TERMS TERMS

TERMS AND CONDITIONS OF SERVICE

For GRAVİTY İNŞAAT EMLAK GEMİ TURİZM SANAYİ VE TİCARET LİMİTED ŞİRKETİ (Homes Gravity)
Effective Date: January 1, 2026

ARTICLE 1 – CORPORATE INFORMATION AND GOVERNING LEGAL ENTITY

1.1. Legal Entity. These Terms and Conditions (the “Agreement“) govern the relationship between you (the “Client,” “you,” or “your“) and the legal entity operating the Homes Gravity brand and services, which is:
– Official Company Name: GRAVİTY İNŞAAT EMLAK GEMİ TURİZM SANAYİ VE TİCARET LİMİTED ŞİRKETİ.
– Trade Registry Number: 480371 (Ankara Chamber of Commerce).
– Tax Identification Number (Vergi Kimlik Numarası): 4111056150 (Doğanbey Tax Office).
– Registered Office Address: Beytepe Mah. Kanuni Sultan Süleyman Blv. No: 93 B İç Kapı No: 27 Çankaya/Ankara, Türkiye.
– Official Website: https://homesgravity.com
– Contact Emails: [email protected] | [email protected] | [email protected]
– Contact Numbers: +90 554 152 0020 | +90 545 586 0020
(Hereinafter referred to as “Homes Gravity,” “the Company,” “we,” “us,” or “our“).

1.2. Legal Framework. Our services and this Agreement are provided within the legal framework of the Republic of Türkiye. Key governing laws include the Turkish Civil Code (Türk Medeni Kanunu), which defines property rights and types of ownership; the Turkish Code of Obligations (Türk Borçlar Kanunu), which regulates contracts; and the Land Registry Law (Tapu Kanunu), which governs the official registration of property. This legal system is recognized as stable and structured, with well-established court precedents.

ARTICLE 2 – DEFINITIONS AND INTERPRETATION

2.1. Client. The individual, legal entity, or their authorized representative who accesses our services, receives property presentations, or engages with our advisors.

2.2. Services. The professional real estate brokerage, consultancy, market analysis, property sourcing, due diligence coordination, transaction facilitation, and related advisory services provided by Homes Gravity as detailed herein.

2.3. Property Presentation. Any digital or physical communication, package, report, or meeting wherein Homes Gravity introduces, details, or provides specific information about a property, project, developer, or investment opportunity to the Client. This includes, but is not limited to, emailed brochures, virtual tours, financial analyses, off-market listings, price lists, payment plans, and in-person or video consultations.

2.4. Procuring Cause. The actions of Homes Gravity that directly and demonstrably lead to the Client’s introduction to and interest in a specific property or project. This includes identifying the opportunity, providing exclusive or non-public information, arranging viewings, and facilitating initial introductions to the seller or developer.

2.5. Associated Persons. Any individual or legal entity affiliated with the Client, including but not limited to: spouse, parents, children, siblings, business partners, legal representatives, trustees, companies, limited liability companies (LLCs), corporations, or trusts in which the Client holds a controlling interest or beneficial ownership.

2.6. Total Gross Sales Price. The full, final contractual price for the purchase of a property as stated in the executed reservation agreement, promise of sale, or final sales contract, inclusive of any agreed-upon base price for the unit, land, or structure, before any deductions.

ARTICLE 3 – ACCEPTANCE AND FORMATION OF AGREEMENT

3.1. Acceptance of Terms. By accessing our website, responding to our communications, initiating contact for services, or receiving a Property Presentation from Homes Gravity, you expressly acknowledge that you have read, understood, and agree to be legally bound by this entire Agreement. This document constitutes a binding professional service agreement under Turkish law.

3.2. Formation Under Turkish Law. Pursuant to the Turkish Code of Obligations, a contract is deemed concluded when the parties have agreed on its essential elements. The essential elements of this Agreement are the provision of our Services in exchange for your adherence to these terms, including the non-circumvention and confidentiality obligations. Your conduct in receiving and acting upon our proprietary Property Presentation constitutes mutual consent and forms a valid contract.

3.3. Amendments. The Company reserves the right to amend these Terms and Conditions at its sole discretion. Continued use of our Services after the posting of amendments constitutes acceptance of those changes.

ARTICLE 4 – SCOPE OF SERVICES AND CLIENT OBLIGATIONS

4.1. Nature of Services. Homes Gravity acts as an independent intermediary and broker in real estate transactions. Our Services include:
– Sourcing and identifying property and project opportunities in Türkiye and other international markets.
– Conducting preliminary market and developer due diligence.
– Providing detailed Property Presentations including financial analyses, ROI projections, and legal overviews.
– Facilitating viewings and meetings with developers, sellers, and legal professionals.
– Assisting with negotiation, reservation processes, and transaction coordination.
– We are not a law firm, tax advisor, or construction guarantor.

4.2. Client’s Responsibility for Independent Advice. The Client acknowledges and agrees that it is their sole responsibility to seek and obtain independent legal counsel regarding property purchase contracts, tax implications (both in Türkiye and their home country), and immigration matters. The Client is also solely responsible for conducting their own final technical due diligence, including but not limited to, property inspections, verification of construction permits, and zoning status. Homes Gravity’s preliminary due diligence is not a substitute for the Client’s independent verification.

4.3. Accuracy of Client Information. The Client warrants that all information provided to Homes Gravity (financial status, investment goals, identity documents) is accurate, complete, and current. The Client must immediately inform Homes Gravity of any changes to this information.

ARTICLE 5 – PROCUREMENT, PROTECTION, AND NON-CIRCUMVENTION

5.1. Procuring Cause Recognition. The Client explicitly acknowledges that Homes Gravity is the “procuring cause” of any introduction to a property, project, developer, or investment opportunity shared through our Property Presentations, communications, or referrals.

5.2. Non-Circumvention Obligation. To protect the significant investment of time, expertise, and proprietary resources made by Homes Gravity, the Client agrees to a strict Non-Circumvention obligation. The Client shall not, directly or indirectly:
– Conclude any transaction, negotiation, or contract for any project introduced by Homes Gravity directly with the developer, seller, or owner.
– Use any third-party intermediary, agent, broker, or attorney to conclude a transaction for a project introduced by Homes Gravity in order to avoid paying the Company’s rightful fee.
– Disclose the identity of a developer or specific project details introduced by Homes Gravity to another agent for the purpose of securing the same or a similar property.

5.3. Extension to Associated Persons. This protection explicitly extends to all Associated Persons of the Client. A purchase, reservation, or agreement to purchase by any Associated Person for a project presented by Homes Gravity shall be legally deemed a purchase by the Client themselves, triggering all obligations under this Agreement, including the penalty clause in Article 6.

5.4. Protection Period. This Non-Circumvention obligation remains legally binding and in full force for a period of twenty-four (24) months from the date of the last Property Presentation or communication from Homes Gravity to the Client regarding any property or project.

ARTICLE 6 – MANDATORY PENALTY AND LIQUIDATED DAMAGES

6.1. The 15% Penalty. In the event of a material breach of the Non-Circumvention clause (Article 5), including a purchase by the Client or an Associated Person, the Client shall be legally liable to pay Homes Gravity a liquidated damages fee. This fee is calculated as fifteen percent (15%) of the Total Gross Sales Price of the property purchased.
– Legal Basis: This clause is designed as a genuine pre-estimate of the damages Homes Gravity would suffer from the loss of its rightful commission and the erosion of its business model, which relies on being compensated for its introductions. It is not intended as a punishment but as compensation, in line with principles under the Turkish Code of Obligations.

6.2. Immediate Payment Obligation. This penalty becomes due, owing, and payable in full immediately upon the execution of a reservation agreement, promise of sale, or final sales contract by the Client or their Associated Person. Payment shall be made in the currency of the sales contract or in Euros/US Dollars, as specified by Homes Gravity.

6.3. Recovery and Legal Costs. Should Homes Gravity be required to undertake legal action, engage collection agencies, or hire private investigators to enforce this Agreement and recover the penalty, the Client agrees to be responsible for and to pay all associated costs. This includes, but is not limited to:
– All international legal fees and attorney costs (on a full indemnity basis).
– All court costs and administrative fees in any jurisdiction.
– All reasonable costs for private investigation to establish the breach.
– All commissions owed to collection agencies.
– Any applicable interest on the overdue penalty amount.

ARTICLE 7 – CONFIDENTIALITY AND PROPRIETARY DATA

7.1. Definition of Confidential Information. All information shared by Homes Gravity in any Property Presentation or confidential communication is the exclusive and proprietary property of Homes Gravity, its partners, or the disclosing developers. This includes, but is not limited to: off-market or pre-launch opportunity details, developer price lists, special payment plans, internal financial analyses, ROI projections, construction schedules, and developer contact information not publicly available.

7.2. Obligation of Confidentiality. The Client agrees to hold all Confidential Information in strictest confidence. The Client shall not reproduce, distribute, share, publish, or disclose any Confidential Information to any third party, including other real estate agents, brokers, family members (except as necessary for a joint investment and who themselves become bound by these terms), online forums, or social media platforms.

7.3. Permitted Use. Confidential Information may be used by the Client solely for the purpose of evaluating the specific property investment opportunity presented by Homes Gravity. Any other use is expressly prohibited.

7.4. Material Breach. Unauthorized sharing or use of Confidential Information constitutes a material breach of this Agreement, entitling Homes Gravity to all remedies for breach, including but not limited to seeking injunctive relief and claiming damages.

ARTICLE 8 – INTELLECTUAL PROPERTY

8.1. Ownership. All content provided in Property Presentations, on our website, and in our marketing materials—including photographs, videos, virtual tours, graphic designs, market reports, financial models, and written analyses—is the intellectual property of Homes Gravity or its licensors and is protected by copyright and other intellectual property laws.

8.2. License. The Client is granted a limited, non-exclusive, non-transferable, and revocable license to use the intellectual property contained in a Property Presentation solely for the purpose of evaluating that specific investment opportunity. No rights are granted to modify, distribute, or commercially exploit any of this material.

ARTICLE 9 – PAYMENT FOR SERVICES AND COMMISSION STRUCTURE

9.1. Standard Commission. In a standard transaction where Homes Gravity represents the buyer (Client) and successfully facilitates a purchase, our commission is typically paid by the property seller or developer as part of the transaction. This commission is fully negotiable and not set by law.

9.2. Client-Paid Fees. In certain circumstances (e.g., off-market sourcing, exclusive search services, or where the seller does not offer a commission), Homes Gravity may enter into a separate agreement with the Client for a fixed fee or a percentage-based commission payable by the Client. Such terms will be outlined in a separate written agreement.

9.3. Commission Protection. The Client agrees that Homes Gravity is entitled to its full commission or fee if a transaction is concluded on terms economically identical to those we presented, even if the final contract differs in minor details or is for a slightly different unit within the same project.

ARTICLE 10 – LIMITATION OF LIABILITY AND DISCLAIMERS

10.1. Intermediary Role. The Client acknowledges that Homes Gravity acts as an intermediary and consultant. We do not guarantee the future value of any property, the accuracy of a developer’s promised completion date, the solvency of developers or partners, or changes in local government regulations, taxes, or immigration policies.

10.2. Force Majeure. Homes Gravity shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including acts of God, war, terrorism, government actions, pandemics, or severe market disruptions.

10.3. Limitation of Damages. To the maximum extent permitted by applicable Turkish law, Homes Gravity’s total liability to the Client for any claim arising out of or relating to this Agreement or our Services shall be limited to the total amount of fees paid by the Client to Homes Gravity in the twelve (12) months preceding the event giving rise to the claim. In no event shall Homes Gravity be liable for any indirect, consequential, incidental, special, or punitive damages, including lost profits or investment opportunities.

ARTICLE 11 – GOVERNING LAW AND DISPUTE RESOLUTION

11.1. Governing Law. This Agreement, and any non-contractual obligations arising from it, shall be governed by and construed in accordance with the laws of the Republic of Türkiye.

11.2. Primary Jurisdiction. The Parties agree that the courts of Ankara, Türkiye shall have primary jurisdiction to settle any dispute arising out of or in connection with this Agreement.

11.3. Company’s Right to Forum Selection. Notwithstanding Clause 11.2, to ensure effective enforcement of the penalty under Article 6, Homes Gravity reserves the sole and exclusive right to initiate legal proceedings in an alternative jurisdiction it deems most effective. This may include:
– The jurisdiction where the subject property is located.
– The jurisdiction where the Client is domiciled or has substantial assets.
– Any other jurisdiction where enforcement of a judgment is likely to be successful.
The Client irrevocably submits to the jurisdiction of such courts for the purpose of any such action initiated by Homes Gravity.

11.4. Arbitration Option. At its sole discretion, Homes Gravity may elect to resolve a dispute through binding arbitration in Ankara, Türkiye, under the rules of the Istanbul Arbitration Centre (ISTAC). The language of arbitration shall be English or Turkish, at Homes Gravity’s choosing.

ARTICLE 12 – MISCELLANEOUS PROVISIONS

12.1. Entire Agreement. This document constitutes the entire agreement between the Client and Homes Gravity concerning its subject matter and supersedes all prior discussions, representations, and agreements.

12.2. Severability. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

12.3. No Waiver. The failure of Homes Gravity to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

12.4. Assignment. The Client may not assign or transfer this Agreement without the prior written consent of Homes Gravity. Homes Gravity may assign this Agreement to a successor entity in connection with a merger, acquisition, or sale of assets.

12.5. Notices. All official notices shall be sent via email to the Client’s last known email address and to Homes Gravity at [email protected], or by registered mail to the registered addresses of the Parties.

BY PROCEEDING TO USE THE SERVICES OF HOMES GRAVITY, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THIS LEGALLY BINDING AGREEMENT.