TERMS OF USE

1. Parties

This KUTURK BİLİŞİM VE TEKNOLOJİ ANONİM ŞİRKETİ (“KuCoin TR”) Terms of Use (this “Agreement” or these “Terms”) and its annexes shall be electronically concluded between us and each User, at the time when the User visit, download, sign up to or use KuCoin TR to determine each party’s rights and obligations set forth herein.

Before and within using our Services, please read these Terms carefully, along with any other policies or notices on the Platform, including but not limited to the Risk Notification Form, the Confidentiality Policy, the Privacy Notice on the Processing of Personal Data, and the documents referred to herein and therein (collectively our “Policies”). Unless otherwise stipulated herein or therein, the Terms and our Policies constitute the entire agreement between you and us with respect to your use of the Platform.

2. Definitions

2.1. We/our/us: Refers to “KUTURK BİLİŞİM VE TEKNOLOJİ ANONİM ŞİRKETİ” located in Esentepe Mah. Büyükdere Cad. Astoria No: 127b İç Kapı No: 13 Şişli / İstanbul, operating the Crypto Platform mentioned in this Agreement and providing the Crypto Asset trading service and other services specified in the Agreement.

2.2. Order: Refers to User commands transmitted to the Platform for buying and/or selling Crypto Assets in a method and manner permitted by KuCoin TR.

2.3. Crypto Asset: Assets that are digitally created and distributed over digital networks using distributed ledger technology or a similar technology, but are not considered fiat money, deposit money, electronic money.

2.4. Crypto Wallet: It is a computer file that contains Crypto Asset addresses and their passwords and is entirely under the User's responsibility and control. Crypto Asset can be transferred between these addresses.

2.5. User/you: Refers to any eligible person who visits, downloads, signs up or uses the Platform whether or not get benefits from the services offered on the Platform.

2.6. Site: A website consisting of the domain name “https://kucointurkiye.com” and the sub-domain names connected to that domain name.

2.7. KuCoin TR/ Platform: The Site, related KuCoin mobile app (“KuCoin App”) and the related ecosystems created or operated by us from time to time, by which KuCoin TR provide certain Crypto Asset-related services and products to the Users.

2.8. User Account: The account each User shall register and open one in KuCoin TR as his/her identification therein, under which each User holds one or more Crypto Wallets.

3. General Provisions

3.1. Nature of KuCoin TR

3.1.1. KuCoin TR is mainly a Crypto Asset buying/selling platform. Through the Platform, the Users buy or sell Crypto Assets to each other by auction or by tender. KuCoin TR mediates these transactions via the Site. But, KuCoin TR does not determine, adjust or actively affect the prices generated on the Platform.

3.1.2. Investing in Crypto Assets is a risky economic activity. You hereby declare and undertake that you acknowledge the risks of investing in Crypto Assets and will assume by yourself and will not hold KuCoin TR responsible for the losses and damages which has incurred or may be incurred due to the investment. For more information about the risks in using KuCoin TR, please refer to the Risk Notification Form.

3.1.3. Unless otherwise stipulated herein, we are the owner of all services, domain names, software codes, interfaces, contents, product reviews, videos, algorithms, drawings, models, designs and all other intellectual property rights (excluding contents and applications provided by third parties) related to the Platform or services provided/to be provided under this Agreement. The copying, duplication, dissemination, the reverse engineering, and any other forms of infringement of the foregoing intellectual properties are not permitted in any manner.

3.2. Services of KuCoin TR

3.2.1. We provide you with different services on the Platform, through which you can:

(a) register, maintain and use a User Account on the Platform, which will be your unique identification thereon;

(b) open, maintain and use at least one Crypto Wallet under your User Account, through which you can top up and save BTC/BNB and other types of Crypto Assets to be accepted by us from time to time;

(c) voluntarily transfer Crypto Assets to your Crypto Wallet, from your own Crypto Wallet to other users on the Platform or to other Crypto Wallets outside the Platform; and

(d) voluntarily convert the Crypto Assets in your Crypto Wallet to other crypto assets or fiat money accepted by us from time to time or exchange it with other users on the Platform by other methods that will be accepted by us from time to time. You may access other services of our approved partners, or we may provide this to you from time to time.

3.2.2. For the avoidance of doubt, we are not affiliated with any financial services management such as depositing, withdrawing or transferring money in connection with fiat currencies, exchange of your Crypto Assets on the Platform at the counter/box office. These services will be provided by a third service provider within the scope of service agreements and policies, and if you have any concerns or problems regarding these services, you should contact the relevant service providers. We are not responsible for any claims you may make within the framework of your fiat currency financial services. You declare that you understand and accept that you should direct such requests to the relevant service providers.

3.2.3. For the purpose of complying with the law, no leveraged transactions are allowed on the Platform at present. You hereby accept, declare and undertake that you will not, claim interest or any additional profit similar to interest, under any name, for any type of Crypto Assets or fiat currencies on the Platform -whether it is converted to investment or not- that you may have or transact for in KuCoin TR in your use of our services. In this vein, we underline that KuCoin TR has no obligation and/or commitment to operate the currency or Crypto Asset type you own on the Platform or to profit from them on your behalf.

3.3. Duration of the User’s Membership

The User, within the scope of this Agreement, will be entitled to use the services provided/to be provided by KuCoin TR only for the duration of his/her membership.

3.4. Account Registration

3.4.1. Each User can have only one User Account. The User may only use the Platform for the purpose of benefiting from the services described in this Agreement. If the same person uses more than one User Account, KuCoin TR has the right to unilaterally take necessary and appropriate measures such as terminating the contract, discontinuing any transaction or blocking the transaction, suspending, disabling and blocking the User Account/Accounts unilaterally. KuCoin TR has no obligation to inform the User about the measures to be implemented or have been implemented.

3.4.2. The User is solely responsible for the completeness, accuracy, non-misleading and timeliness of the information provided while singing up the Platform. KuCoin TR relies on these statements in all transactions relating to the User and acts accordingly. In addition, it is the User that is obligated to provide and verify/prove the documents and information requested by KuCoin TR after signing up, in order to keep the User data up-to-date or to execute the certain limit/transaction types. Otherwise, KuCoin TR has the right to, at our sole discretion, terminate the Agreement, as well as not to proceed for any action or to take necessary and appropriate measures such as unilaterally blocking, disabling or suspending your User Account. In the event that the information declared or provided by the User is changed, the User shall notify KuCoin TR as soon as possible and update this information. KuCoin TR is not responsible for your losses or damages arising from your failure to fulfill this obligation.

3.5. Qualification of the User

3.5.1. The Platform only provides services for natural persons residing in Türkiye. The User accepts, declares and undertakes that he/she is not a taxpayer and/or citizen in the United States of America or a Green Card holder and he/she is a tax resident only in Türkiye; otherwise, that he/she will immediately notify KuCoin TR and provide all kinds of information and signed documents that may be requested, especially the W9 Form, to KuCoin TR and that the accuracy of the information provided. If it is determined that the User is a taxpayer and/or citizen in the United States of America, KuCoin TR reserves the right to take measures deemed appropriate, including disabling the User Account.

3.5.2. You hereby declare and undertake that you are over the age of 18 and has a capacity for independent act and responsibility. If KuCoin TR, for any reason and in any way, detects or has reasonable doubt that the you are, or your User Account is being used by anyone, under the age of 18, or having no capacity for independent act and responsibility, we have the right to, at our sole discretion, terminate the Agreement or as well as to take necessary and appropriate measures such as not proceeding for any transactions or blocking, suspending your User Account unilaterally.

3.5.3. The User accepts, declares and undertakes that the use of the services offered by KuCoin TR has not been restricted before, and that he/she is not included in any trade embargoes, economic sanctions list or the list of specially designated and blocked persons of any institution, especially Financial Crimes Investigation Board (MASAK). KuCoin TR reserves the right to take the necessary measures in case otherwise determined by KuCoin TR.

3.6. Account Usage Requirement

3.6.1. The User shall not transfer this Agreement or any obligations or rights arising out hereof to third parties without our consent. You shall not sell, assign, lease, license or in any other method make your KuCoin TR account to be used by third parties under any title or name without our consent. In case of your act breaching the provisions aforementioned, KuCoin TR has the right to, at our sole discretion, terminate the Agreement, as well as not to proceed for any action or to take necessary and appropriate measures such as unilaterally blocking, suspending or disabling your User Account.

3.6.2. The User undertakes that he will not act on his own behalf but on behalf of someone else. The User undertakes to act on his own behalf and on his own account and not to act on behalf of someone else. Otherwise, the User accepts and declares that KuCoin TR will not have any legal / criminal liability due to unauthorized, erroneous transactions, unfair, unlawful use of third parties, including fictitious, illegal, transactions, and that it has the right to terminate this Agreement unilaterally.

3.6.3. If the User wants to appoint someone as a representative by issuing a notary public power of attorney with a special authority to exercise the rights arising from this Agreement, the representative may exercise the rights arising out of this Agreement only with the prior written permission of KuCoin TR. Such matters are at sole discretion of KuCoin TR. If KuCoin TR permits the power of attorney aforementioned, the User shall be responsible for all behaviours and transactions carried out by this person and for the consequences of such behaviours and transactions. Again, in cases where the power of attorney is dismissed or resigned, is the User shall notify in writing KuCoin TR in advance. In case the notice is delayed, the legal responsibility arising from the transactions in the period up to delivery of the notification by KuCoin TR shall be still assumed by the User.

3.6.4. The User shall use the services we provide (including but not limited to carrying out transactions through the Platform) only for lawful purposes. If any service or the Platform is used by the User for illegal purposes or deemed suspicious, KuCoin TR is entitled to, cancel or delay the execution of the transaction, compulsory restitution of conditions of the Users carrying out transactions, terminate the Agreement immediately, freezing or suspending the User Account and/or take other necessary security measures. The legal responsibility arising from the unlawful actions of the User shall be borne by him/herself.

3.7. Account Security

You are responsible for the protection of the password and the username to your User Account. You shall not share this username and password with other people, otherwise, you are responsible for any loss or damage caused. The Orders transmitted to the Platform solely with your username and password shall be deemed to belong to you. If any unauthorized persons get your User Account and use the services we provide through your User Account, we shall not assume any liability incurred by you therefrom. At this point, the User is obliged to notify KuCoin TR of any suspicious transaction or unauthorized access to the User Account without delay.

You shall ensure the security of your own User Account. For the purpose of protecting your User Account, it’s strongly suggested that you (i) use a strong password, (ii) not share the username and password thereto with anyone, (iii) use the password thereto only specifically in the Platform, (iv) always connect to the Site via "https", and (v) check the address of " https://kucointurkiye.com" and/or the identification information of the KuCoin App while accessing to the Platform.

3.8. Rights and Obligations of the User

3.8.1. The User is legally and criminally responsible for all transactions and actions taken through the Platform. The User acknowledges that transactions carried out and Orders given by him/her cannot be cancelled or undone after their execution and acts accordingly. Orders that have not yet become transactions can be cancelled within the rules of the Platform. Unless otherwise provided in the Policies of the Platform, KuCoin TR only provides matchmaking services between different Users with respect to Crypto Asset transactions and relevant technical services and does not engage in any transaction as a party thereto. Therefore, KuCoin TR has no legal or administrative responsibility as a party to any transaction. In particular, the responsibility arising from the execution of the Orders given by any User regarding buying/selling or other services shall be borne by such User. Again, the User is also responsible for any loss or damage arising out of the transactions carried out due to wrong or incorrect Orders.

3.8.2. The User may transfer Crypto Assets from the Crypto Wallet to the Crypto Wallets of the third parties, within the service fees announced on the Site. You are responsible for the transfers of Crypto Assets exchanged on the Platform to any of your Crypto Wallets. It is also responsible for taking security measures related to each of your Crypto Wallets. In case of any incorrect transfer of Crypto Asset between Crypto Wallets belonging to different Users, KuCoin TR shall not be held responsible, and all responsibilities shall be borne by the User who carries out incorrect transfer. Therefore, before sending your selling/buying Orders, you shall carefully check the information that must be entered during the transfer according to the technical specifications of Crypto Assets, otherwise you shall assume the losses, damages and liabilities due to entering incorrect information. You hereby, for all cases except for those due to our intention or gross negligence, accept, declare and undertake that you have released KuCoin TR irrevocably for any liability for incorrect transfers. For the avoidance of doubt, in any case where KuCoin TR is deemed grossly defective, KuCoin TR will only be liable for direct damage ruled by the final court decision.

3.8.3. You are responsible for all activities in the name of your User Account subject to this Agreement, and all legal liabilities (including but not limited to tax liabilities) arising from such activities. In the event we are obliged by law or governmental orders to make a payment or assume other liabilities arising from or related to such activities, you shall compensate us for all our losses and damages in a way satisfactory for us and you hereby agree that we are entitled to take all reasonable measures at our sole discretion to relieve us of the foregoing liabilities, including but not limited to freezing or compulsorily transfer your assets.

3.8.4. The Orders given by the User will be carried out only if there is a demand within the market conditions. Therefore, simply giving an Order (stop limit or other limits or Orders) does not mean that the Order will be converted to a transaction. KuCoin TR has no commitment in this regard. KuCoin TR’s liability is limited to bringing buyers and sellers together on the same Platform and matching the buy and sell Orders.

3.8.5. In the transfers made by the User to the wallet located in KuCoin TR, only the crypto asset types listed in KuCoin TR will appear in the wallet. In case of transferring Crypto Asset types not listed on KuCoin TR Platform; You can request a refund of the transfer or its conversion to another listed asset, provided that the costs belong to You/User.

3.8.6. The User may transfer money in Turkish Lira to the User Account on the Platform, through the domestic accounts of Turkish banks opened exclusively in the name of the User. The money sent by the User in violation of the procedures set out in this Agreement and the money sent by third parties or unknown persons will not be kept in the User Account by KuCoin TR and will be returned to the transferer. The User may transfer money in Turkish Lira to the User Account on the Platform 24/7 via wire transfer. Transferring money in Turkish Lira via EFT occurs according to the transaction hours of the bank to which money will be transferred.

3.8.7. The money to be paid to the User by KuCoin TR shall be transferred to the domestic accounts of Turkish banks exclusively in the name of the User within the procedures set by KuCoin TR. Unless there is a force majeure situation, the money to be paid to the User is transferred to the registered bank account of the User not later than the business day following the transaction date. However, KuCoin TR reserves the right to postpone the transfer of the said amount for 5 (five) business days in case of special circumstances. In this vein, the User does not have the right to demand any interest, accretion or compensation from KuCoin TR, under any name.

3.9. KuCoin TR’s Rights and Obligations

3.9.1. We, as a prudent businessman, are obliged to pay reasonably utmost attention to the security of your Crypto Assets that we maintain on your behalf. However, we shall not be held responsible for theft / fraud / cyber-attack incidents that still may occur despite all of our efforts.

3.9.2. KuCoin TR provides support services at [●] or other communication channels provided on the website. Unless otherwise expressly provided in our Policies, KuCoin TR usually does not ask for a password in support correspondences, does not request the address of any Crypto Wallet from you, provide such an address, or require you to transfer any Crypto Assets or fiat currencies to us or a third party. The User accepts, declares and undertakes that such requests are made by unauthorized persons, that he/she may suffer damage if he/she meets the said requests and that he/she shall be solely responsible for the damage. KuCoin TR shall not be held responsible for damages and losses of the User which are not or may not resulted from the aforementioned communication channels.

3.9.3. KuCoin TR has the exclusive authority to determine the types of crypto assets that it mediates on the Platform. From time to time, it may remove the listed crypto-asset types from the list or add other crypto-asset types it accepts. For the crypto asset types to be removed from the list, the User will be given a reasonable notice in advance, and the User shall be requested to transfer the Crypto Asset to be removed from the list within the specified time upon this notification, to a Crypto Wallet outside the Platform or to sell it to another User who will transfer it outside the Platform. If no transaction is made by the User within the specified time, the User accepts that the crypto asset to be removed from the list will not be able to be transacted on the Platform and that the said Crypto Asset will have to be transferred to another Crypto Wallet. There is no responsibility to be attributed to KuCoin TR in this regard.

3.9.4. A reference program may be organized by KuCoin TR in order to encourage Users to refer KuCoin TR to third parties and to acquire new Users. KuCoin TR is exclusively authorized to determine the terms of the reference program and to determine, change and remove the reference commission rate. The terms of the reference program are set forth at “[●]”.

3.9.5. Any lien, precautionary lien, injunction and any other administrative or judicial decisions that reach KuCoin TR regarding the User are implemented by KuCoin TR as required within the framework of the relevant legislation. In this case, it is a legal obligation for KuCoin TR to confiscate the amounts in the User Account, to notify the relevant legal authorities, to transfer the amounts to the persons and institutions specified in the administrative or judicial decision, to block the amount, to deactivate the User Account for transactions or limit access; and the User shall not claim compensation against KuCoin TR solely due to the fulfillment of the relevant decisions.

4. Limitation of Liabilities and Disclaimer

4.1. Risks

4.1.1. Investing in Crypto Assets is a risky economic activity. You hereby declare and undertake the risks regarding activities (including carrying out transactions) subject to this Agreement we have reminded you of herein as well as in the Risk Notification Form, and further agreed that we are not responsible for any losses or damages incurred by you arising from or related to those risks, including but not limited to price fluctuation of Crypto Assets.

4.1.2. The User will make the decision to trade by examining the characteristics, type and features of the crypto asset to be invested. It is the User's own responsibility to conduct detailed research on this matter. KuCoin TR is not a party to the transactions made and does not guarantee that income will be earned from the transactions made. KuCoin TR has no responsibility or commitment in this regard.

4.2. General Provisions of Limitation of Liabilities

4.2.1. KuCoin TR is mainly a Crypto Asset buying/selling platform. Through the Platform, the Users buy or sell Crypto Assets to each other by auction or by tender. KuCoin TR mediates these transactions via the Platform. However, KuCoin TR does not determine, adjust or actively affect the prices generated on the Platform. KuCoin TR shall not be held responsible for damages and losses suffered by the Users due to changes in prices and damages which have been incurred or to be incurred.

4.2.2. Unless incurred from intention or gross negligence of KuCoin TR, KuCoin TR is not responsible for any loss and/or damages due to the User’s transactions carried out on the Platform.

4.3. Content not Provided by KuCoin TR

4.3.1. The contents offered on the Platform may consist of data collected from third parties and public sources. All data, analyses, reports, statistics are processed and presented objectively by a software that automatically processes information without sorting or direction. All reports and reports submitted on the Platform are for your information only and do not have the nature of direct solution, conclusion, buying or selling advice legal opinion, political and sociological research knowledge and are not guaranteed to be complete, accurate or non-misleading. The data published on the Platform may be contradictory or inconsistent with each other. You hereby agree and accept that in such cases KuCoin TR has no responsibility for submit or display to you any information containing contents from third parties or public sources.

4.3.2. KuCoin TR provides no warranty -whether express or implied- including merchantability, performance, marketability, fitness for a particular purpose, regarding the results of any content we offer to any User. All content is presented to the User on the “as is” basis. KuCoin TR shall not be held responsible for any loss of profits or compensatory damages that may arise from the use of the contents. The contents offered by KuCoin TR do not contain any reference to any person / institution / company / brand and are not a recommendation which may affect the market value or various criteria rankings of these individuals / institutions / companies / brands or the purchase, sell or hold of stocks or Crypto Assets.

4.4. Technical Issues

4.4.1. KuCoin TR shall execute the Orders given by the User in relation to the services in this Agreement within the Platform procedures and within a reasonable period of time. However, KuCoin TR is not responsible for damages due to the failure to execution of these Orders in reasonable time for technical reasons, compelling reasons, temporary impossibility or any other reasons not arising from or controlled by KuCoin TR.

4.4.2. KuCoin TR, shall not be held responsible in any way for technical failures that may occur on the Platform. KuCoin TR does not guarantee that the Platform will work or work without any failure. However, it is willing to make utmost effort to ensure the proper functioning of the Platform.

4.4.3. KuCoin TR may perform periodic maintenance and updates when it deems appropriate for the healthy operation of the Platform, by notifying the Users in a reasonable time. The User cannot claim that damage has occurred due to unfulfilled transactions and unfulfilled Orders within this time period.

4.5. Misuse of the User

KuCoin TR shall not be held responsible for damages and losses which has incurred or to be incurred due to the misuse of the Crypto Assets purchased and sold by the User or any other services received under this Agreement. KuCoin TR, in case of any suspicious situation such as violating the Platform procedures, transferring Orders that cannot be explained with a reasonable justification, may not execute the User’s Orders, as well as, if possible, may cancel the transaction. In all these cases, KuCoin TR shall not be responsible for any of the User’s losses or damages.

5. Claims

5.1. Transactions with Technical Errors

Although the User can cancel the unmatched Orders submitted to Platform without constraint, the transactions resulting from the matched Orders cannot be cancelled or cancellation cannot be requested from KuCoin TR under any circumstances. However, in exceptional circumstances, such as in cases where your transactions occur -due to technical errors- at unrealistic prices, KuCoin TR may, at its sole discretion, cancel or rescind these transactions or take other necessary measures in order to correct and ensure the proper functioning of the system. Your User Account may be frozen during cancellation and rescission, if any payment has been made, and a refund of the wrongful payment may be requested. If aforementioned payments are not refunded, KuCoin TR has the right to resort to all kinds of legal remedies. You hereby agree that, in cases that any loss/claim due to these transactions is incurred by KuCoin TR or another User of KuCoin TR, KuCoin TR is authorized to collect the relevant amount of Crypto Assets or other assets equivalent to the loss/claim we or another User suffers, from your User Account. KuCoin TR shall not be held responsible because of this kind of transactions and no claim shall be made against KuCoin TR.

5.2. Disposal of Claims

KuCoin TR shall have the right to collect/offset or exchange our claims arising out of this Agreement or any other legal reason from any kinds of receivables/goods/assets belongs to you.

6. Non-Financial Advice

6.1. Non-investment advice

No services under this Agreement have the nature of “investment advisory”.

6.2. Non-consulting

KuCoin TR neither commits to provide consultancy to the User nor engage in any activity that may be interpreted as consulting.

7. Fees

7.1. KuCoin TR is entitled to receive a commission (service fee) at a rate determined at our sole discretion for certain services we provide, including but not limited to services regarding buying and selling transaction.

7.2. KuCoin TR declares the fees and commissions for the services we provide on the Site or the KuCoin App. Fees and commissions are available at “[●]”.

7.3. Unless otherwise provided in Policies, Crypto Asset transfers are non-refundable, hence the commission and transaction fees collected by KuCoin TR cannot be refunded and the Users have no right to request a refund of these fees.

7.4. KuCoin TR reserves the right to change the types, amounts and rates of these fees and commissions from time to time without prior notice. These changes are implemented after they are posted on the Platform. The fee table for services is an integral part of this contract.

8. Privacy Policy

8.1. Compliance

Each party hereby agree, declare and undertake that they will comply with the applicable law as well as our Policies on personal data protection.

8.2. Personal Data We Collect

KuCoin TR detects, collects and records different personal data depending on the context of your interactions with us, the choices you make, and the products and features you use, including but not limited to:

8.2.1. Your personally identifiable data that you voluntarily provide to us when registering at the Site or KuCoin App and/or completing authentication.

8.2.2. Your personal data such as identification documents, fund source certificates, fund use documents and so on, before or during your use of specific services, in order to comply with the global industry regulatory standards, local regulatory standards and governmental orders in different aspects, including anti-money laundering (AML), know your client (KYC) and counter-terrorism financing (CTF) and so on;

8.2.3. Your personal data related to your use of services, such as

(a) the dates and time you access or use the Platform;

(b) the device identification, such as your IP addresses, the types, models, operating systems; browser information and manufacturers of devices you access to the Platform;

(c) comprehensive demographic information; and

(d) other relevant traffic data at our sole discretion.

8.2.4. Your personal data contained in or related to any communication you send to us or generated through the use of the service.

8.3. Transfer of Personal Data

KuCoin TR shall undertake that it will not transfer the User's personal data to third parties except certain persons set forth in the Privacy Policy on the Processing of Personal Data under legal obligations or with the explicit consent of the User.

8.4. Use of Personal Data

8.4.1. The personal data provided by the User shall not be used for any other purpose other than those set forth in the Agreement and in the Privacy Policy on the Processing of Personal Data.

8.4.2. We primarily use and/or disclose your personal data to sustain and enhance KuCoin TR, including but not limited to

(a) to provide and maintain the services and verify each User's identity;

(b) to share with our agents, service providers or with other persons we conduct business with, for the purpose of showcasing our performance hereunder;

(c) to ensure and improve the system and User Account security and our services;

(d) to enforce this Agreement and other Policies;

(e) to combat counterfeiting, comply with legal obligations, governmental requirements or court orders, and respond to reasonable requests of our Users; and

(f) to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

8.4.3. KuCoin TR, in order to make the duties and services to be used more effectively, can cooperate with several third parties in several manners. This cooperation can be through advertising, sponsorship, authorized marketing, data sharing and other legal commercial methods.

8.5. Third-Party Links

KuCoin TR may provide links to third-party sites within the Platform, which can forward Users to those sites of third parties. KuCoin TR has no responsibility regarding data collection, processing and disposal of such third parties, or the content those sites contain. For more information, please refer to the privacy practices or policies of such third parties accessed through this link.

8.6. Confidentiality

KuCoin TR undertake that it keeps the confidential information disclosed to itself strictly private and confidential, accepts to keep it as a secret as an obligation and it takes all necessary measures that are required to ensure confidentiality and its maintenance, to prevent all or any part of confidential information to be public domain or to prevent unauthorized User or its disclosure to a third party and to show utmost care on its part.

9. Validity of Records

You hereby accept, declare and undertake that, in any dispute arising out of or related to this Agreement, electronic system records, commercial records, book records, microfilm, microfiche, and computer records kept in KuCoin TR’s own systems, database and servers shall be valid binding, final and exclusive evidence and this article shall has the nature of the evidence contract within the scope of Article 193 of the Civil Procedure Code.

10. Termination of the Agreement and Force Majeure

10.1. Each party may terminate this Agreement at any time with a one-day prior notice delivered to the other party. At this point, the User accepts that KuCoin TR is under the obligation to keep data in accordance with the relevant legislation.

10.2. KuCoin TR is authorized to close the User Account ex officio without prior notice for justifiable reasons and to terminate this agreement immediately without paying any compensation, as a result of the evaluations to be made within the scope of MASAK legislation and/or its own policies. In case the contract is terminated or terminated at the request of the User; If there is a balance of crypto assets in the User Account, these assets are converted into Turkish Lira at the conversion rate at KuCoin TR at the time of return and sent to one of the User's registered Bank accounts together with the other Turkish Lira balance, if any.

10.3. In the event that this Agreement is terminated by KuCoin TR for the reasons stated in the previous article, or this Agreement is terminated by the User, the rights that the Users obtained or will have from all reward systems, applications and campaigns shall expire. The user will not be able to claim any rights in this matter after the termination of this Agreement.

10.4. Under this Agreement, force majeure shall be interpreted as events that occur beyond the reasonable control of the related party including but not limited to natural disasters, riots, epidemics, war, strike, interruption in Internet services across the country, lockout, failures arising from telecommunications infrastructure, power outages and bad weather conditions.

10.5. During the force majeure period, the obligations of the parties are suspended.

10.6. Neither party shall be liable for any losses or damages incurred by the other party arising from or related to failure or delay of either party’s performance of this Agreement due to “force majeure”.

11. Governing Law and Dispute Resolution

11.1. This Agreement shall be governed by and construed under law of the Republic of Türkiye.

11.2. In all disputes arising from or in connection with this Agreement, Istanbul (Çağlayan) Courts and enforcement offices are authorized.

12. Execution and Acceptance

12.1. Unless otherwise provided herein, this Agreement has been concluded electronically between you and us as a result of the user filling in the information fields on the Platform and clicking on the “Start My Membership” tab. However, the obligations arising from this Agreement come into effect after we confirm the accuracy of the information provided by the User during the membership process.

12.2. You hereby accept, declare and undertake that you have read the full text of this Agreement, the Risk Notification Form, the Confidentiality Policy and the Privacy Policy on the Processing of Personal Data, fully understood their contents and confirmed and agreed all their provisions.

12.3. Upon your request, we can send you a copy of this Agreement, the Risk Notification Form, the Confidentiality Policy, and the Privacy Policy on the Processing of Personal Data at your e-mail address.

12.4. We reserve the right, at our sole discretion, to change these Terms or our Policies at any time. Unless otherwise provided in the respective notice, any such changes will take effect on 0:00 of the fifth (5) day as of the date when respective notice is posted on the Site or the KuCoin App. Your continued use of the Platform following any such change will signify your acceptance to be bound by the then-current Terms. Please regularly check the latest effective date of these Terms or each of our Policies to be aware of any updates or changes hereto and thereto.

12.5. If you do not agree to the terms of this Agreement, you shall not use the Platform and the services provided through the Platform. Otherwise, KuCoin TR shall not be held liable for losses damages that incurred or to be incurred by you arising from or related to your unauthorized use of the Platform or the services.

13. Miscellaneous

13.1. We hereby declare that we have obtained the authorization to use solely the trademarks "KuCoin TR" and "KuCoin" from the relevant KuCoin TR Operator having a separate legal personality. For the avoidance of doubt, such authorization shall not be understood or interpreted as that the licensor and us establish a partnership or joint venture to operate the Platform, and nothing in the Terms shall be understood or interpreted as that the licensor and we intend to establish a partnership, joint venture, or other relationship resulting in mutual assumption of liabilities or debts of the licensor. KuCoin TR is a platform operated by KUTURK BİLİŞİM VE TEKNOLOJİ ANONİM ŞİRKETİ located at the address below. We declare that we are not the Turkey representative, branch or communication office of any other company.

Trade Name: KUTURK BİLİŞİM VE TEKNOLOJİ ANONİM ŞİRKETİ

Trade Register No.: 381272-5

Central Registration System No. (MERSİS): 0600046152900001

Address: Esentepe Mah. Büyükdere Cad. Astoria No: 127b İç Kapı No: 13 Şişli / İstanbul

Website: https://kucointurkiye.com/

Registered Electronic Mail Address: [●]