User Agreement

1. The Parties

This BİTCİ BORSA User Agreement (“Agreement”), is made by and between BİTCİ Borsa Teknoloji A.Ş. (“BİTCİ BORSA”) and the user (hereinafter “User” or “You”) who shall, depending on the relevant platform’s specific attributes, utilize as a member or wherever possible, without membership any media, platform, and application (hereinafter “Platform”) developed, published, or operated by BİTCİ BORSA such as the bitci.com.tr website and BİTCİ mobile app, and who shall access and use any content, products, and services offered on these platforms, and shall enter in effect from the moment of execution of the acts and deeds as mentioned above.

In addition to the core services (Cryptocurrency Services) offered through the website, BİTCİ BORSA also offers Users who meet the conditions stipulated in this User Agreement, Staking Services for which the terms and condition will be announced on the Platform at certain intervals. Where applicable, each staking application shall be subject to the terms and conditions to be announced on regular basis. The conditions to be published on the bitci.com.tr website are an integral part and addendum to this User Agreement.

Do not use either directly or indirectly the products and/or services offered on the bitci.com.tr website or mobile app unless you agree with the conditions stipulated for the staking application (if applicable) in this User Agreement.

2. Definitions

2.1. BİTCİ BORSA: Refers to BİTCİ Borsa Teknoloji Anonim Şirketi.

2.2. Digital Wallet: Refers to a computer file where the addresses and passwords of crypto assets are stored. Crypto assets are transferable between addresses. The crypto asset addresses are randomly generated cryptographic public key pairs.

2.3. User: Refers to real person(s) who agree with the User Agreement published on the bitci.com.tr website.

2.4. Crypto Asset: Refers to a decentralized digital asset that uses cryptographic encryption, can vary depending on the free market conditions, can be used in swap transactions, and is designed as an alternative medium of exchange for cash.

2.5. Platform: Refers to the bitci.com.tr website and BİTCİ BORSA mobile applications used on Android and IOS operating systems.

2.6. Personal Data Processing and Privacy Policy: Refers to the document that defines the general privacy policy regarding personal data of and use of cookies by real persons who receive services from the BİTCİ BORSA, and that is accessible by the users.

2.7. Services: Refers to any BİTCİ BORSA applications offered to users for performing the business and transactions as described in this User Agreement.

2.8. LPPD: Refers to the Law No. 6698 on the Protection of Personal Data.

2.9. Company Policies: Refers to any documents that constitute an integral part of this Agreement and are attached hereto, and (i) Anti Money Laundering Policy (AML Policy), (ii) Know Your Customer (KYC) Policy, (iii) Personal Data Protection (PDP) Privacy Notice, (iv) Privacy Policy, and (v) Cookie Policy in particular. The mentioned documents are an integral part of this Agreement and any violation of the principles laid down in such documents shall constitute the violation of this Agreement as a whole.

3. Rights and Obligations

3.1. BİTCİ Borsa Teknoloji Anonim Şirketi is the owner of all services, domain names, software codes, interfaces, contents, product reviews, videos, algorithms, drawings, models, designs, and any other intellectual property (except contents and applications provided from third parties) associated with the services provided by BİTCİ BORSA. BİTCİ BORSA is the sole proprietor of the software, design, and copyright of the services provided. Copying, reproduction, distribution, or reverse engineering of the Services and pages associated therewith in any form whatsoever is strictly prohibited.

3.2. Users shall not transfer and sell their account, rights, and obligations to third parties, and shall not make available their subscription for use by others in any capacity whatsoever. Otherwise, BİTCİ BORSA has the right to cancel, terminate, and suspend the user’s account. The User agrees that he/she irrevocably waives all his/her rights as a result of BİTCİ BORSA's exercise of these rights. The User shall be responsible for all damages arising out of this clause and also assume any legal proceedings associated therewith.

3.3. Users shall sign up for membership by accessing the website or downloading applications belonging to BİTCİ BORSA from any Platform, or by logging in to the Platform, or after completing the registration form on the BİTCİ BORSA subscription page, upon electronic confirmation that they have understood and acknowledged this User Agreement. The User acknowledges that during subscription to the websites, applications or any Platform published by BİTCİ BORSA, he/she shall upload to the system his/her current and accurate ID information, photograph, and other contact information, and shall timely notify BİTCİ BORSA of any changes to such information. The use of the Services is conditional upon the acknowledgement of this Agreement. When registering for membership to the Platform, the User shall be solely responsible for the accuracy and confidentiality of the information provided, as well as to protect the password and username, and not to share them with anyone else. In cases where such information is obtained by third parties or in the event of unauthorized use of the Services, all transactions made by the User shall be deemed as executed by the User until the latter notifies BİTCİ BORSA via e-mail. BİTCİ BORSA shall not assume any responsibility in this case. BİTCİ BORSA is the sole holder of all ownership and proprietary rights regarding user accounts.

3.4. In no event shall BİTCİ BORSA be responsible for any delays faced by the User with regard to the times of access to and purchase, sales or other transactions of the products, services, or contents of BİTCİ BORSA. Any transactions by the User on the BİTCİ BORSA platforms must be explicitly made through the User’s own bank account. The rules governing the purchase, sales, and use of BİTCİ BORSA products and services by the User are made public on the relevant Platforms and constitute the rules and regulations published on any other pages as a whole. BİTCİ BORSA reserves the right to unilaterally modify the rules regarding access to and sales, purchase, and use of its products or services.  Neither BİTCİ BORSA nor its managers, employees, or any editors of the information provided on this platform shall assume any legal and penal liability for any damages, responsibility and/or losses arising out of the fault of the User.

3.5. Transactions by the Users on the Platform may only be carried out for lawful and regulatory purposes. The User hereby acknowledges that he/she shall be responsible for all legal and penal liability that may arise in cases where the Users is found to have violated the law and legislation. For the purposes of compliance to Legislation in terms of the Crypto Assets listed on the Platform and/or for any other reasons to be determined at its sole discretion (e.g., market conditions, instructions and/or decrees by public institutions and authorities, etc.) BİTCİ BORSA has the right to define the types and number of the Crypto Assets to be traded on the Platform, to determine their listing periods and other events such as campaigns, promotions, rewards, and to terminate any services with regard to such events for the campaigns, promotions, rewards on the Platform as it may deem necessary. BİTCİ BORSA shall announce on the relevant Platforms any changes as to the services and other activity as may be carried out on the Platform as well as the scope and means of the provision of the services in their modified forms due to legal arrangements, Company Policies, and other reasons. The scope of the services may vary depending on the jurisdiction which the User is a resident.

3.6. Conditions of membership to the Platform or the terms of use for the BİTCİ BORSA products, services, or contents and the Platforms on which the same are provided, may vary depending on the limits of transaction, the use of Services, and any other conditions that may apply. BİTCİ BORSA will not permit any transaction on the user account if the User fails to provide and document in a timely manner his/her ID and address information, or other information or documents, if any, requested by BİTCİ BORSA, or in the event of justifiable causes at the sole discretion of BİTCİ BORSA. The User’s documented identification and address information are requested for the purpose of system operation in accordance with applicable laws and regulations of the Republic of Türkiye, and the User acknowledges that such information and documents will be disclosed to relevant official authorities upon request by the latter.  BİTCİ BORSA hereby undertakes that other than the conditions mentioned above, it shall disclose the information and documents of the User’s identification and address with real and/or legal entities only to the extent of the BİTCİ BORSA Privacy Policy.

3.7. BİTCİ BORSA reserves the right to suspend or terminate the User’s membership, any rules governing the use or sales and purchase of the BİTCİ BORSA products and services, or the Services at any time and for any reason whatsoever.  In this case, BİTCİ BORSA may notify the User of this change through the Platforms. Transactions regarding the use of BİTCİ BORSA products, services or websites must be carried out through accounts, credit cards or other payment instruments solely registered to the User. In the event of any risk being detected regarding the transactions, BİTCİ BORSA has the right to cancel such transactions at the User's expense. BİTCİ BORSA shall not be held responsible for delays and transactions caused by the Bank, the User or any other third parties. BİTCİ BORSA reserves the right to request identification or other information/documents from the relevant user regarding the transactions that it rejects, deems risky and does not execute.

3.8. Support regarding the services is provided by e-mail at [email protected]. BİTCİ BORSA does not provide user support by any means other than this e-mail address, nor does it ask for your password during correspondence for support, and does not provide to its users any Crypto Asset address for the transfer of Crypto Assets.  This matter constitutes a notification and BİTCİ BORSA cannot be held responsible for any damages and losses suffered or likely to be suffered by its users due to an e-mail sent from an address other than the mentioned e-mail address. Users are solely liable to ensure the safety of their accounts.

Users may benefit from the Services on the Platform. Since it is not BİTCİ BORSA who defines the price action on the Platform, BİTCİ BORSA cannot be held liable for any existing or potential damages suffered by the users.

BİTCİ BORSA does not act as a financial advisor for investment, nor shall it provide investment advice in any form through the Platforms. In no event shall BİTCİ BORSA be held liable for purchase and sale transactions by the user on a trading platform other than BİTCİ BORSA and for any damages arising or to arise out of such transactions.

3.9. Investment in Crypto Assets involves certain risks. The User hereby acknowledges that he/she has the experience and knowledge required for the trading of and investment in Crypto Assets; that the price action of Crypto Assets is highly volatile, and that accordingly, Users are capable of considering both, financial and legal risks and rewards. In consequence, User shall not hold liable BİTCİ BORSA, its directors, employees, advisors, subsidiaries or affiliates for any potential impact or any losses or damages arising out of or resulting from the Services or any transactions made under the scope of this Agreement.

Users hereby represent and warrant that by acknowledging and executing this Agreement, they understand the risks of investment in Crypto Assets. The Users are solely responsible for any losses and profits resulting from changes in the prices of assets. In no event shall Users claim any rights from BİTCİ BORSA in the case of any loss or damage they may suffer.

3.10. While the User acknowledges that the transactions he/she makes via the Platforms do not result in direct or indirect violation of the laws or do not involve any criminal activity, given the nature of the contents, products or services accessed via BİTCİ BORSA, or the purchased assets, if applicable, it is technically impossible to track down the means of use, purpose and recipients of transfer or whether the same is used for criminal purposes. BİTCİ BORSA shall not be held liable for any current or future losses and damages as well as direct or consequential damages suffered by third parties as a result of the misuse of Crypto Assets.  Users are solely responsible for any legal liabilities, costs and tax obligations associated with the use of BİTCİ BORSA's products, services, websites, or contents. BİTCİ BORSA shall not be held responsible for any tax obligations and costs incurred by the Users’ losses and profits.

3.11. As a prudent businessman, BİTCİ BORSA represents and warrants that it shall provide the safety of the Users who sign up for membership to the Platform. In this context, User’s assets are stored in offline environments (cold storage) as a measure against potential cyberattacks. BİTCİ BORSA shall not be held responsible for any events including theft/fraud due to hijacking of the account and the use of BİTCİ BORSA Services, which may occur for any reason not associated with BİTCİ BORSA.

3.12. The Platform provides services only to real entities who are residents of the Republic of Türkiye. Users must be older than 18 years of age. The 18-year criterion is defined in accordance with the Central Population Administration of the Republic of Türkiye.  Subject to the scope of this Agreement, the User hereby represents and warrants that he/she is older than 18 years of age. BİTCİ BORSA reserves the right to terminate/suspend without notice any User accounts that are found or suspected to be operated by minors under 18 years old for any reason. Users who undertake that they are older than 18 years of age are solely liable for the accuracy of all information they provide. BİTCİ BORSA relies and acts upon this statement in all transactions relating to the User.

3.13. Each User can own a single user account only. The User may utilize this Platform for the sole purpose of benefiting from the Services described in this Agreement. BİTCİ BORSA reserves the right to terminate and/or suspend without notice the relevant User accounts if multiple accounts are found to be operated by the same user.

3.14. BİTCİ BORSA may cancel or reverse User transactions in cases of transactions with unrealistic prices due to technical errors, for reasons of safety or where required by the law, or for the purpose of correcting or ensuring correct operation of the system. Such User accounts may be put on hold during cancellation and reversal. BİTCİ BORSA shall not be held liable and no claims shall be made to BİTCİ BORSA for such measures.

3.15. Users acknowledge and undertake that BİTCİ BORSA or the Club shall not be liable for any damages that may arise from the unauthorized use, disclosure, or publication by third parties of their material on the Platforms; that they shall not use any pictures, nicknames, or content, and shall not post any comments or messages that are threatening, immoral, racist; in violation of the laws of the Republic of Türkiye or international treaties; that contain political messages, and which are in violation of third-party intellectual and industrial property; that the usernames, pictures, comments, topics, and nicknames to be posted to the Platforms shall conform to the general codes of conduct, ethics, and law; that they shall not contain political messages, and that the all financial rights listed in the Intellectual Property Law No. 5848 including those for the publication, processing, reproduction, distribution, representation to public through signaling, audio and/or visual transmission, and transfer and assignment to third parties are transferred to BİTCİ BORSA; that they shall not act in a manner to negatively impact the experience on the Platform of other users, and that he/she shall assume sole liability for any losses to be suffered by BİTCİ BORSA or the Club, or relevant users due to such misuse, and that in case of such misuse is identified, BİTCİ BORSA or the Club have the right to terminate or suspend the User’s account for the relevant service; that he/she shall not publish, print, reproduce or distribute any material or information that is defamatory, offensive, immoral, improper, indecent or illegal regarding the reputation of individuals or organizations; not advertise, sell or offer for sale any goods or services, conduct surveys, contests or chain letters; not send information or programs that may be destructive to the data or software on other Users' computers or the Platforms; that any data or materials through the use of the services offered on the Platform are obtained solely by the consent of the User, and the he/she is solely responsible for any damages, loss of data and any other losses they may cause in his/her computer.

3.16. The User hereby undertakes that while making money transfer transactions, he/she shall use the bank account registered in the same name as the User's name and operating under the laws of the Republic of Türkiye. The User shall be liable for any delays that may result from the User making transactions with different names or failure of the transaction. The return process of transfers made under different names is included in the "Help Center" section, which is an integral part of this Agreement. The User is also liable for any delays that may result from transfers made through ATMs or other methods of depositing money, or from the failure of the transfer. The procedures regarding such matters are provided in the “Help Center” section. Violation of these provisions by the User or any individual(s) directly or indirectly associated with the User shall result in unilateral termination of the Agreement for just cause, and the User shall assume all legal and penal liability. BİTCİ BORSA may opt to refuse to open an account for such individual(s) and may act upon such decision.

3.17. The User is liable to document any personal information such as ID upon request by BİTCİ BORSA. If the User fails to document his/her identity and other information despite request, BİTCİ BORSA has the right to refuse permission to any transaction on the User's account.

3.18. The Username and password required by the User to access the User Account and make transactions on the Platform are created by the User, who is solely responsible to ensure the safety and privacy of such information. The User must create a strong password for use on the Platform and such password must be specifically used on the BİTCİ BORSA platform only. The User is liable for the accuracy of any information supplied when signing up for a membership to the Platform, and hereby agrees, acknowledges, and undertakes that he/she has made any transactions using his/her username and password, that he/she is solely responsible for the consequences of such transactions, that he/she shall not raise any objections as to the transactions not having been made by him/herself and/or that he/she shall not be able to refrain from fulfilling his/her obligations on the basis of such objection.

3.19. Transfers of Crypto Assets made on the Platform are non-refundable. Since Crypto Assets are non-refundable, service and transaction fees charged to the user by  BİTCİ BORSA are also not subject to refund. The User represents and warrants that upon execution of this Agreement, he/she acknowledges the provisions of this clause.

3.20. BİTCİ BORSA reserves the right to unreasonably reject the orders and money transfers placed by Users. However, in such case, BİTCİ BORSA shall promptly return the money deposited by the users.

3.21. BİTCİ BORSA reserves the right to make any type of modification in the transactions for money depositing and withdrawal provided on the Platform. BİTCİ BORSA shall not be liable for any damages arising out of such modifications.  However, BİTCİ BORSA undertakes that it shall announce any such changes on the help pages or other pages of the bitci.com.tr online Platform.

3.22. BİTCİ BORSA is a business entirely independent from similar Crypto Asset platforms, and is not a representative of any company, online Platform, or entity.  It does not cooperate with any company. For this reason, Users shall not hold BİTCİ BORSA liable for any damages they may suffer on similar platforms.

3.23. BİTCİ BORSA does not warrant an uninterrupted and faultless use of the Platform. While the company intends 24/7 access and usability of the Platform, it does not guarantee the functionality and accessibility of the system that provide access to the Platform.

3.24. BİTCİ BORSA’s failure to exercise its rights and powers set forth in this Agreement at the time of their inception shall not constitute a waiver, even implicitly, of such rights and powers and their exercise. BİTCİ BORSA is competent to exercise such rights and powers in accordance with the legislation whenever it may deem fit.

3.25. In no event shall BİTCİ BORSA be held liable for any technical failures that may occur on the website. BİTCİ BORSA shall not be held liable for any existing or potential, direct or indirect damage resulting from short or long-term technical failures.

3.26. The User hereby acknowledges that in the event of any disputes arising out of this Agreement, BİTCİ BORSA’s official books and commercial records as well as the e-archive records, electronic information, and computer records stored on the BİTCİ BORSA database and servers shall constitute exclusive, final, and binding proof and that subject to the provisions of Article 193 of the Legal Procedural Law No. 6100, this clause shall serve as an Agreement of Evidence.

3.27. Correspondence between BİTCİ BORSA and the User shall be done via the e-mail address or by phone call or sending SMS to the telephone number provided by the User during registration. Users are liable to keep updated their e-mail address and telephone numbers. In the event of any changes to the information provided during the execution of this Agreement, such information shall be promptly updated.  BİTCİ BORSA will not be held liable for missing or inaccurate information, or if the supplied information is not up-to-date.

3.28. This Agreement constitutes the entire Agreement between the Parties on the subject matter. If any provision of this Agreement is held by any court, arbitration tribunal or administrative authority of competent jurisdiction to be invalid or unenforceable or unreasonable in whole or in part, this Agreement shall be deemed severable to the extent of such invalidity, unenforceability or unreasonability and the other provisions shall remain in full force and effect.

3.29. The User shall not assign in whole or part his/her rights or obligations under this Agreement without obtaining BİTCİ BORSA’s prior written consent.  BİTCİ BORSA however, may transfer and assign its rights, obligations, debts and/or amounts receivable arising out of this Agreement at any time without requiring any consent.

3.30. BİTCİ BORSA may modify all terms and conditions stipulated in this Agreement without giving notice in prior. However, such changes will be announced on the website. Upon signing this Agreement, BİTCİ BORSA Users have hereby acknowledged such methods of notification. By accepting this Agreement, the User hereby represents and warrants that he/she has accepted such changes to be made by BİTCİ BORSA in prior to be effective retrospectively.

3.31. Upon publication on the website by BİTCİ BORSA, this Agreement shall enter in effect retrospectively to cover all current/past Users.

4. Pricing

4.1. Without prejudice to article 4.2 below, BİTCİ BORSA reserves the right to charge commission (service fee) from Users for each purchase and sale transaction at a rate it shall designate. Any fees and commissions charged for the Services provided on the platforms are published on the Platform. BİTCİ BORSA reserves the right to modify such fees and rates at any time without prior notice. The applicable fees, commissions, and limits are an integral part of this Agreement, and any modifications shall become effective as soon as they are announced on the Platforms.  Upon acknowledging this Agreement, Users are also deemed to have acknowledged the collection of this transaction fee.

4.2. Due to the nature of the crypto assets, the use or purchase of BİTCİ BORSA products, services or contents through the platforms are cannot be canceled or are non-refundable. Consequently, the service fee and transaction fees charged by BİTCİ BORSA to the User are also non-refundable. The User hereby represents and warrants that upon execution of this Agreement, he/she acknowledges the provisions of this clause. The Users agree and undertake that they shall not hold BİTCİ BORSA liable for those transactions that they think were faulty.

5. Privacy Policy and Protection of Personal Data

5.1. In the event of acknowledgement of this Agreement by the User, BİTCİ BORSA may process the User’s information as per the Privacy Policy, which was issued in accordance with the Law No. 6698 on the Protection of Personal Data, and forms and integral part of this Agreement.

5.2. BİTCİ BORSA identifies and logs the Users’ IP addresses, devices of access, model, operating systems, and browser information. By agreeing with the Privacy Policy that is an annex to this Agreement, the User acknowledges that he/she has granted explicit consent to BİTCİ BORSA in this matter. As per the details discussed in the Privacy Policy, BİTCİ BORSA may use the gathered information for the purpose of defining a general user profile and to collect comprehensive demographic information, to safeguard user and system security, to combat counterfeiting, and to meet legal obligations.

5.3. Information supplied by the users shall not be used in any context other than the rules and purposes laid down in the User Agreement, and shall not be disclosed to any third-party.

5.4. BİTCİ BORSA may cooperate with third-party individuals and organizations in terms of sponsorships, advertising, and consented marketing for the purpose of promoting the services provided to its users on the Platform, and to ensure access to a larger number of users. BİTCİ BORSA acknowledges that under the scope of such collaborations, it shall engage in communication and marketing in accordance with the laws and regulations, refrain from any correspondence without the Users’ consent, and to ensure that Users can leave the system easily and free of charge.

5.5. BİTCİ BORSA may provide links to other websites or applications on the Platform. It may publish advertising of contract third parties and/or application forms for various services, or may provide redirection to such third-party websites or applications. BİTCİ BORSA is not responsible for the privacy practices and policies, and any contents hosted by the third-party applications or websites accessed by the Users in this manner.

5.6. BİTCİ BORSA may disregard the provisions of the privacy policy and disclose User information to third parties in the following cases. These include:

(i) Cases where current legislation requires such disclosure,

(ii) Meeting the requirements of the Agreements between BİTCİ BORSA and its Users, and exercising the relevant provisions,

(iii) Request for information about Users in line with an inquiry or investigation conducted by competent administrative and/or judicial authorities in accordance with the procedural method,

(iv) Cases that require the supply of information for the purpose of protecting the rights and safety of the Users.

5.7. BİTCİ BORSA hereby undertakes as an obligation to keep strictly confidential and private the supplied confidential information, to keep such information a secret, to safeguard and maintain such confidentiality, to take all necessary measures and to demonstrate all due diligence necessary to prevent the access of confidential information to the public domain in whole or part or to prevent disclosure to unauthorized users or third parties.

5.8. Subject to the section regarding Privacy and Protection of Personal Data of this User Agreement, BİTCİ BORSA hereby undertakes the following

5.8.1. To obtain and maintain personal data in strict compliance with the LPPD,

5.8.2. To not use personal data for any purpose, either directly or indirectly, other than to serve the purpose of the relationship between the parties.

5.8.3. Without prejudice to legal obligations, to not disclose the Confidential Information to third parties or entities, and to not permit its use and/or reproduction by third parties without the User’s consent.

5.8.4. That the Confidential Information will also be protected by its staff, agents, real and legal entities acting on account of the Parties.

6. Intellectual Property

All intellectual property rights of the "BİTCİ" brand and logo, as well as software, design, and domain name of the Platforms, including "BİTCİ" mobile applications, and any trademarks, designs, logos, trade dress, catchphrases and any other content created by BİTCİ BORSA in connection therewith are the property of BİTCİ BORSA.

The User shall not utilize, share, distribute, disclose, reproduce, and create derivatives works of the BİTCİ BORSA intellectual property without express written consent. The User shall not use the mobile app or the Platform in any other environment in whole or part without prior written consent of BİTCİ BORSA.

If the User acts in violation of the intellectual property of third parties or BİTCİ BORSA, he/she shall be liable to indemnify BİTCİ BORSA and/or such third-party for any direct and consequential damages.

7. Disclaimer of Liability

7.1. BİTCİ BORSA is not liable for any content including the pricing and statistics provided on the Platforms. All data, analytics, reports, and statistics on the platform are processed and presented objectively by a software that processes the information automatically without any editing or manipulation. Any news and reports published by BİTCİ BORSA are intended for information purposes only and do not constitute any direct solutions, conclusions, legal opinions, political and sociological research information, and their accuracy is not warranted. Data may be contradictory or inconsistent. In such cases, BİTCİ BORSA does not assume any liability.

7.2. BİTCİ BORSA does not warrant in any way, express or implied, including any warranties of merchantability, performance, marketability or fitness for a particular purpose, regarding the results to be obtained by any person or organization through the User of the content it provides. All contents are provided to the User ‘as is’. BİTCİ BORSA shall not be held liable for any damages, including loss of profit or consequential damages, resulting from the use of the contents published by BİTCİ BORSA. No reference made to any person/organization/company/brand name in the contents offered by BİTCİ BORSA shall impact the market value, their listing based on certain criteria, brand values of such persons/organizations/companies/brand names, or constitute any advice for the purchase, sales, or retention of their respective stocks.

7.3. Since all transactions are irreversibly created on the blockchain network, the transactions made on the blockchain cannot be reversed in case of faulty transactions made by the User during transfers, asset transfers between Digital Wallets, asset transfers to the cold wallet. As a consequence, the User shall be solely liable. Since apart from the instructions given, BİTCİ BORSA does not intervene in the process in any way other than the execution of transactions, BİTCİ BORSA has no information as to whether the transaction is faulty. Thus, the User shall be liable and transactions are irreversible due to the blockchain technology. Consequently, it is not possible to refund the relevant amounts to the User, including the transaction fees payable to BİTCİ BORSA. The User must make sure that the information entered are accurate and perform the transaction only after confirming its accuracy. The User acknowledges that he/she is informed on the fact that transactions on blockchain are irreversible and cannot be cancelled, that canceling and reversing a transaction is not possible, and that therefore, transaction fees and commissions are not refundable, and that he/she assumes sole responsibility regarding his/her transactions.

7.4. The platforms only provide access to and use of BİTCİ BORSA’s products, services, and contents, and depending on the respective purpose, an infrastructure for the sales-purchasing transactions of the same. In no event does BİTCİ BORSA warrant the completion of the transactions or the execution of the orders placed on the platform. Prices are defined solely on the basis of the Crypto Asset-related supply-demand relationship between the parties who make transactions. The prices forming on the website are not defined by BİTCİ BORSA. BİTCİ BORSA shall not be held responsible for any damages or losses incurred or to be incurred by the Users due to changes in prices or non-realization of transactions.

8. Settlement of Disputes

Any disputes arising in connection with this Agreement or the use of the Platforms, including any claims and conflicts resulting from crypto asset trading, transfer, and all other products and services offered by BİTCİ BORSA, shall be ultimately resolved by arbitration in accordance with the Rules of the Istanbul Arbitration Center. Place of arbitration is Istanbul/Türkiye. The language of the arbitration process shall be Turkish. For the settlement of the dispute, the laws of the Republic of Türkiye shall govern.

9. Contract Amendments and Agreement of Evidence

BİTCİ BORSA has the right to unilaterally modify and update without prior notice all terms and conditions of this legal notice, including the Policy on Processing and Protection of Personal Data.

Nothing contained in this Agreement shall be construed as preventing the Users from abiding by their legal liabilities, complying with relevant regulations, and being under supervision.

The Parties hereby acknowledge that in the event of any disputes arising out of this Agreement, BİTCİ BORSA’s electronic and system records, commercial records as well as books, microfilms, microchips, e-mail correspondence, and computer records stored on the BİTCİ BORSA’s own database shall constitute reliable, exclusive, final, and binding proof and that subject to the provisions of Article 193 of the Legal Procedural Law No. 6100, this clause shall serve as an Agreement of Evidence.

10. Effect and Execution

By visiting any page of the BİTCİ BORSA website or using the BİTCİ mobile application, or by starting to use any of its other Platforms, you hereby acknowledge, represent, and warrant that you have read the entire User Agreement, completely understood its content, and accept all provisions thereof.

Users who do not agree with the conditions of this User Agreement are required to refrain from using the Platforms and the services provided on the Platforms. Otherwise, BİTCİ BORSA shall not be held liable for any existing or future damages.

11. Legal and Penal Sanctions

11.1. By accepting this Agreement, Users are deemed to have read and acknowledged all existing and future statements on Crypto Assets made by competent authorities.

11.2. Subject to the provisions of this Agreement, Users are liable for any consequences resulting from their use or permitting others to use the website for any illegal purposes. The User hereby agrees, acknowledges, and undertakes that he/she shall not hold BİTCİ BORSA responsible in this matter. BİTCİ BORSA reserves the right to permanently ban the user from signing up for a new account if the User’s account is put on hold, permanently or temporarily deleted, or suspended, etc. by BİTCİ BORSA.

11.3. By accepting the terms of this Agreement, the User undertakes that he/she shall use this website in strict compliance with all applicable laws and regulations of the Republic of Türkiye. BİTCİ BORSA has the right and power to share all information of the User with competent authorities in cases where use in violation of the laws is detected.  This shall not constitute violation of privacy, and does not put BİTCİ BORSA under any liability.

11.4. The user hereby undertakes that by using the name and/or logo of BİTCİ BORSA, he/she will not post anything that tarnishes the name of BİTCİ BORSA, damages its business reputation or causes unfair competition. This commitment covers all social media outlets, including all types of printed and visual media. In case of breach of this clause, BİTCİ BORSA reserves the right to unilaterally terminate the Agreement, and to block, suspend or completely delete the User's account without prior notice. Additionally, BİTCİ BORSA shall exercise any and all rights of indemnification against the User for the breach of this clause. The User hereby acknowledges, declares, and undertakes that he/she waives all rights of appeal and claim arising out of the enforcement of this clause.

11.5. BİTCİ BORSA has the right to temporarily or permanently disable the User account or accounts on which it identified suspicious transaction attempts in terms of stock market workflow and software security, and to suspend, block or temporarily close User accounts that engage in suspicious transactions. BİTCİ BORSA may confiscate (blockage) the assets in the User's account based on requests for confiscation (blockage) from judicial and/or administrative authorities, and by notice issued by banks upon the relevant authorities' demand issued to the banks. Due to the enforcement of this clause by BİTCİ BORSA in good faith and integrity, no legal and penal liability shall be imposed upon BİTCİ BORSA.

11.6. BİTCİ BORSA has the right to block temporarily or permanently to trading orders, and to suspend, put on hold, or permanently ban the accounts of Users who, in their correspondence via [email protected], Live Support and Contact Center, use a language that is in violation of the rules of common conduct and integrity No legal and penal liability shall be imposed upon BİTCİ BORSA in cases where this clause is enforced by BİTCİ BORSA in good faith and integrity.

11.7. In cases where BİTCİ BORSA sends Crypto Assets to the User accidentally in such way leading to unjust enrichment, the User must be promptly notified by e-mail, phone call, SMS, etc. If the User fails to return the Crypto Assets within 1 business day despite notification, BİTCİ BORSA may terminate the User's account, suspend, or block the User's access indefinitely without further notice. Likewise, in such case, BİTCİ BORSA may debit the User's account to negative balance equaling to the accidental transfer, and seek legal remedies. BİTCİ BORSA shall reserve the right for indemnification of direct and consequential damages it suffers due to such transaction.

11.8. BİTCİ BORSA's not terminating the Agreement and not taking legal action against the User despite having identified that any clause(s) of this Agreement have been violated by the User, shall not be construed as a waiver of these rights by BİTCİ BORSA. BİTCİ BORSA reserves all rights against such violations identified.

12. Access to the Account and User's BİTCİ BORSA Assets

BİTCİ BORSA has the right to cancel, delete, discontinue, suspend and restrict the User's account without any prior notice in case of the User's violation of any clause of this User Agreement. However, even in cases where such rights are exercised by BİTCİ BORSA, the User's assets held by BİTCİ BORSA shall not be affected by this condition and the assets of the User held by BİTCİ BORSA shall be returned to the User promptly upon request and on the condition that no restriction is imposed on such assets by the laws. The User is not entitled to transfer the digital asset associated with the Digital Wallet until the transaction under review is completed after deactivation, cancellation or termination of the account.

13. Force Majeure

13.1. BİTCİ BORSA shall not be held liable for the delay or hindrance of its obligations hereunder, and such failure to perform shall not be construed as a breach of the Agreement if the failure to perform is a result of circumstances including but not limited to the following:

13.1.2. Riots, embargo, state intervention, insurgence, occupation, war, mobilization, strikes, lockouts, labor actions or boycotts;

13.1.3. Cyber-attacks, communication issues, infrastructure and Internet failures, system improvement or optimization, and resulting malfunctions;

13.1.4. Power outage, fire, explosion, storm, flood, earthquake, migration, pandemic or other natural disaster;

13.1.5. Legal and administrative regulations, prohibitions or,

13.1.6. Any other events beyond the control of BİTCİ BORSA, which do not result from its fault and cannot be reasonably foreseen.

14. Deactivation of Account

14.1. Users may request complete deactivation of their accounts at any time without a specific reason. Such inquiries shall be made only by sending a signed letter with an ID and selfie to [email protected]. The User’s account will be deactivated within 30 days from the receipt of the inquiry sent by the User.

14.2. Due to legal requirements and considering BİTCİ BORSA’s reasonable interests, BİTCİ BORSA shall continue to retain the information and account transaction details of the Users whose accounts are deactivated for periods proposed by the laws.

15. Acceptance of Agreement

15.1. This User Agreement has entered in effect from the moment of execution and approval in electronic environment after all clauses being read and understood by the User.

15.2. Users who do not agree with the conditions of this User Agreement are required to refrain from using the Platforms and the services provided on the Platforms.  Otherwise, BİTCİ BORSA shall not be held liable for any existing or future damages.

15.3. Subject to the provisions of the MASAK (Financial Crimes Investigation Board) legislation, you are required to utilize Bitci Borsa products and services personally.  In cases where you sign up for your Bitci Borsa account for use on behalf of other users, you are required to declare the ultimate beneficial owner by completing the KYC and Ultimate Beneficial Owner Form provided on the Bitci Borsa website. Pursuant to applicable legislation, such declarations are submitted to relevant institutions and authorities, and the User is legally responsible for misrepresentation and perjury.