1. PARTIES and PURPOSE of the AGREEMENT

1.1. Parties

This HTX Turkey User Terms of Service (“Agreement”) and its annexes from time to time referred to herein, which constitute integral parts of this Agreement has been entered into by and between HTX Turkey Teknoloji A.Ş. (“HTX Turkey”) and the real person signed up and created a private account at the Website/App (“User”), at the moment when the User has confirmed opening of her digital account.

1.2. Purpose

The purpose of this Agreement to accurately stipulate with sufficient detail the mutual rights and liabilities of the Parties with respect to the use of the services offered on the Website or App by HTX Turkey.

2. DEFINITIONS

2.1. HTX Turkey

HTX Turkey Teknoloji A.Ş. duly registered with Istanbul Trade Registry Directorate with the number 208654-5 at the address Cerrahpaşa Mah. Çınar Sk. No:3 1C-/- Fatih/İSTANBUL.

2.2. HTX

HTX Limited incorporated in the Republic of Seychelles under the laws of the Republic of Seychelles, and individually operates the website https://www.huobi.com , which is a platform dedicated to the transaction of digital assets and the provision of related services. HTX Turkey is an independent entity from HTX, which has no access and no means of partial or full control over such platform, hence cannot be held liable for any adverse event with the platform.

2.3. Cryptocurrency / Digital Currency

Cryptocurrencies or digital currencies are a subset of digital currencies which are encrypted with cryptographic software as digital representations of value that are neither issued by central banks or public authority nor necessarily attached to a Fiat Money, but are used by natural or legal persons as a means of exchange and can be transferred, stored or traded economically.

2.4. Wallet / Cryptocurrency Wallet

Wallet is a software program that stores private and public keys to enable users send and receive digital currency and monitor their balance.

2.5. Fiat Money

Any currency issued and backed up to be a legal tender by a state recognized by the Republic of Turkey. For the purposes of this particular Agreement, Fiat Money shall mean only the official monetary denomination of the Republic of Turkey which is abbreviated as TRY and represented by the symbol “₺”, since in Turkey HTX Turkey and HTX allow only TRY to crypto currency exchange activities.

2.6. User

The natural person above the age of 18 residing in the Republic of Turkey who has signed up with the website and opened a digital account to use Services offered by the Website/App.

2.7. Website/App

The domain name “https://www.huobi.com/tr-tr/” and its sub URLs and the mobile application which may be downloaded at the Website, Google Play or Apple Store.

3. RIGHTS and LIABILITIES

3.1.

HTX Turkey,  HTX and/or its affiliated companies own all the intellectual property on services including but not limited to those services offered on the domain names, software codes, interfaces, contents, product reviews, videos, algorithms, visuals, models, designs.

3.2.

User is granted a limited, non-exclusive, non-sublicensable, non-transferable license to download and install a copy of the App on a mobile device or computer that the User controls and to runs such copy of the App solely for her own personal purposes.

3.3.

User shall not, in any manner, transfer or assign her account and rights to third parties and shall not allow third parties to use her own account.

3.4.

User represents and warrants that the User will not engage in any Prohibited Business or Prohibited Use, as identified in our Acceptable Use Policy. HTX Turkey reserves the right to investigate violations of this Agreement or conduct that affects the Services. Further, HTX Turkey and HTX reserve the right to reverse, cancel and/or suspend the User’s Account and/or block transactions or freeze digital currencies held in the User’s Account immediately and without notice if HTX Turkey or HTX determines, at its sole discretion, that the User’s Account is somehow associated with a Prohibited Use and/or a Prohibited Business. User agrees that HTX Turkey or HTX will not responsible or liable if such event occurs. In case of any conflict between the provisions of this Agreement and the Acceptable Use Policy, the provisions of this Agreement shall prevail.

3.5.

To use the Services, the User must register for an account ("Account"). During the registration process, the User has to verify his/her identity. For this purpose, the User agrees to provide HTX Turkey and HTX some personal data, including but not limited to name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding bank account (such as the name of the bank, the account type, routing number, and account number). User’s ability to access and use the Services, in whole or in part, may depend on the information User provides. User confirms and warrants that the information he/she provides is and will be accurate and authentic. User is solely liable for the accuracy, privacy and security of the information it provides when opening an account.

3.6.

HTX Turkey or HTX may, at its sole discretion, refuse to open an Account for anyone. Unless otherwise agreed in writing, in advance, one User may open one and only one account per customer. User agrees not to circumvent any operational or technological measure that controls the number of accounts the User can maintain with HTX platform.

3.7.

User is solely responsible for maintaining adequate security and control of her IDs, passwords, hints, personal identification numbers (PINs), public or private keys or any other codes that the User uses to access her Account and Services. Any loss or compromise of the foregoing information and/or the User’s personal information may result in unauthorized access to the User’s Account by third-parties and the loss or theft of any digital currency and/or funds held in the User’s Account and any associated accounts. HTX Turkey or HTX shall not be held liable for any loss that the User may sustain due to compromise of account login credentials due to no fault of HTX Turkey and/or HTX and/or failure to follow or act on any notices or alerts that HTX Turkey and HTX may send to the User. In the event the User believes that her Account information has been compromised, the User shall immediately contact HTX Turkey at [email protected]

3.8.

User agrees and consents to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that HTX Turkey may from time to time provides in connection with the User’s Account and use of the Services. Communications may include, but are not limited to: any agreements or policies User agrees to (e.g., the TOS, Privacy Policy and Trading Rules), including updates to these agreements or policies; account details, history, transaction receipts, confirmations, and any other Account or transaction information; legal, regulatory, and tax disclosures or statements HTX Turkey may be required to make available to the User; and responses to claims or customer support inquiries filed in connection with the User’s Account.

HTX Turkey may provide these Communications to the User by posting them on or through the Website/App, emailing them to the User at the primary email address listed in the User’s profile, communicating to the User via instant chat, and/or through other electronic communication such as text message or mobile push notifications.

3.9.

User is herewith informed of the fact that the Website/App provides services only in exchange of TRY and does not provide other form of services such as crypto/crypto pairs, derivative transactions and etc.

3.10

Fiat Money deposits and transactions can only be conducted to, from and via bank accounts which are owned solely by the User. User is solely liable to maintain its full control and ownership on such bank account. If the User’s bank account is frozen or compromised or used by any third party for any reason, the User has to stop using services provided on the Website/App. HTX Turkey or HTX shall not be held liable for any loss, damage or claim due to the compromise of the title of the User to her bank account as well as any loss, damage or claim arising out of or in relation to the User’s own bank account.

3.11.

Fiat Money deposits, transfers or transactions shall not be conducted on ATM machines. Such transfers may be reversed, cancelled or otherwise interfered with and necessary measures may be taken about such User accounts.

3.12.

HTX Turkey or HTX shall not be liable for the losses, damages or claims for the transactions which have not been conducted within the hours or time periods specified in the Fiat Money deposit or withdrawal statements.

3.13.

The Website/App processes supported crypto currency according to the instructions received from the User. User shall verify all transaction information prior to submitting instructions on the Website/App. Once submitted, a Crypto Currency Transaction may be unconfirmed until confirmed by the Crypto currency network. A transaction is not complete while pending confirmation. The Website/App may require the User to wait some amount of time after completion of a transaction, before permitting the User to use further Services and/or before permitting the User to engage in transactions beyond certain limits.

Any submitted digital currency transaction may be delayed, cancelled, reversed (to the extent possible), or refused to be processed, if:

• required by law or in response to a subpoena, court order, or other government order or to enforce transaction limits;
• HTX Turkey or HTX suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime or illegal activity;
• HTX Turkey or HTX reasonably suspects that the transaction is erroneous;
• HTX Turkey or HTX suspects the transaction relates to prohibited use or a prohibited business as set forth in ourAcceptable Use Policy; or
• HTX Turkey or HTX suspects that the User has breached any terms of this Agreement.

In such instances, HTX Turkey or HTX is under no obligation to allow the User to reinstate a purchase or sale order at the same price or on the same terms as the delayed, cancelled, reversed or failed transaction.

User acknowledges that HTX Turkey or HTX cannot reverse a digital currency transaction that has been broadcasted to the underlying digital currency network.

3.14.

HTX Turkey or HTX may change or discontinue all or any part of the Services, at any time and without notice, at its sole discretion. HTX Turkey may amend or modify this Agreement by posting on the Website, through the App, or emailing to the User the revised Agreement, and the revised Agreement will be effective at such time. If the User does not agree with any such modification, the User may stop using the Services and User’s sole and exclusive remedy is to terminate this Agreement and close her Account. If the User continues to use the Services after HTX Turkey has made available to the User the updated Agreement, the User is deemed to have agreed to be bound by the updated Agreement. User agrees that HTX Turkey or HTX will not be liable to the User or to any third party for any modification or termination of the Services, or suspension or termination of the User’s access to the Services, except to the extent otherwise expressly set forth herein.

3.15.

Use of the services is entirely at the User’s own risk. HTX Turkey or HTX neither provides investment, tax, or legal advice, nor trades on User’s behalf. All transactions are filled automatically, based on the User’s instructions, and the User is solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for the User based on the User’s personal investment objectives, financial circumstances and risk tolerance.

HTX Turkey is an intermediary platform over which users exchange digital currencies with specified Fiat Money. HTX Turkey or HTX does not determine prices or has no involvement with any aspect which may have any effect on the prices.

There are certain risks in crypto currency investments. User acknowledges that she fully comprehends the nature of the crypto currencies and risks associated with crypto currency investments. There is no guarantee against losses. HTX Turkey or HTX cannot be held liable for the losses or damages due to price fluctuations.

3.16.

HTX Turkey and HTX cannot know or is not in a position that it could know how the crypto currencies are used, to where they are transferred or what purposes they are transferred or whether they are used for illegal purposes. HTX Turkey and HTX cannot be held liable for illegal use or abuse of crypto currencies and associated losses and damages.

3.17.

User is solely responsible for the tax and legal consequences of use of crypto currencies or profits derived therefrom. HTX Turkey or HTX cannot be held liable for legal and tax consequences which may occur due the User’s profits, gains or conducts.

3.18.

HTX extends maximum effort as a prudent businessman to protect the User’s Account. Nevertheless, the User’s Account may be compromised due to advanced and sophisticated cyber attacks and HTX cannot be held liable for losses and damages arise therefrom, unless a court of law determines HTX’s gross negligence in taking necessary administrative and technical measures to protect the User’s Account.

3.19.

Services offered on the Website/App is available only those who are older than 18 years of age and resident in the Republic of Turkey. HTX Turkey and HTX are entitled to request admissible documentation proving the age and location of residence. HTX Turkey and HTX reserve the right to suspend or terminate the Services if HTX Turkey or HTX, at its own discretion suspects that the age and location of the User do not meet the criteria mentioned herein.

3.20.

HTX Turkey or HTX may reverse, cancel, delay or suspend Services or Digital Currency Transactions to run technical maintenance, repair, corrections on the system or on the Website/App. HTX Turkey or HTX cannot be held liable for such technical errors or system failures.

3.21.

HTX Turkey reserves the right to suspend or terminate the Services to the User who use a vulgar and indecent language and behavior towards HTX Turkey, its employees and representatives. HTX Turkey also herewith reserves its right to recourse to the appropriate legal remedies for such behavior.

4. MARKETPLACE and FEES

4.1.

The Cryptocurrencies and Fiat Money which are allowed to be used for tender shall be announced on the Website/App. User can enter into transactions only on such Cryptocurrencies and Fiat Money as allowed by the Website/App.

Accordingly, the User may fund her Account with Cryptocurrencies and Fiat Money, as permitted by the Services. Crypto currencies held in the User’s Account can be used only to trade in the marketplace offered by the Website/App.

The transaction fees are subject to changes based on several variables including but not limited to special campaigns, time, location, transaction value, subject matter cryptocurrency and etc. Therefore, the User is expected to inquire about the applicable fee on the Website/App.

User transaction limits may vary depending on the User’s identity verification level. User may view her limits at her Account.

User may demand limit increases by providing additional information as may be requested by HTX Turkey and HTX. Such demand may be refused, or the User’s limit may be lowered at a subsequent time even if the User has completed Enhanced Due Diligence.

4.2.

HTX Turkey is entitled to receive a transaction fee each time the User withdraws Fiat Currency and a fee for transferring digital currencies into or out of the User’s Account.

By placing transactions through the Services, the User agrees to pay any applicable fees stated in the current fee schedule as made available on the webpagehttps://www.huobi.com/tr-tr/fee/”.

All fees will be clearly displayed and payable in Cryptocurrencies and Fiat Money. User hereby authorizes HTX Turkey and HTX to automatically deduct fees directly from User’s Account. All applicable fees will be calculated and showed when User authorizes a transaction. If the User owes any outstanding amounts to HTX Turkey, HTX Turkey reserves the right and the User hereby authorizes HTX Turkey to debit User’s Account for such outstanding amounts.

The fees may be changed and the new fees shall become effective on the date of its announcement on the webpage “https://www.huobi.com/tr-tr/fee/”.

The fees are exclusive of applicable taxes including but not limited to the VAT, stamp duty and etc. The applicable taxes shall be added on the relevant fee as accrued on the date of the transaction.

At the end of each month, HTX Turkey provides an electronic invoice to the User in which all the items of the monthly total fee are clearly indicated.

4.3.

Since the Digital Currency Transaction, that has been broadcasted to the underlying digital currency network, is irreversible, the fees collected by HTX Turkey cannot be returned.

5. TERM and TERMINATION

5.1. Term

This Agreement shall remain valid and applicable until terminated pursuant to the provisions stipulated herein.

5.2. Termination

HTX Turkey may for any reason, in its sole discretion, with or without notice to the User:

(a) suspend, restrict, or terminate User’s access to the Services, in whole or in part, and/or

(b) deactivate or cancel the User’s Account, including but not limited to:

• HTX Turkey is so required by a facially valid subpoena, court order, or binding order of a government authority; or
• HTX Turkey or HTX reasonably suspects the User of using her Account in connection with a Prohibited Use or Prohibited Business; or
• Use of the User’s Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with the User’s Account activity; or
• Due to apparent or legal insolvency of the User; or
• HTX Turkey or HTX suspects the account is involved in (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime or illegal activity;
• If the User breaches any term of this Agreement; or
• User takes any action that HTX Turkey or HTX deems as circumventing controls, including opening multiple accounts or abusing promotions which may be offered from time to time.

5.3.

Suspension, cancellation or termination of the User’s Account or the User’s access to the Services will not affect the payment of fees or other amounts the User owes to HTX Turkey. If  the User’s Account is suspended, cancelled or terminated, HTX Turkey may immediately take actions to cancel all open orders associated with the User’s Account, block all transfer of digital currencies held in the User’s Account, and block the User from placing further orders until resolution or Account suspension or cancellation.

5.4.

User is entitled to transfer digital currency associated with the User’s Digital Wallet(s) for ninety (90) days after Account deactivation, cancellation or termination unless such transfer is otherwise prohibited (i) under the law, including applicable sanctions programs, or (ii) by a facially valid subpoena or court order.

6. LIMITATION OF LIABILITY AND NO GUARANTEE

6.1.

User acknowledges based on enlightened information regarding the nature of the Services and technology that HTX is directly and individually responsible for storage and maintenance the User’s crypto currencies in hot and cold wallets and the User hereby validly and purposefully waives all rights to claim from or sue HTX Turkey in any adverse event with respect to his/her crypto currencies.

6.2.

Data, news, analysis, repots, statistics and similar informative content on the Website/App are derived from third parties in public domain. Such informative content is provided objectively on the Website/App without any amendment, interpretation or processing of HTX Turkey or HTX. With such content, HTX Turkey or HTX has no intention whatsoever to guide direct advice or otherwise incite a particular choice to effect the User’s decision, provide solutions to the User, make a political or financial statement, give investment advice to the User or guarantees the accuracy of such content. The informative content may be inconsistent or contradictory with each other. HTX Turkey or HTX shall not be held liable for such content or any loss or damage arising from reliance thereon by the User.

6.3.

To the maximum extent permitted by law, in no event will HTX Turkey, HTX or its affiliates and service providers, or any of their respective officers, directors, agents, joint ventures, employees or representatives, be liable (a) for any amount greater than the lesser of (i) the value of the supported digital currency held in the User’s account; and (ii) 50,000 TRY or (b) for any lost profits or any special, incidental, indirect, intangible, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the services, or this agreement, even if an authorized representative of HTX Turkey or HTX has been advised of or knew or should have known of the possibility of such damages. This means, by way of example only (and without limiting the scope of the preceding sentence), that if the User claims that HTX Turkey or HTX failed to process a buy or sell transaction properly, the User’s damages are limited to no more than the lessor of the User’s actual damage and 50,000 TRY, and that User may not recover for lost profits, lost business opportunities, or other types of special, incidental, indirect, intangible, or consequential damages.

6.4.

The services are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory. To the maximum extent permitted by applicable law, HTX Turkey and HTX specifically disclaim any implied warranties of title, merchantability, and fitness for a particular purpose and/or non-infringement. HTX Turkey or HTX does not make any representations or warranties that access to any part of the services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. User acknowledges and agrees that by using the Services on the Website/App, he/she is entering into an relationship with HTX knowingly and willfully, he/she can make deposits in TRY using their bank accounts, can hold the fiat balance and convert it into a digital asset provided by HTX, he/she is aware of the risks involved with cryptocurrencies, cryptocurrency value fluctuations and cryptocurrency related transactions. HTX Turkey or HTX will not be responsible or liable to the User for any loss and take no responsibility for and will not be liable to the User for any use of our services, including any losses, damages or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure; (c) unauthorized access to applications; or (d) any unauthorized third party activities, including hacking, the use of viruses, phishing, brute forcing or other means of attack against the services as well as any system or technical failure.

7. APPLICABLE LAW AND JURISDICTION

Any dispute arising from interpretation or implementation of this Agreement shall be governed by the laws of Republic of Turkey. Istanbul Central (Çağlayan) Courts and execution offices are vested with the exclusive jurisdiction to resolve any disputes arising herefrom.

Any dispute arising between HTX and the User shall be governed according to the agreement signed by HTX and the User.

8. SEVERABILITY

If any provision of this Agreement will be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement will not be affected.

9. FORCE MAJEURE

Without prejudice to the other provisions governing HTX Turkey’s right to delay, suspend or terminate the Services, it is hereby explicitly stipulated that HTX Turkey will not be liable for delays, failure in performance or interruption of the Services which result directly or indirectly from any cause or condition beyond our reasonable control, including any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond HTX Turkey’s reasonable control and will not affect the validity and enforceability of any remaining provisions.