Platform Terms of Use
Terms of Use
User Agreement
Last Update: 04.09.2024
Article 1. Parties
1.1. The Egemoney User Agreement (hereinafter referred to as the ‘User Agreement’), which consists of this Agreement and the annexes that are an integral part of the agreement, is between Ege Money Investment Yazılım Anonim Şirketi, whose registered office is located at Yalı Mah. 6523 Sok. No: 32 / B / 601 İzmir/Turkiye and the User who accesses and/or becomes a member of the Platform via https://egemoney.com/tr (hereinafter referred to as the ‘Platform’) and/or mobile application, for the purpose of the User becoming a member of the Platform and determining the terms and conditions between the Platform and the User and at the time of approval by the User in the electronic environment where the User Agreement is available.
1.2. Both parties shall be collectively referred to as the Parties.
1.3. By becoming a member of the Platform, you accept, declare and undertake that you have read the entire User Agreement, understand its content in its entirety and approve all its provisions.
Article 2. Subject of the Agreement
2.1. The subject of the Agreement is the terms of use of the Platform of the Internet address https://egemoney.com/tr and the determination of the mutual rights and obligations of the Parties.
Article.3 Definitions
3.1. Clarification Text: It refers to the text prepared in order to inform the relevant persons about the collection, processing and transfer of personal data obtained by EgeMoney as the data controller through the Platform provided by EgeMoney in accordance with the Law No. 6698 on the Protection of Personal Data (‘KVKK’) and the relevant legislation and their rights under the KVKK and which can be accessed via the www.egemoney.com platform.
3.2. Blockchain: It refers to the whole set of technologies that provide distributed, transparent, unchangeable and secure data structures.
3.3. Wallet: Refers to software, hardware, systems or applications that enable the transfer of crypto assets and the online or offline storage of these assets or the private and public keys related to these assets.
3.4. EgeMoney: A company duly incorporated under the laws of the Republic of Turkey with its registered address at Yalı Mah. 6523 Sok. No: 32 / B / 601 İzmir/Turkiye and its registered address is Ege Money Investment Yazılım Anonim Şirketi.
3.5. Account Information Page: It refers to the User-specific page where the User can perform the necessary transactions in order to benefit from various applications and Services on the Platform, enter his personal data and information requested from him on the basis of the application, and can only be accessed by the phone number and / or e-mail and password of the relevant User.
3.6. Services: Refers to the applications offered by EgeMoney that enable Users to fulfill the tasks and transactions defined in this Agreement.
3.7. Crypto asset: Refers to intangible assets that can be created and stored electronically using distributed ledger technology or a similar technology, distributed over digital networks and can express value or rights.
3.8. User: Refers to a natural or legal person who registers using the Platform.
3.9. Visitor : refers to persons who visit https://egemoney.com/tr without being a registered User.
Article 4. Rights and obligations of users
4.1. The User becomes a member of the Platform upon acceptance of this Agreement and creation of an Account.
4.2. You hereby accept, declare and undertake that you are authorized and competent to open the Account within the scope of this Agreement, that you are over 18 years of age and have the rights and capacity to act under the laws of the Republic of Turkiye.
4.3. By accepting and approving this Agreement, the User accepts, declares and undertakes that he/she understands the responsibilities and risks specified in this Agreement and that he/she will not engage in the following activities:
4.3.1. Providing false or misleading information to EgeMoney;
4.3.2. use or attempt to use another user's Account without the consent of that user and EgeMoney;
4.3.3. publish, upload, disclose, distribute or otherwise make available on the Platform any illegal, stolen, counterfeit, false, misleading, defamatory, harassing, abusive, obscene or otherwise objectionable content;
4.3.4. engage in any activity on the Platform that is hateful or violent or that violates or encourages the violation of applicable laws or the rights of any third party;
4.3.5. use the Platform for money laundering and terrorist financing purposes;
4.3.6. create accounts that appear to belong to someone else;
4.3.7. create accounts with misleading/fake names;
4.3.8. use the Platform in a way that prevents the operation and services of the Platform or disables the Platform;
4.3.9. use the Platform in any way that may cause the Platform to overload or malfunction;
4.3.10. develop, use or disseminate any software that may damage or render unusable the Platform, its products or services;
4.3.11. reverse engineering, attempting to access or discover the source code of the Platform, using ‘screen scraping’ software or systems such as automatic programmes, robots, web crawlers, spiders, data mining and data crawling on the Platform and illegally copying, publishing or using all or part of any content on the Platform in this way;
4.3.12. interfere with or attempting to access any area or feature on the Platform to which access is not authorized;
4.3.13. use the data collected by the Platform to communicate with any natural or legal person and to carry out marketing activities;
4.3.14. use, encourage or promote the platform, blockchain or wallets for any illegal or unauthorized purpose or activity;
4.3.15. engage in manipulative transactions or making misleading offers;
4.3.16. use the Platform to offer, market, trade, perform or promise to perform products and services subject to capital markets or banking legislation;
4.3.17. engage in any transaction, action or activity that violates this Agreement.
4.4. In the event that any violation is specified in article 4.3.3. above causes damage to a third party, the User accepts, declares and undertakes to assume all legal responsibilities exclusively on its own behalf. EgeMoney shall not be liable for any disputes that may arise before legal authorities or between third parties and the User due to these transactions, except in cases where it is established by a court decision that the fault belongs directly to EgeMoney. The User irrevocably agrees and undertakes to indemnify EgeMoney for any damages and losses incurred by EgeMoney as a result of the breach of the above-mentioned provisions. In addition, EgeMoney reserves the right to demand compensation from the User for any damages it may incur.
4.5. Users wishing to trade on the Platform are required to provide EgeMoney with certain information, including a valid ID, address details and a valid telephone number as part of the Know Your Customer (‘KYC’) procedures, by agreeing to this Agreement available on the Platform. The membership application will be reviewed and approved by EgeMoney following a successful KYC process. EgeMoney may request additional information and documents at any time in order to create your account or to enable you to benefit from some of the features on the Platform, and reserves the right not to create your account or to terminate your access to your account if the information provided cannot be verified or for any reason at its sole discretion.
4.6. The User declares, accepts and undertakes that any information provided to EgeMoney as part of the KYC process, including but not limited to government-issued identity documents or any accepted alternative documents and residence information confirmed through address verification systems, is accurate and belongs to the User. In the event of any inconsistency or inaccuracy in the information provided, EgeMoney shall have the unilateral right to prevent Users from making transactions on the Platform or freeze/terminate their accounts. The User understands that he/she shall be liable for all damages that may arise due to inaccurate personal information. EgeMoney shall not be liable for any damages arising from failure to provide accurate, complete and up-to-date personal information.
4.7. The real person who creates an account on behalf of the user, who is a legal entity, accepts and undertakes that he/she is the representative and binding authority of the legal entity he/she represents and that all information and documents declared and submitted for membership are correct. The real person and/or the legal entity user shall be liable for all damages arising from the real person's incorrect provision of such information and EgeMoney shall have the right to demand compensation for damages from any of these parties. The legal entity user agrees that the real person who is authorized to represent and bind the legal entity user is personally responsible for the transactions made through EgeMoney and shall not claim any irresponsibility for these transactions in any way.
4.8. Each User may have only one account. EgeMoney shall have the right to unilaterally terminate the Agreement and cancel, suspend or terminate the account without any notice in the event that false and/or inaccurate information is provided. EgeMoney reserves the right not to open an account for such a user again. All legal and criminal liability arising from the situations specified in this article belongs to the User.
4.9. Users must inform EgeMoney immediately if they realise that any information provided is incomplete or misleading. In addition, Users are obliged to notify EgeMoney of any changes or updates to the information they have previously provided, together with certifying documents, within a maximum of 5 (five) days from the date of such changes. EgeMoney shall not be liable for any consequences arising from the User's failure to notify EgeMoney of such changes in a timely manner. In the event that the User fails to promptly notify EgeMoney of changes in his/her information, EgeMoney reserves the right to take appropriate measures, which may include suspension of transactions, suspension of the provision of the Services, temporary or permanent closure of the User's account or the application of other necessary measures deemed appropriate by EgeMoney.
4.10. The User accepts all material and immaterial liability and damages that may arise due to the User's identity being forged or falsified, signing a signature other than his/her own, using a forged signature, forging someone else's signature with a forged identity, cheating, providing false information or not residing at the confirmed address.
4.11. Users are responsible for ensuring the security of their accounts by complying with the following security measures recommended by EgeMoney:
4.11.1. Using a strong password that is sufficiently complex and not easily guessed or contains a combination of letters, numbers and symbols designed to be resistant to unauthorized access,
4.11.2. Not sharing usernames and passwords with any third party,
4.11.3. Refrain from using the password used for EgeMoney account on any other platform or service,
4.11.4. Verification of the contact details declared by users after registering on the Platform,
4.11.5. to take the utmost care to ensure the security of the mobile device on which the one-time password is activated and the confirmation code is received, including activation of the password screen saver and keeping the password confidential.
Article 5. EgeMoney's rights and obligations
5.1. EgeMoney shall take the necessary technical and administrative measures to ensure and maintain the confidentiality of User information as set out in this Agreement and the Clarification Text and in accordance with applicable data protection laws and regulations. EgeMoney has implemented industry standard safeguards for the Platform and is primarily focused on protecting the security of user funds. However, account-level risks may arise from individual user actions. Users are solely responsible for the accuracy and confidentiality of the information provided when signing up, as well as for the protection of their account login details, password and username, and for not sharing them with others. In the event that this information is obtained by unauthorized persons other than the fault or negligence of EgeMoney and unauthorized transactions are made on the Platform, no liability can be attributed to EgeMoney.
5.2. The User is obliged to keep his/her account login information confidential. Transactions carried out by using the User's account login information and password shall be deemed to have been carried out by the User, even if such information has been used by others with or without authorisation, and all consequences shall be borne by the User. In the event that EgeMoney is notified by the User that his/her account login details have been learnt, stolen or used by third parties, EgeMoney shall take measures to prevent the User from giving orders and instructions by using such password as soon as possible.
5.3. The User and EgeMoney have agreed that all transactions transmitted by the User using the User's account number allocated to the User and the password, password, user name, etc., which is changed by the User and can be changed at any time, shall be carried out without a signature as required by the system, and orders to be given in this way shall be deemed as written instructions since they are executed only with the password known to the User.
5.4. In the event that the User forgets his/her password and/or suspects that his/her password has been compromised, the User must request EgeMoney to cancel his/her password and provide him/her with a new password as soon as possible and inform EgeMoney of this situation. This request may be made verbally, via a recorded telephone call or in writing. Upon such a request, EgeMoney shall immediately cancel the old password and provide the User with a new password. The User shall be liable for any and all damages and losses that may arise as a result of any actions taken during the period until the old password is canceled. The User accepts and declares that password cancellation procedures can only be performed by EgeMoney during working hours and that EgeMoney is not responsible for the failure to perform password cancellation procedures outside working hours.
5.5. The User irrevocably accepts and undertakes that he/she is liable to EgeMoney for any misuse of the Platform by him/herself or third parties who may be associated with him/her for any reason through his/her password, waives all objections and defenses in this respect, and irrevocably agrees and undertakes to indemnify EgeMoney for any loss and damage incurred by EgeMoney for this reason. EgeMoney reserves the right to demand compensation from the User for any damages incurred in this respect.
5.6. EgeMoney reserves the right to restrict access to the User's account by deactivating the User's password for security purposes and in cases it deems suspicious. In such a case, the User will be immediately notified by the most appropriate means of communication. This behavior of EgeMoney cannot be claimed as an act against good faith. The User expressly agrees that such a measure may be taken to ensure the security of his/her account. Furthermore, in the event of such restrictions, the User fully understands and accepts any consequences or damages that may result from the inability to execute orders related to his/her account.
5.7. EgeMoney provides support services only through the official e-mail service [email protected]. EgeMoney may, at its discretion, choose to contact its users via different platforms (e.g. social media, etc.) other than this e-mail address. EgeMoney will not request your password in any support correspondence or provide a wallet address for Users to send Digital Assets. EgeMoney shall not be held liable for any damages or losses incurred or suffered as a result of any communication or notification from any address other than the aforementioned official e-mail address and any other official support address that may be announced in the future on EgeMoney's official Platform.
5.8. This Agreement, the transactions made hereunder and all obligations arising hereunder or in connection therewith (including the amount, parties, guarantors, sureties, sureties, trustees, legal representatives, successors and assigns) are valid, enforceable and binding on the User and do not contradict any regulation, ordinance, instruction, payment or agreement to which the User or any of its assets are subject. The User declares and undertakes that the money deposited does not originate from drug trafficking, kidnapping or any other criminal or illegal activity.
5.9. The User expressly accepts that he/she bears full legal and criminal liability for all transactions and actions carried out through the services offered on the Platform. EgeMoney has no legal and administrative responsibility in this regard.
5.10. The User is expressly prohibited from transferring, selling, donating or otherwise making his/her account and related rights available to third parties under any circumstances. EgeMoney reserves the right to cancel, suspend or terminate the User's account without prior notice if EgeMoney determines that the User has acted contrary to this article. In exercising these rights, the User irrevocably agrees to release EgeMoney from any and all claims and liabilities.
5.11. The User is required to carefully comply with the security, KYC, transactions, pricing, withdrawal mechanisms or procedures of the Platform and services and to log out of the Platform at the end of each visit by following the appropriate steps. EgeMoney shall not be liable for any direct or indirect damages, including but not limited to any loss, loss or damage incurred by the User due to non-compliance with the provisions regarding account security.
5.12. Pursuant to the first paragraph of Article 4 titled ‘Suspicious transaction notification’ of the Law No. 5549 on Prevention of Laundering Proceeds of Crime, in the event that there is any information, suspicion or suspicion that the assets subject to the transactions made or attempted to be made before or through the obliged persons are obtained illegally or used for illegal purposes, these transactions must be notified to MASAK by the obliged persons. For this reason, EgeMoney will notify MASAK within ten business days at the latest from the date of the suspicion regarding the transaction, or immediately in cases where there is an inconvenience in delay. However, EgeMoney may not be able to precisely track how the Crypto Assets received through the Platform are used, where and for what purpose they are transferred, or whether they are used in an offence. In such cases, EgeMoney cannot be held responsible for any negative or positive damages that may arise or may arise due to damages and losses arising or to arise from any misuse of Crypto Assets in any way.
5.13. The User agrees in advance not to use the Platform for any purpose contrary to the legislation and general rules of law in force in the Republic of Turkey, including but not limited to the laws and regulations on the prevention of laundering proceeds of crime and financing of terrorism in the international arena. In addition, the User shall not enable other third parties to use the Platform for this purpose. The User agrees in advance that he/she shall be responsible for all legal and criminal liabilities that may arise in the event that he/she or third parties through him/her use the Platform for purposes contrary to the law and legislation. In such a case, EgeMoney has the right to resort to any legal remedy and take necessary security measures. In such cases, EgeMoney cannot be held responsible for any disposals or examinations to be made by the competent authorities on the User's account and Crypto Assets.
5.14. The User is obliged to use a bank account registered in the same name as the User's username and operating under the laws of the Republic of Turkey when making money transfers. Delays caused by the user making transfers with different names or not realising the transfers at all are the sole responsibility of the User. The User is also responsible for any delays or non-existence of the transfer due to the use of ATMs or other deposit methods. Procedures for these matters are available in the ‘Help Centre’ section. Any breach of these provisions by the User or any person directly or indirectly related to the User shall constitute just cause for the unilateral termination of the agreement and all civil and criminal liabilities shall be borne by the User. EgeMoney reserves the right not to open accounts for such persons in the future.
5.15. EgeMoney reserves the right to request confirmation and authentication from the User in any case it deems necessary before proceeding with a transaction. EgeMoney shall not be liable to the User in any way whatsoever for failure to fulfil an order or transaction due to failure to obtain confirmation or verification from the User or for any damages that may arise from delays due to the confirmation or verification process.
5.16. EgeMoney reserves the right to change the internet infrastructure, website, Platform, the content, format and form of transactions and applications at any time. The User accepts all such changes in advance.
5.17. EgeMoney reserves the right to close the User's account to order transmission and block the User's password, even during ongoing transactions, in the event that the User does not perform transactions in the User's account for a long period of time, the User acts in violation of the commitments specified in this Agreement and other framework agreements, the User acts in violation of the relevant legislation and the provisions of this Agreement in the orders transmitted through remote access channels, or the User cannot be reached from the registered contact information. The User accepts and declares in advance that EgeMoney is aware of this right and cannot hold EgeMoney responsible for any possible damages that may be incurred for this reason.
5.18. The User is obliged to regularly follow all notifications, announcements, information, fees, changes, campaigns and promotions and tariffs in the announcement section in the area where the User logs in with a password on the Platform and on the pages that can be accessed without a password. The User accepts and declares that EgeMoney is not responsible for any damages that may be incurred due to not knowing these.
5.19. The User agrees that he/she has sufficient knowledge to use the remote access channels effectively; EgeMoney cannot be held responsible for misuse, incorrect transactions arising from misuse or technologically induced damages and losses not monopolized by EgeMoney.
5.20. The User accepts, declares and undertakes that EgeMoney shall not be liable for the failure to fulfill or incomplete or incorrect fulfillment of the instructions and orders to be given electronically due to unforeseeable reasons such as technical and similar failures that may occur in telecommunication networks, satellite connections, internet or remote access channels, system, telephone, modem line, computer or computer hardware, and EgeMoney is not obliged to investigate these issues.
5.21. The User is obliged to use the right to make transactions through the Platform exclusively by himself/herself. The User may not obtain direct or indirect material benefits such as commissions, fees, etc. by having third parties make transactions through the Platform. EgeMoney shall not be liable for any disputes that may arise either before legal authorities or between third parties and the User in the event of such transactions, except for the defects attributable to it.
5.22. The User is responsible for all tax liabilities that may arise due to the User's use of the Platform. EgeMoney is not obliged to send invoices regarding the User's use of the Platform and transfers made by the User.
5.23. EgeMoney cannot be held responsible in any way for technical failures and malfunctions that may occur on the Platform. EgeMoney is not responsible for any direct or indirect damages that may arise from short-term or long-term technical failures. EgeMoney reserves the right to cancel or reverse such transactions due to technical errors and/or unrealistic prices in order to correct and ensure the correct operation of the Platform and the systems used. EgeMoney cannot be held responsible for such transactions and EgeMoney cannot be claimed under any name. In case of cancellation and/or reversal, the relevant User accounts may be temporarily frozen and refund may be requested if unjustified payment has been made. If the relevant fee is not refunded, EgeMoney has the right to resort to all available legal remedies and actions.
5.24. EgeMoney has the right to temporarily or permanently close the accounts of Users who use expressions contrary to the general rules of morality and honesty in their correspondence with the support line and to suspend, freeze or permanently close the accounts of such users.
5.25. In the event that EgeMoney transfers Crypto Assets to the User by mistake, EgeMoney shall immediately notify the User of the error by various methods including but not limited to e-mail, phone call or SMS upon becoming aware of this matter. The User is obliged to return the Crypto Assets sent to him/her by mistake within 24 hours after receiving the notification. If the User fails to comply with this deadline, EgeMoney may, without further notice or notification, reduce the User's account to a negative balance equivalent to the amount of the erroneous transfer; close, suspend or indefinitely suspend access to the User's account or take any other measures it deems necessary; and take legal action against the User. The User agrees and undertakes in advance to irrevocably release EgeMoney from any and all liability in this respect. The User shall indemnify EgeMoney against any direct or indirect loss, cost or damage suffered by EgeMoney due to this transaction.
5.26. The User undertakes that he/she will not use the EgeMoney brand, logo and/or name in order to make comments and posts that defame the EgeMoney brand, logo and/or name, damage its commercial reputation or cause unfair competition in violation of the rule of honesty and general morality. This commitment covers all kinds of written and visual media as well as all social media platforms. In case of violation of this article, EgeMoney reserves the right to unilaterally terminate this Agreement without prior notice, to block, suspend or permanently delete the User's account and to demand any compensation. The User agrees, declares and undertakes that he/she irrevocably waives all rights of objection and claim in advance in relation to the implementation of this article.
5.27. EgeMoney reserves the right, at its sole discretion, to refuse to accept business orders or money transfers received by Users without any justification. In this case, EgeMoney shall immediately refund all amounts deposited by Users, unless there is a justifiable reason.
5.28. The obligations regarding the Crypto Asset subject to the sale transaction and the payment of funds for the purchase transaction are the responsibility of the relevant Users. In the event that any of the parties involved in the transaction fails to fulfill or delays or defaults in fulfilling its obligations for any reason whatsoever, EgeMoney shall not be deemed to be a party to the fulfillment of mutual obligations in relation to such transaction and shall not accept any liability in this respect.
5.29. EgeMoney shall process transfer transactions initiated by the User without delay. However, EgeMoney shall not be liable for any damages arising in the event that the deposit and/or withdrawal transactions cannot be carried out at all or are delayed due to force majeure or work intensity due to the ‘force majeure’ circumstances listed in the laws and this Agreement.
5.30. EgeMoney is not responsible for fluctuations in the prices of Crypto Assets according to supply and demand dynamics. The User shall be liable for all damages and losses that may arise from such fluctuations. In addition, EgeMoney shall not be liable for any damages arising from the failure or delayed fulfillment of the Users' business orders, remittance/transfer requests in accordance with the relevant provisions of this Agreement.
5.31. EgeMoney unilaterally reserves the right to determine the Users' daily, weekly and monthly deposit and withdrawal limits in Turkish Lira and Crypto Assets. These limits are set on a case-by-case basis and EgeMoney is authorized to independently reduce or increase these limits at any time, without prior notice, based on the User's risk assessment. Under no circumstances shall the User hold EgeMoney liable for the use of these authorisations. The User agrees and declares that he/she irrevocably waives any and all claims and rights in this respect in advance.
5.32. EgeMoney has the right to temporarily block and secure the User's Crypto Assets and funds in the User's EgeMoney account as a temporary guarantee for any receivables and actual or potential damages arising from this Agreement, starting from the date of the receivable or damage. This security measure shall remain in force until the debt is paid or the loss is covered in cash.
5.33. EgeMoney has the right to take any measures it deems necessary to provide a better experience for all Users.
5.34. The User declares, accepts and undertakes that he/she is not included in any trade embargo, economic sanctions list or any list specifically designated by any organization for this purpose or any list of rejected persons.
5.35. The User is solely responsible for all claims and demands arising out of or in connection with any breach of this Agreement and the legislation.
Article 6. Pricing
6.1. EgeMoney will publish the fees for the Services in the ‘Help’ section of the website accessible at www.egemoney.com/yardim. These fees will be effective from the moment they are published in the ‘Help’ section.
6.2. EgeMoney reserves the right to charge Users a commission (service fee) for each trading transaction at rates determined by EgeMoney. EgeMoney also reserves the right to change these fees and rates at any time without prior notice. Such changes will be announced on the Platform.
6.3. EgeMoney may charge Users a transaction fee determined by EgeMoney for each Turkish Lira withdrawal transaction.
6.4. Crypto Asset transfers made through the Platform are non-refundable. Consequently, any commission or transaction fees allocated by EgeMoney are also non-refundable and Users are not entitled to claim a refund for such fees.
6.5. By accepting this Agreement, the User is deemed to have accepted the transaction and commission fees announced on the Platform. In the event that the User does not accept these matters, no fee will be collected from the User, and in such a case, the User understands and accepts that the User cannot benefit from the relevant Service or the relevant part of the Platform.
6.6. As explained in the Risks and Warnings article of this Agreement, EgeMoney cannot be held liable for any damages or losses that Users may incur in relation to transaction and commission fees, including but not limited to fluctuations in Crypto Asset values. Users are advised to thoroughly review the fee structure and make informed decisions regarding their transactions. EgeMoney's fee structure may be subject to external factors beyond its control, such as market conditions. Users are advised to exercise due diligence and seek professional advice when engaging in crypto asset transactions through the Platform.
Article 7. Intellectual property rights
7.1. EgeMoney has exclusive ownership of all Services offered on the Platform and all services, domain names, software codes, interfaces, content, product reviews, videos, algorithms, drawings, models, designs and all other intellectual and industrial property rights associated therewith, excluding content and applications provided by third parties. This includes all software, designs and copyrights associated with the services offered, which are the exclusive property of EgeMoney. All kinds of content and all kinds of information and other materials on the Platform may only be used on the condition that the necessary permissions are obtained and under the permitted terms and conditions, and may not be given, made available, reproduced, uploaded to another computer, posted, presented or published to third parties or organizations without prior permission. The User accepts, declares and undertakes to comply with and not violate the provisions of the ‘Law No. 5846 on Intellectual and Artistic Works’ (‘FSEK’), ‘Decree Law No. 556 on the Protection of Trademarks’, ‘Turkish Commercial Code No. 6102’, ‘Decree Law No. 551 on the Protection of Patent Rights’, ‘Turkish Criminal Code No. 5237’ and other legislation. Otherwise, EgeMoney reserves the right of recourse to the User for any compensation and / or administrative / judicial fines that EgeMoney has / will have to pay to public institutions and / or third parties for this reason.
7.2. The User is not permitted to participate in or use any data mining, robot, scraping or similar data collection or extraction methods in connection with the use of the Platform. In the event that EgeMoney blocks the User's access to the Platform, the User agrees not to use any alternative method to overcome such blocking. Any use of the Platform or Platform content in any manner other than as specifically permitted herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith (‘Software’) is the exclusive property of EgeMoney. The User agrees not to copy, modify, create a derivative work, reverse engineer, reverse assemble or attempt to discover any source code, create a work in progress, sell, assign, transfer, sublicense or otherwise transfer any rights in the Software. All rights not expressly granted herein are reserved by EgeMoney.
7.3. Other company, product and service names and logos used and displayed on the Platform may be trademarks or service marks of their respective owners who may or may not endorse the Company or who are affiliated or connected with EgeMoney. Nothing in this Agreement or on the Platform should be construed as granting, by implication, permission or otherwise, any license or right to use any of EgeMoney's trademarks displayed on the Platform, in each case without our prior written consent. The User agrees, declares and undertakes to refrain from using any aspect of EgeMoney, including but not limited to its trade name, brand, design concept, logo, domain name, in a manner that may create misleading impressions before third parties, cause confusion in the market or create grounds for unfair competition.
Article 8. Acceptance of the contract and amendment
8.1. By clicking ‘Accept User Agreement’ or by accessing the Platform or using any or all of the Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, we recommend that you immediately uninstall the mobile application from your device and stop using the Platform.
8.2. This Agreement constitutes a binding contract between EgeMoney and the User and shall be valid unless terminated by EgeMoney or the User in accordance with the procedures set forth herein.
8.3. You must be at least 18 years of age or older to use the Platform. EgeMoney shall not be liable for any misrepresentation of age. You must be legally authorized to use the Platform under the laws of your country of residence. By using the Platform, you agree, represent and warrant that all data provided by you is true and accurate.
8.4. By using the Platform, you warrant that you will comply with all applicable national and international laws and use the Platform only in accordance with the law.
8.5. We may change or amend the Platform or this Agreement at any time at our sole discretion. Any changes to this Agreement will be effective as of the ‘LAST UPDATE’ date indicated at the top of this page. You acknowledge and agree that the form and nature of the Platform and any part of it may change from time to time without prior notice to you and that we may add new features or remove existing features.
Article 9. Third party links
9.1. The Platform may contain content, services or links to such content and services produced by, owned or operated by third parties and data collected from publicly available sources (‘Third Party Content’). EgeMoney has no control, supervision or approval over Third Party Content and EgeMoney is not responsible for such Third Party Content. Any use of Third Party Content is at your own risk. Please review the rules, terms and conditions of these third parties regarding the use of Third Party Content.
9.2. All title, title and intellectual property rights in or to Third Party Content shall belong to the relevant Third Party Content provider. Nothing on the Platform should be construed as granting any user a licence to EgeMoney's or any third party's ownership, title and/or intellectual property rights, except as expressly provided herein.
9.3. You understand and agree that when using any Third Party Content, you do not transfer your Crypto Assets to us at any time. EgeMoney is not responsible for the availability or legitimacy of the content, products, services or Crypto Assets contained in or accessible from Third Party Content. EgeMoney makes no warranties or representations, express or implied, about the use of any Third Party Content, the information contained therein, the suitability of its products or services or the Crypto Assets they make available. You are solely responsible for any fees or costs associated with accessing Third Party Content.
9.4. EgeMoney has no responsibility for the services provided by Third Parties that you access through the Platform. EgeMoney does not accept any liability for any damage caused by any Third Party Content. Therefore, you understand and agree that you should exercise caution when associating your wallet or account with any Third Party Content or providing access to your account with any third party at your sole risk.
Article 10. Privacy and protection of personal data
10.1. It is important for us to protect your personal data. Therefore, we process your personal data in accordance with Law No. 6698 on the Protection of Personal Data (‘KVKK’) and other relevant legislation applicable in the Republic of Turkey. Please review the Clarification Text and Cookie Policy to learn more about our purposes of processing your personal data, the legal grounds we rely on and the relevant rights you can exercise. You can contact us via the Platform to learn more about your personal data and to exercise your related rights.
10.2. EgeMoney undertakes to keep your information confidential and to take the necessary technical and administrative measures to ensure this. However, EgeMoney may disclose the relevant information and documents to official authorities, authorized public institutions and organizations and legally authorized persons upon request. This does not constitute a breach of confidentiality and EgeMoney shall not be liable for any damages arising out of or in connection with such disclosure.
Article 11. Risks and warnings
11.1. All content offered on the Platform consists of data collected from third parties and/or publicly available sources. All data, analyses, reports, statistics are processed and presented objectively by software that has automatically processed the information without any regulation or direction. Any news and reports provided by EgeMoney are for informational and advisory purposes only and do not constitute direct solutions, conclusions, legal opinions, political and sociological research information and their accuracy is not guaranteed. Data may be contradictory or inconsistent. In such cases, EgeMoney assumes no responsibility.
11.2. No material or information available on the Platform should be construed as a recommendation, approval, offer, invitation or solicitation for any transaction involving Crypto Assets or other products. The Platform is not intended to provide tax, legal, insurance or investment advice and nothing on the Platform should be regarded as an offer to sell, an offer to buy, investment advice or recommendation by EgeMoney for any Crypto Assets. You are solely responsible for determining the suitability of any investment, strategy, product or service based on your investment objectives and personal and financial circumstances. You acknowledge that investing in any Crypto Asset carries numerous risks and the clauses set out herein may not cover a complete list or description of the relevant risk factors. Remember that markets are constantly changing; therefore, information, content, third party content or other materials provided on or through the Platform may not be current or complete and may be replaced by more current information. You rely on such information at your own risk.
11.3. EgeMoney is a Crypto Asset Service Provider and is not a party to transactions with Crypto Assets on the Platform. Buying and selling of the listed Crypto Assets is carried out by the Users among themselves via the Platform. Crypto Asset values are determined according to the supply and demand relationship and EgeMoney has no responsibility for the changes in these values. All damages and losses arising from the change in the value of Crypto Assets belong to the User.
The listing of Crypto Assets on the Platform in no way implies that the technology related to Crypto Assets is approved by EgeMoney. We do not provide any guarantee regarding the reliability of Crypto Assets.
11.4. You should be aware that the price of Crypto Assets may fluctuate and may pose a financial risk to you. Legal regulations, market manipulation and other unforeseen circumstances may cause changes in the value of Crypto Assets. Before making a purchase decision, you are advised to contact your investment advisor and make an assessment of the risk levels in the context of your financial situation.
11.5. EgeMoney is entitled to cancel the Services offered on the Platform due to applicable laws and regulations, valid court decisions or other commercial reasons.
11.6. EgeMoney takes all reasonable measures to ensure that the Platform is accessible, available, uninterrupted and error-free, but EgeMoney provides the Platform ‘as is’ and ‘as available’ and does not warrant that the Platform is accessible, available, uninterrupted and error-free 24/7. EgeMoney does not warrant that the Platform will be continuously available, that it will operate without delays or problems, that the Platform will meet your needs, that the information you may obtain from the Platform will be accurate or that errors in the Platform will be corrected.
11.7. The protocols governing the operation and functioning of the Crypto Assets are not under the control of EgeMoney but are created and modified by third parties. EgeMoney does not guarantee that the protocols governing the operation and functioning of the Crypto Assets will always remain operational and that there will be no changes or forks in the protocols.
11.8. EgeMoney is authorized to cancel transactions performed on the Platform due to applicable laws and regulations, valid court decisions or other commercial reasons. EgeMoney has the right not to execute or to cancel the transactions performed by the User without any justification.
11.9. You accept and declare that you are solely responsible for the protection of your account and password and that EgeMoney cannot be held liable for any loss, damage or claim you may incur due to forgetting or losing your password.
11.10. You are solely in control and responsible for storing and securing your private key and recovery phrase for the Platform. Service interruptions may cause you to log out of your Account and you may be required to re-enter your recovery phrase to regain access. EgeMoney does not store a backup of your private key or recovery phrase and cannot recover them. If you lose your recovery phrase, you will lose access to all assets stored in your wallet. You should always back up your wallet private access key by secondary means.
11.11. EgeMoney cannot control the security or legality of the transaction, the accuracy of the transaction information or the capacity of the parties to fulfill their obligations under the rules of any transaction.
11.12. The User is solely responsible for the Crypto Asset transactions, requests, orders, sending funds from the Account to an address outside the Platform or from an address outside the Platform to the Platform. The User is solely responsible for any losses and damages incurred due to incorrect entry of the information required to be entered while performing these transactions, incorrect entry of the address or incorrect network selection. The User agrees that he/she has sufficient knowledge and experience to perform transactions related to Crypto Assets. The User accepts and declares that he/she is aware of the fact that the Crypto Assets may be lost in case of incorrect Crypto Asset transactions due to the irreversibility of the transactions performed with Crypto Assets. In the event that it is possible to recover incorrectly sent Crypto Assets, EgeMoney may charge a recovery fee for the recovery of such Crypto Assets.
11.13. There is no guarantee fund or compensation system in Crypto Asset transactions. The obligations regarding the Crypto Asset subject to the sale transaction and the fund to be paid in the purchase transaction are the responsibility of the relevant Users. EgeMoney cannot be held liable in cases where one of the parties to the transaction does not fulfill its obligations for any reason, or delays or defaults in fulfilling its obligations.
11.14. You may be subject to waiting periods in order to determine that you are authorized and competent to perform certain transactions on the Platform, to determine your identity, to complete certain transactions, and to perform transactions beyond certain volume limits. You should take into account that there may be a waiting period when performing your transactions.
11.15. By reading and approving this Agreement, Users are aware that they should never share any information regarding their EgeMoney account with anyone, that they should personally carry out the necessary research and risk analysis before making any Crypto Asset transaction, and that they are fully responsible for this matter. EgeMoney does not have any responsibility for the transactions realized on the Platform.
Article 12. Termination of the Agreement
12.1. You may terminate this Agreement by deleting your account. If you wish to delete your Account, you may request to delete your Account by contacting us via the Platform. To ensure that you do not lose your rights, you must not have any Crypto Assets in your Account and no active orders in your Account to delete your Account. You must withdraw all Crypto Assets from your Account before requesting to delete your Account. Otherwise, you acknowledge and agree that your Account cannot be deleted.
12.2. In the event of termination of the Agreement, if the User has any unexecuted orders through the Platform, the provisions of this Agreement shall continue to apply until all risks arising from these orders are terminated and all debts arising from the Agreement are paid in full.
12.3. EgeMoney may terminate this Agreement at its sole discretion and without any compensation upon the occurrence of at least one of the following events. In such a case, you acknowledge and agree that EgeMoney has the right to delete your account, suspend or terminate your access to your account at any time. This does not mean that your obligations under this Agreement will cease. EgeMoney reserves the right to claim compensation if you breach this Agreement.
12.3.1. If EgeMoney deems it necessary to protect the security of the account;
12.3.2. if there is a suspicion of suspicious, unauthorized or fraudulent activity, including, but not limited to, money laundering, terrorist financing, fraud or other illegal activities, which EgeMoney, in its sole discretion, considers to be a violation of this Agreement or the security requirements of the account by the User;
12.3.3. If the information provided by the User cannot be verified or its accuracy cannot be proven;
12.3.4. EgeMoney, in its sole discretion, has a reasonable belief that the User's actions may give rise to legal liability for the User, the Platform or other Users of the Platform;
12.3.5. EgeMoney decides to cease its operations or otherwise discontinues any service or option provided by the Platform or any part thereof;
12.3.6. EgeMoney detects a change that EgeMoney, in its sole discretion, considers to be material to the continuation of the account;
12.3.7. if instructed to do so by any governmental authority or if required by applicable law;
12.3.8. in the event of a disruptive market event triggering a trading halt; or
12.3.9. if EgeMoney determines, at its sole discretion, that it is necessary to terminate or suspend the account, the Platform or the Agreement;
12.4. EgeMoney has the right to prevent a User whose account has been deleted, access to his/her account has been suspended, suspended or terminated from opening a new account.
Article 13. Limitation of liability
13.1. We provide the Services and the Platform on an ‘AS IS’ and ‘AS AVAILABLE’ basis without any representations or warranties of any kind, whether express, implied or statutory, and to the maximum extent permitted by applicable law, disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. You acknowledge and agree that we make no representation or warranty that access to any part of the Platform and/or Services or any material contained therein will be continuous, uninterrupted, timely or error-free. You agree that the use of the Services is at your own risk. Except as expressly set forth in this Agreement, you acknowledge and agree that you have not relied on any other representation or understanding, written or oral, regarding your use of and access to the Platform. Without prejudice to the foregoing, you understand and agree that we shall not be liable for any loss or damage of any kind arising out of or relating to, including but not limited to, any inaccuracy, defect or omission in the price data of Crypto Assets, any error or delay in the transmission of such data or any interruption in such data.
13.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EGEMONEY AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR THE INTERCEPTION OR LOSS OF YOUR LOGIN DETAILS OR FUNDS, OR THE LOSS OF ACCESS TO OR INABILITY TO RESTORE ACCESS FROM YOUR RECOVERY STATEMENT; ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS TO ANY CRYPTO ASSET NETWORK; MISSPELLED WALLET ADDRESSES; CONTRACT ARISING OUT OF OR IN CONNECTION WITH THE UNAUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ALLEGEDLY CAUSED BY THE FAILURE OF ANY REQUEST TO BE SENT AS INTENDED OR TO BE RECEIVED BY THE INTENDED RECIPIENT OR BY THE DECREASE IN THE VALUE OF ANY OTHER DIGITAL ASSET ON THE DIGITAL ASSET NETWORK, IN NO EVENT SHALL EGEMONEY, ITS AFFILIATE OR ANY AUTHORIZED REPRESENTATIVE OF EGEMONEY BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR DIRECT DAMAGES OF ANY KIND ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EGEMONEY, ITS AFFILIATE OR AN AUTHORIZED REPRESENTATIVE OF EGEMONEY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
13.3. If you have breached this Agreement while using the Platform, if the damage is caused by your or third parties' action, if you or third parties are at fault, including slight negligence, in causing or increasing the damage, if we warned you of the possibility of damage before the damage occurred, If you have acted unlawfully or immorally while using the Platform or if the damage is caused by EgeMoney's slight negligence, you accept, declare and undertake that EgeMoney, EgeMoney's board members, shareholders, directors, managers, executives, employees, business partners, group companies, suppliers, representatives and other persons who prepare the information on this site will not be liable for your damages in any way. .
EgeMoney makes no warranties of any kind to Users, whether express or implied, including warranties of merchantability, performance, marketability or fitness for a particular purpose. EgeMoney shall not be liable for any loss of profits or consequential damages arising from the use of the Platform.
Article 14. Indemnification
14.1. The User agrees, to the maximum extent permitted by applicable law, to indemnify EgeMoney or third parties for any losses, damages, costs, expenses and claims incurred directly or indirectly by EgeMoney or third parties as a result of any violation of this Agreement, any law or the rights of a third party or as a result of any actions taken by the User on the Platform.
14.2. The User accepts, declares and undertakes that in the event that the User fails to pay EgeMoney its receivables arising from this Agreement or any other legal reason, including the amounts that the User is required to pay as compensation due to incorrect transactions or in accordance with this article, EgeMoney has the right to directly collect the Crypto Asset corresponding to the relevant amount from the User's account.
Article 15. Force Majeure
15.1. Fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disasters, embargo, state intervention, legal obstacles, riot, occupation, war, epidemic, mobilization, strike, lockout, labor actions or boycotts that may cause partial or complete, temporary or permanent suspension of the operation of the Platform; cyber-attacks, communication problems, infrastructure and internet failures, interruptions in blockchain networks, errors, hard forks, system improvements or upgrades, and failures that may occur for this reason, and power and internet outages, economic, social or political unrest, official restrictions on Crypto Assets, EgeMoney shall not be liable for any failure or delay in the performance of its obligations arising out of this Agreement due to legal regulations, unusual market conditions or other circumstances beyond EgeMoney's control, not caused by its fault and not reasonably foreseeable (‘Force Majeure’). The User shall not be entitled to claim from EgeMoney any damages suffered by the User due to the prevention or delay of such performance.
Article 16. Applicable law
16.1. This Agreement or any dispute or controversy arising out of or in connection with the Agreement or its subject matter or formation (including non-Contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Turkiye. Izmir Courts and Enforcement Offices are authorized to settle any disputes that may arise in the interpretation or application of this Agreement.
Article 17. Notifications
17.1. All kinds of notifications arising from this Agreement; Yalı Mah. 6523 Sok. No: 32 / B / 601 İzmir / Turkiye address in writing via registered mail. Correspondence to be made via the support e-mail address does not replace official notification in the sense of the contract.
17.2. If made to the User: Notifications made via the e-mail address and physical address provided by the User at the stage of membership to the Platform are valid. Users may choose which communication channel they wish to receive notifications via the Platform (e.g. SMS, Push, Instant Messaging, E-mail, etc.). In case of any change in contact details, the User must notify EgeMoney immediately. Otherwise, notifications made to the old address shall be deemed to have been received.
Article 18. Validity of books and records
18.1. The Parties hereby agree, declare and undertake that EgeMoney's commercial books and records and computer records shall constitute valid, binding and conclusive evidence in disputes that may arise from this Agreement and the performance of this Agreement, that EgeMoney is released from the offer of oath and that this article is a conclusive evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
Article 19. Miscellaneous provisions
19.1. The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision. If any provision of this Agreement becomes unenforceable or invalid by reason of any law or regulation, the remainder of this Agreement shall remain unaffected.
19.2. EgeMoney reserves the right to unilaterally change and update all terms and conditions contained in this Agreement without prior notice. The updated Terms will be published on the Platform. The User is advised to check the Platform terms regularly to be aware of any updates or changes. Unless otherwise stated, the updated Agreement shall be effective from the date of publication of the relevant notice on the Platform. As of this date, the User's continued use of the Platform shall constitute acceptance of the updated Agreement.
The User accepts, declares and undertakes that he/she has read and understood all articles and sub-paragraphs and clauses of this Agreement consisting of nineteen (19) articles separately and that he/she approves the entire content and all provisions of the Agreement.