Simple Earn User Agreement TR
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1. Overview
1.1 The Simple Earn Service (the “Simple Earn Service” or “Service”) is offered by OKX TR Kripto Varlık Alım Satım Platformu Anonim Şirketi a company incorporated under the laws of the Republic of Turkiye with its registered office at Maslak Mah. Aos 55. Sk. 42 Maslak B Blok Sitesi No: 4 İç Kapı No: 542 Sarıyer, İstanbul ("OKX TR"). The Service is offered as a value-added service to OKX TR users so that they may earn allocation fees (the "Earning") by allocating their Digital Assets on the OKX TR Platform for a fixed or flexible term, pursuant to the terms and conditions of this Simple Earn User Agreement (“Agreement”).
1.2 In order to use the Service, you should carefully read and abide by this Agreement. By using the Service, you confirm that you have read and accepted all the terms of this Agreement. Your use of the Service represents that you have read, understood and agreed to this Agreement and that this Agreement is legally binding on you.
1.3 This Agreement supplements the User Agreement. In the event of any conflict or inconsistency between any term or provision set forth in this Agreement and the User Agreement, such conflict or inconsistency shall be resolved by giving precedence to this Agreement. All provisions, including definitions, of the User Agreement not modified by this Agreement shall remain in full force and effect. Terms not defined here are defined in the User Agreement.
2. General
2.1 The Service allows OKX TR users to allocate their Digital Assets on the OKX TR Platform for a fixed or flexible term, so that they may earn Earnings. Subject to the terms and conditions of this Agreement, Subscription and Redemption (as defined below) are supported 24/7 on the OKX TR Platform. For the avoidance of doubt, Subscriptions for a fixed term cannot be Redeemed earlier than the term (or any extended term, as described in Section 4.5(g), below).The Simple Earn Service is not allocation amount-protected product and users risk allocation amount loss (in whole or in part).
2.2 Definitions relating to the Service include:
Redeem / Redemption: The closing of a position (in whole or in part) in the Service.
Earning(s): The payment that a User may receive by allocating its Digital Assets in the Service, provided such Digital Assets are successfully matched with allocation demand.
Subscribe / Subscription: The opening of a position in the Service, which results in a allocation of Digital Assets in the Service. Such opening can be carried out either by the User manually opening a position on the Simple Earn product page on the OKX TR Platform, or by opting-in to Auto-Earn (as described in Section 4.4(g), below).
T hour: The time when an order from a User is matched, used to calculated the hourly Earning, in a normal trading day based on UTC+8 time zone.
3. Eligibility to Use the Service
3.1 You agree that OKX TR may hold your Digital Assets for the duration of the Service in order to fulfill its obligations under the Service.
3.2 You also understand and confirm that:
You have agreed to abide by the User Agreement, and are eligible and permitted to use the Services specified therein;
If you use the Service, this Agreement is binding on you;
You have the experience and risk tolerance required to use the Service, and have the experience and knowledge necessary to invest in non-guaranteed digital asset products;
You have the ability to perform operations on the Internet;
This Agreement and your use of the Service does not conflict with the laws of the Republic of Turkiye, and you agree to comply with the laws of the Republic of Turkiye;
You are the legal and beneficial owner of all the Digital Assets in your OKX TR account and that the sources of your Digital Assets and fiat currency are not from illegal activities.
3.3 You further agree that:
You will not use the Service in connection with any Prohibited Businesses (as defined in the User Agreement), including without limitation illegal purposes such as money laundering, terrorist financing, or fraud, or any other activities or any businesses prohibited by the law;
You will not use the Service in connection with any forms of price manipulation, insider dealing, market manipulation, market distortion or any other malicious wrongdoings to the market.
3.4 You understand and accept the risks that may arise to you and the related losses you may suffer from using the Service, as set out in the User Agreement. Those risks and losses include but are not limited to:
Any loss you may suffer from the risks associated with the inability to sell or convert Digital Assets allocated into the Service into a preferred alternative asset immediately or where conversion is possible but at a loss. You are willing to bear the risks and potential financial losses caused by allocating Digital Assets into the Service;
Historical Earnings are not indicative of future Earnings. The expected Earnings displayed on the OKX TR Platform are theoretical estimates of Earnings. They are not actual or guaranteed Earnings promised by OKX TR. OKX TR does not guarantee or promise any Earnings. Actual Earnings may vary from the estimated or expected Earnings. Earnings shall be calculated and distributed by OKX TR in its sole discretion. OKX TR may deduct cost, fees, and expenses related to the operation of the Service from your actual Earnings, to determine the final amount payable to you;
Price fluctuations of Digital Assets and their derivatives may cause significant or total loss in a short period of time;
The nature of Digital Assets means that technological difficulties experienced by OKX TR may prevent a User's access to, or use of, its Digital Assets;
Market risks may occur, which may result in losses of your digital assets;
OKX TR may have to add, remove, or change its terms or policies, including the terms of this Agreement, from time to time, while you are using the Service. Any such actions may benefit or harm Users like you.
4. Use of the Services
4.1 Through the OKX TR Platform, you can Subscribe to and Redeem positions in the Service.
4.2 When you Subscribe to the Service, your Digital Assets are allocated to the Service. When your Digital Assets are allocated to the Service, you cannot access, trade, sell, convert, or otherwise use them.
4.3 When Subscribing to the Service, you may choose “flexible” term or “fixed” term. For “flexible” term, you may Redeem your order, thereby withdrawing your Digital Assets from the Service, at any time, subject to the terms of this Agreement (in particular, see Section 4.5, below). For “fixed” term, you cannot Redeem your order for the full duration of the term once it is matched and drawn down as per the terms below during this time; your Digital Assets cannot be withdrawn, accessed, traded, sold, converted, or otherwise used for the full duration of the term; with respect to Redemption, see in particular Section 4.6, below.
4.4 Simple Earn Flexible Term
a. At the time of Subscription by way of a manual order on the OKX TR Platform, you are required to select: (i) a Digital Asset type; (ii) a Digital Asset quantity; and (iii) a minimum expected rate of Earning (in the form of an annualized percentage rate, or APR) that you wish to receive from the Digital Assets allocated into the Service. Alternatively, you may Subscribe using Auto-Earn (as described further in Section 4.4(g), below);
b. Once your Subscription is successful, OKX TR will attempt to match your order (and the Digital Assets referred to in such order) with allocation demand. Allocation demand comes from other services provided by OKX TR to its Users. In situations where liquidity in the Simple Earn Service has been reduced or there is insufficient liquidity in the Simple Earn Service to match allocation demand or market circumstances require, OKX TR may temporarily match allocation demand with Digital Assets other than those derived from Users’ Subscriptions;
c. If your order is successfully matched (in whole or in part) with allocation demand, you will start to receive Earnings from the Digital Assets that are matched. Not all Digital Assets within an order may be matched. It may be the case that no or only a part of the Digital Assets referred to in an order are matched. Any Digital Assets that are not matched will not earn Earnings. Your Digital Assets may all be matched to allocation demand from the same or multiple allocation orders, or not matched at all;
d. Any Digital Assets that are matched will receive Earnings at a variable rate, initially the rate specified in your order or at such market rate, if such rate is higher. If the market rate is lower than the rate specified in your order, your order will not be matched.
When the allocation pool is almost fully utilized or if market circumstances require, OKX TR may, at its discretion, adjust the market APR to a higher level (“Adjusted Market APR”). During this period:
If your Digital Assets were unmatched prior to adjustment, your Digital Assets may remain unmatched. Your Digital Assets may only be matched if your specified minimum allocation APR is lower than market APR prior to adjustment. Accordingly, even if your specified minimum APR is lower than the market APR shown on the OKX TR Platform, your Digital Assets may not be matched because an Adjusted Market APR is in effect.
If your specified minimum allocation APR is higher than the Adjusted Market APR, your Digital Assets may not be matched.
Any unmatched Digital Assets will not generate any Earning.
e. Earnings accrue and are distributed to your account hourly. No Earnings are generated for parts of an hour. If your order is matched on the T hour, the hourly Earning for the T hour shall accrue from T hour to T+1 hour and will be distributed after the T+1 hour;
f. “Flexible” term Subscriptions can be Redeemed at any time. Any orders Redeemed will not earn Earnings for the hour in which they are Redeemed.
g. As an alternative to inputting a manual order on the OKX TR Platform (described in Section 4.4(a), above), you may create a Subscription order to the Simple Earn Service (Flexible Term) by opting into a functionality whereby idle assets in a User’s allocation account are automatically used to create a Subscription order in the Simple Earn Service for a Flexible Term at the lowest available market APR, on the terms set out in this Section (“Auto-Earn”).
By default, Auto-Earn is not enabled in users’ accounts. In order to enable Auto-Earn, a User must opt-in on the OKX TR Platform.
Upon opting-in to Auto-Earn, all Digital Assets in a User’s allocation account which (i) are of a cryptocurrency which has not been transacted in (whether by way of deposit, withdrawal, transfer or trading of such cryptocurrency from the allocation account) for the preceding six hours; (ii) are supported by the Simple Earn Service (Flexible Term), (iii) exceed the minimum amount for Auto-Earn eligibility and do not exceed the maximum Auto-Earn Subscription amount in the Simple Earn Service (both as displayed on the OKX TR Platform from time to time), will automatically be used to create a Subscription order, provided that (iv) the lowest available market APR for the relevant cryptocurrency in the Simple Earn Service (Flexible Term) exceeds 1% and (v) the amount of liquidity in the Simple Earn Service derived from Auto-Earn does not exceed limits set by OKX TR at its sole discretion.
When attempting to match your order with allocation demand (as described in Section 4.4(b), above), Auto-Earn Subscription orders will be prioritized from smallest in size to largest in size, and then chronologically.
Auto-Earn Subscriptions are not created in real time upon a relevant Digital Asset meeting the above criteria. Instead, OKX TR scans all users’ allocation accounts for potential creation of Auto-Earn Subscriptions every four hours, at the following times: 3:30; 7:30; 11:30; 15:30; 19:30; 23:30 (all UTC +8).
Upon opting-out of Auto Earn, further Auto-Earn Subscriptions will no longer be created. Redemptions of any Digital Assets already deposited into the Simple Earn Service through Auto-Earn must be carried out manually, as described in Section 4.6, below.
4.5 Simple Earn Fixed Term
a. At the time of Subscription, you are required to select: (i) a Digital Asset type; (ii) a Digital Asset quantity and (iii) a period of time during which the Subscription will remain active (i.e., the fixed term). As at the time of writing, the only Digital Asset type that can be selected is USDT, and the only term that can be selected is 90 days. The APR upon which your Subscription is placed is shown to you on the Platform. The prevailing market APR is determined by OKX TR from time-to-time, taking into account various market factors. The APR remains fixed for the duration of the term;
b. Once your Subscription is successful, OKX TR will attempt to match your order (and the Digital Assets referred to in such order) with allocation demand. Allocation demand comes from other services provided by OKX TR to its users;
c. If your order is successfully matched (in whole or in part) with allocation demand, you will start to accrue Allocation Fees from the Digital Assets that are matched. Not all Digital Assets within an allocation order may be matched and drawn down upon. It may be the case that no or only a part of the Digital Assets referred to in an order are matched. Any Digital Assets that are not matched and drawn down upon will not earn Allocation Fees. Your Digital Assets may all be matched or not drawn down by allocation demand from the same or multiple allocation orders, or not matched or not drawn down upon at all. If your allocation order is matched to multiple allocation orders, the term for different parts of your allocation order may vary depending on the time at which each allocation order was drawn down upon;
d. Any Digital Assets that are matched and drawn down upon will earn Earnings at the APR shown at the time placing your order. If the market rate is lower than the rate specified in your order, your order will not be matched;
e. Earnings accrue daily and are distributed to your account at the end of the term. No Earnings are generated for parts of a day. If your order is matched on the T day, the daily Earning for the T day shall accrue from T day to T+1 day. In the event that there is an early termination of the allocation order under which your allocation order has been drawn down upon (in whole or in part) within 12 hours before the end of the original term, your Earnings will be limited to those earned until the end of the full hour in which the early termination was carried out and you will not earn any Earnings for the number of full hours left until the end of the original term;
f. “Fixed” term Subscriptions cannot be Redeemed for the full duration of the term (and any extended term, as described in Section 4.4(g), below)to the extent that your order has been matched and drawn down upon;
g. In the event that your assets are not repaid at maturity by the allocation order(s) with under which they are drawn down upon, the term may be extended for up to 14 days. For any such extension, you are entitled to extended Earnings for that extended period (“Extended Earnings”). Extended Allocation Fees are equivalent to the market APR for Simple Earn Flexible plus an additional APR, both shown on the Simple Earn product page , to be deducted from your account hourly, to be paid hourly. The amount of Extended Earnings is shown on the OKX TR Platform, to be accrued hourly and to be paid to you when the relevant allocation order is fully repaid.
4.6 Upon a Redemption command being input into the OKX TR Platform, the Redeemed Digital Asset may arrive in your account simultaneously or after a period of time, depending on a number of factors, including token type and market activity. You understand and acknowledge that between the time that the Redemption command is given and the time of actual release of Digital Assets in your account, you will not earn any Earnings on and you will not have any ability to access the Digital Assets being Redeemed. You understand and accept that the time taken for the Digital Assets to be released may vary, and that during this time, the price of your Digital Assets may fall. OKX TR is not responsible for any such loss. The arrival time shown on the OKX TR Platform is final. If market circumstances require, your Redemption will be delayed, at OKX TR’s sole and unfettered discretion. This includes situations where there is insufficient liquidity on the OKX TR Platform or in the Simple Earn Service, or there has been an unexpected reduction in such liquidity. In the event that Redemptions are delayed, they will be dealt with on a first-in first-out basis, such that earlier Redemptions will be satisfied in preference to later Redemptions, subject to OKX TR’s discretion to re-order Redemptions based on size or other market circumstances. You acknowledge and undertake the risk that any such delays in Redemption may result in a partial or total loss in the value of your Digital Assets. Partial Redemption of any orders that have not yet been drawn down upon in the Fixed Term version of the Service is not permitted.
4.7 OKX TR charges Users of the Flexible Term version of the Service (described in Section 4.4, above) a Service Fee for use of the Service. The amount of such Service Fee shall be published on the OKX TR Platform, and may be modified by OKX TR, from time to time. As at the time of these terms, that Service Fee is 15% of the Earnings generated by use of the Service. Such Service Fee is retained by OKX TR prior to delivery of Earning to you.
4.8 OKX TR reserves the right to introduce, impose, adjust or remove any Subscription and Redemption limits in its sole discretion, while you are using the Service. Master accounts and sub-accounts may share any limits.
5. Suspension / Cancellation / Termination
5.1 OKX TR may suspend, cancel or terminate the Service, or your use of the Service at any time at its sole discretion. The User Agreement set out the exemplary circumstances in which OKX TR may suspend, cancel or terminate the Service. Without prejudice to the generality of the foregoing, those exemplary circumstances may include situations where:
You do not provide additional information to verify your identity or source of assets as requested by OKX TR;
OKX TR is required to do so by court order, to comply with any Applicable Laws and Regulations;
OKX TR is required to do so to comply with any direction or instruction from a government body or agency;
OKX TR reasonably determines that any information you have provided to OKX TR is wrong, untruthful, outdated or incomplete; or
You do not provide additional information that we request to our reasonable satisfaction or in a timely manner.
6. Liabilities
6.1 The User Agreement set out situations in which you may incur losses or liabilities and OKX TR assumes no liability. Without prejudice to those terms, those situations include:
Inability to use the Service or make commands or perform trading operations due to failure, delay, interruption, lack of system response, delayed system response, lack or reduction of liquidity in the Service, or other abnormal circumstances;
Service suspension for maintenance;
Failure to transmit data;
Force majeure events or accidents, such as typhoon, earthquake, tsunami, flooding, plague, power outage, war, turmoil, government actions, terrorist attacks, pandemic, epidemic, or other such acts;
Service interruption or delay due to hacking, computer virus, technical adjustment or failure, website upgrade, banking issues, temporary closure due to government regulations or other such matters;
Losses due to technical problems that cannot be predicted or solved by existing technical forces;
Losses due to third parties;
Losses due to changes in any Applicable Laws and Regulations, or government, regulatory or law enforcement orders.
You agree and accept that the above or any other reasons may lead to abnormal transactions, abnormal market and price fluctuations, market interruptions and other possible abnormal circumstances.
6.2 OKX TR reserves the right and sole discretion to refuse to execute or cancel your commands.
6.3 You agree and accept that OKX TR shall not be liable for any losses caused by the risks described in this Agreement or the User Agreement (including but not limited to any direct or indirect losses, actual losses or possible loss of profits).
7. Technology Disclaimers
7.1 OKX TR may, from time to time, suspend access to your OKX TR accounts, the OKX TR Platform, the Service and/or any other OKX TR services, for both scheduled and emergency maintenance. OKX TR will make reasonable efforts to ensure that transactions on the OKX TR Platform are processed in a timely manner, but OKX TR makes no representations or warranties regarding the amount of time needed to complete any such maintenance.
7.2 Although OKX TR makes reasonable efforts to update the information on the OKX TR Platform, OKX TR makes no representations, warranties, or guarantees, whether express or implied, that the content on the OKX TR Platform, including information in relation to the Services and any other OKX TR Services, is accurate, complete, or up to date.
7.3 You are responsible for obtaining the data network access necessary to use the Services or any other OKX TR Services. You are responsible for acquiring and updating compatible hardware or devices necessary to use the Service, any OKX TR Services, the OKX TR Platform, and any updates thereto. OKX TR does not guarantee that any of the OKX TR Services, or any portion thereof, will function on any particular hardware or devices. OKX TR Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
7.4 Despite our efforts to ensure the security of your data and transactions, the risk of unauthorized access, hacking, data loss, or other breaches cannot be completely eliminated. You acknowledge that you bear the risk of any unauthorized access to your account information and any loss of Digital Assets resulting from such security breaches.
7.5 You shall comply with applicable data protection laws with respect to any personal data processed in the context of this Agreement. In case any real person whose personal data is processed within the scope of this Agreement, directly contacts you, you will be liable to immediately inform OKX TR and will show all efforts to take action in relation to access, correction or any other requests under Turkish Data Protection Law No. 6698 to the extent that OKX TR is the data controller of such personal data. You agree, declare and undertake that the personal data to be disclosed to OKX TR is disclosed in accordance with the rules set out in Turkish Data Protection Law No. 6698 and secondary legislation, that you have fulfilled the obligation to inform the data subjects, obtained explicit consents of the data subject to the extent necessary and fulfilled all other obligations arising from the applicable legislation in a complete manner. OKX TR may request documentary proof from you regarding the fulfillment of the obligations set out hereunder.
7.6 The Parties agree and undertake towards each other and in full to fulfill their legal, administrative and technical obligations under Turkish Data Protection Law No. 6698 and the applicable secondary regulations, in relation to this Agreement and performance of this Agreement, and also avoid actions that would hinder the other Party to fulfill its obligations under the mentioned legislation. The Parties will not disclose any personal data shared within the scope of the Agreement to any third party contrary to Turkish Data Protection Law No. 6698 and the applicable secondary legislation and or use such data with purposes other than the purposes in accordance with the performance of this Agreement.
7.7 The field of digital assets is rapidly evolving, and changes in technology may require adjustments to the Services or how you interact with the OKX TR Platform. OKX TR reserves the right to modify the technology used, the features provided, or the Service requirements based on technological advancements or regulatory changes without prior notice.
8. Mandatory Measures
You agree and accept that OKX TR strictly prohibits unfair trading practices. OKX TR reserves the right to exercise control over your account, restrict, suspend or shut down your account in its sole discretion if you engage in any of the following conduct:
Market manipulation, price manipulation, insider dealing, market distortion, or any other malicious wrongdoing or behaviour;
Participation in any activities that OKX TR regards as harmful to the market;
Violation of any Applicable Laws and Regulation.
In order to eliminate any adverse effects on the overall market, OKX TR reserves the right and sole discretion to suspend or terminate your account, use of the Service, or refuse to execute or cancel your commands. OKX TR shall not be liable for any losses (including but not limited to any direct or indirect losses, actual losses or losses of possible profits) incurred in connection with the above measures.
9. Indemnification
9.1 You shall take every possible measure to protect OKX TR from any damages arising out of your use of the Service or other actions related to your OKX TR account.
9.2 You agree to indemnify, hold harmless and promptly defend OKX TR and OKX TR’s affiliates and associates (including our and their respective agents (if any) and the shareholders, directors, officers and employees of OKX TR and OKX TR’s affiliates and associates) (each an “Indemnified Party”) from and against any and all losses arising from or in connection with any claims, losses, liabilities, damages, judgments, penalties, fines, costs and expenses of whatever kind (including professional fees and reasonable attorney’s fees) which may be suffered or incurred by any of the Indemnified Party arising out of or related to your use of the Service or other circumstances set out in the User Agreement.
10. Miscellaneous
10.1 The contents of this Agreement also include OKX TR's various system specifications, guidance notes, product documents, or other relevant documents that OKX TR may issue from time to time. Upon release, such content becomes an integral part of this Agreement, and you should also abide by it. In the event of any conflict between the above content and this Agreement, this Agreement shall prevail.
10.2 OKX TR reserves the right to unilaterally modify this Agreement or any terms applicable to the use of the Service in its sole discretion. Such modification could happen at any time, including while you are using the Service. If any changes are made, the revised contents shall be posted on OKX TR's website promptly. Please check the latest information posted therein to inform yourself of any changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes. If you do not accept the revised content, you should stop using the Services.
10.3 You should carefully read this Agreement, and any document referred to in Sections 10.1 and 10.2 of this Agreement that constitute the contents of this Agreement, in conjunction with the User Agreement. In the event of any discrepancy between the Turkish version of this Agreement and any translated version, the Turkish version of this Agreement shall prevail.
10.4 If any provisions of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired in any way. However, if any provision of this Agreement shall be invalid, illegal or unenforceable under any such applicable law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be invalid, illegal or unenforceable only to the extent of such invalidity, illegality or limitation on enforceability without affecting the remaining provisions of this Agreement, or the validity, legality or enforceability of such provision in any other jurisdiction.
10.5 The failure or delay of OKX TR’s enforcement of any right or provision of this Agreement will not be deemed a waiver of such right or provision.
10.6 This Agreement, your use of the Services, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of this Agreement, directly or indirectly, shall be governed by, and construed in accordance with the laws of the Republic of Türkiye without regard to the principles of conflicts of laws thereof.
10.7 Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by İstanbul Central (Çağlayan) Courts and Execution Offices.
10.8 You shall not transfer, novate or assign this Agreement, and the rights and obligations hereunder, in whole or in part, without the prior written consent of OKX TR.
10.9 The headings of all the terms of this Agreement are for convenience only and have no actual meaning and cannot be used as a basis for interpretation of the meaning of this Agreement.