration by emailing legal@arbigain.com within 30 days of first accepting these Terms, stating your full name, account email, and a clear statement that you opt out of arbitration.

15. Miscellaneous & Contact

Governing Law. These Terms are governed by the laws of the Republic of Türkiye, without regard to conflict‑of‑laws principles. The courts and enforcement offices of Istanbul, Türkiye have exclusive jurisdiction, except as otherwise provided in Section 14.

Assignment. You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets, provided the assignee assumes our obligations.

Severability & Waiver. If any provision is held invalid, the remainder shall remain in effect. Our failure to enforce any provision is not a waiver.

Limitation Period. Any claim related to the Services must be filed within six (6) months after it arose, or it is permanently barred, unless a longer period is mandatorily required by applicable law.

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