Terms of Service TR

Published on Dec 27, 2023Updated on May 9, 202470 min read

Last updated: 18.02.2024

Retail User Agreement

1. PARTIES

This User Agreement, together with any annexes, (“Agreement”) is electronically entered into by and between OKX Teknoloji Anonim Şirketi (“OKX TR”) and the user (“User”) (hereinafter individually referred to as “Party” and together as “Parties”) to govern the User’s access to and use of the Services provided on the Platform.

With the signature of this Agreement, you acknowledge that you have read and understood our policies in the Platform, including but not limited to the Clarification Text on Personal Data Processing, Privacy Policy, Cookie Policy, Risk Disclosure Form, Information Notice on Sending Electronic Messages, Data Subject Application Form, and other policies and notifications (collectively be referred to as “Policies”) that may be amended from time to time on our Platform. These Policies are an integral and inseparable part of this Agreement. Violation of the principles stated in these Policies is equivalent to a violation of this Agreement.

2. DEFINITIONS

The singular words defined include the plural and vice versa.

Indirect Damages Means any loss related in any way to special, indirect, incidental, exemplary, punitive, multiple or consequential Damages including loss of business or opportunity, customers or contracts, loss of overheads, management or staff time, loss of anticipated profits or revenue or other financial benefit, loss of use of hardware or software, damage of data or information or corruption of data (including Damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data), or Damage from business disruption, loss of reputation or goodwill, regardless of the User has been warned of the possibility of the elimination and disposal of the relevant Damage or whether it is based on contract, tort, strict liability or any other legal theory.
Services The services provided on the Platform by OKX TR, or by third-party service providers authorized by OKX TR, with the aim of enabling the User to carry out transactions subject to this Agreement, encompassing all applications, software, APIs (application programming interfaces), technologies, products, and/or functionalities.
Crypto Asset Refers to types of digital (virtual) assets based on distributed ledger technology, blockchain technology and cryptography that are decentralized and not controlled by an entity or bank, characterized as fiat money, dematerialized money or electronic money.
Crypto Wallet Refers to a computer file containing the Crypto Asset addresses and their passwords, which is under the sole responsibility and control of the User.
Platform Refers to the website and/or the relevant mobile application where Services are offered by OKX TR.
Order Refers to the buy or sell orders instructed by Users for crypto assets within the framework of the rules set by OKX TR.
TR Refers to Türkiye.
Damages Refers to any claim, demand, action, proceeding, liability, expense (including legal and professional expenses), cost, charge, injury, damages, fine, penalty or diminution of value.

3. PREAMBLE

3.1. By registering on the Platform, and/or accessing or using the Services, the User agrees that they have read, understood and accepted the terms set forth in this Agreement, and furthermore acknowledge and assume the risks regarding Crypto Asset transactions. Please refer to our Risk Disclosure Statement uploaded to the Platform for detailed information.

3.2. OKX TR reserves the right to change or amend the terms and conditions contained in this Agreement and Policies at any time and in its sole discretion. OKX TR will notify the User of the relevant changes to the Agreement and the relevant Policy by publishing the latest version of the Agreement on the Platform, and/or by sending an email to the Users, and/or by any means it determines, entirely at its own discretion. Such changes to the Agreement and/or the Policies will be effective at the time of such notification to the User. Please regularly check this page to be aware of any updates or changes to this Agreement and the Policies uploaded to the Platform and their last modification dates.

3.3. The User waives the right to be notified of OKX TR’s unilateral changes and amendments by means other than those determined by OKX TR. The User’s continued use of the Platform and benefit from the Services shall act as acceptance of such changes or amendments.

3.4. Unless otherwise stated, all formal communication with the User shall be conducted via e-mail to the email address of the User registered at the Platform. The User acknowledges and agrees that emails sent to the registered e-mail address on their account shall serve as written notification.

3.5. The User acknowledges and agrees that this Agreement constitutes the sole contract between themselves and OKX TR regarding the Services, and supersedes all previous agreements made in relation to the provision of the Services.

4. GENERAL PROVISIONS

4.1. Nature of OKX TR

4.1.1. OKX TR is a Crypto Asset spot trading platform. OKX TR solely acts as an intermediary for the spot purchase or sale of Crypto Assets on the Platform following the User’s decision to engage in a transaction after examining the features of the Crypto Assets. OKX TR does not participate as a party in any transactions, nor does it provide any service that could be construed as an advisory activity to the User in these transactions.

4.1.2. OKX TR does not provide Services, via the Crypto Wallet or any other means, for the custody and maintenance of Crypto Assets as part of the Services offered to Users on the Platform. The Crypto Assets within the Platform are held by services obtained from third-party service providers.

Accordingly, the User is required to transfer their Crypto Assets, acquired through OKX TR, from their user account at OKX TR to their own Crypto Wallets in order to transfer the ownership of the Crypto Assets.

In this context, the User acknowledges that they have been informed that Crypto Assets being held at the Platform are retained in line with the service provided by external service providers; and that OKX TR is not responsible for the Damages incurred by the User due to the incapacity, bankruptcy, etc. of these external service providers. Accordingly, the User fully accepts responsibility for the storage, safekeeping, and transfer to its own Crypto Wallet leading to the transfer of ownership, of the Crypto Assets acquired through OKX TR.

4.1.3. OKX TR does not guarantee that the User will generate revenue from the transactions performed on the Platform.

4.1.4. By using the Services offered by OKX TR, irrespective of whether they are converted into investments or not, the User acknowledges, declares, and agrees that they have no right to any form of interest or similar additional returns for any Crypto Asset or fiat currency they own or can trade on the Platform. OKX TR, accordingly, notifies the User via this clause that OKX TR is not obligated or committed to operate the fiat currency or Crypto Asset type owned by the User or generate interest on their behalf on the Platform.

4.1.5. Unless otherwise stated in this Agreement and excluding content and applications provided by third parties, OKX TR owns all rights to use the services, domain names, software codes, interfaces, contents, product reviews, videos, algorithms, drawings, models, designs and all other intellectual property rights connected to the Platform. No permission is granted under any circumstances for the copying, reproduction, distribution of the Services and related pages, nor for subjecting them to reverse engineering processes.

4.2. Account

4.2.1. Account Registration

4.2.1.1 Each User may register only one account on the Platform by completing the membership form.

4.2.1.2. In the event that the User owns more than one account, OKX TR reserves the right to take any necessary and appropriate measures that it deems appropriate with respect to the User’s account, which may include blocking transactions and disabling the User’s account. OKX TR shall have no obligation to notify the User of the measures to be applied or those that have been applied.

4.2.1.3. The User is responsible for ensuring that the information provided during registration on the Platform is complete, accurate, up-to-date, and not misleading. OKX TR relies on these statements provided by the User in all transactions related to the User. In addition, after the registration process, the User is responsible for providing and verifying/proving the information and documents requested by OKX TR to ensure the currency of User data or to perform certain transaction types. Otherwise, OKX TR reserves the right to take any necessary and appropriate measures it deems suitable with respect to the User’s account.

4.2.1.4. In the event that the information declared by the User changes, the User shall inform OKX TR as soon as possible and update such information. OKX TR is not responsible for any loss or Damage arising from the failure to fulfill this obligation.

4.2.1.5. OKX TR, at its sole discretion, may refuse to open an account for the User.

4.2.2. Terms Related to Account Use

4.2.2.1. The User, under this Agreement, may use the Services provided and to be provided on the Platform by OKX TR for only as long as their membership continues.

4.2.2.2. The rights granted to the User under this Agreement are limited, non-exclusive, and non-transferable. For the avoidance of doubt, the rights arising from the Agreement cannot be transferred, sold, leased, or allowed to be used by any third party in any way. Otherwise, OKX TR reserves the right to take any necessary and appropriate measures it deems suitable with respect to the User’s account.

4.2.2.3. The User represents and undertakes that they are the ultimate, legal, and actual owner of their account and Crypto Wallet and that, all fiat and Crypto Assets used on the Platform are derived from legitimately obtained income, are acting solely on their own behalf and not on behalf of any third party while using OKX TR’s Platform or Services, and that, they shall not transfer their account, obligations, and rights to third parties, and shall not sell them, and shall not allow anyone else to use their account under any name or pretext. In such cases, OKX TR has the right to cancel, suspend, or freeze the User’s account. The User acknowledges and agrees that OKX TR will bear no legal/criminal liability in relation to unauthorized, erroneous transactions, unfair or unlawful use by third parties or similar transactions in relation to the User’s account.

4.2.2.4. The User shall use the Services provided by OKX TR (including but not limited to performing transactions on the Platform) only for lawful purposes and in accordance with our Policies which are defined under this Agreement. In the event that the Platform or any Services are used by the User for illegal purposes or if a suspicious transaction is detected, OKX TR shall have the right to cancel the transaction made by the User, postpone its execution, revert it, immediately terminate the Agreement, freeze or suspend the User’s account, or take other appropriate security measures. The User shall bear all legal and criminal liability arising from the use of the account and the Services for illegal purposes.

4.2.2.5. The User is responsible for protecting their account username and password. The User agrees that if they share their username and password with others, the User shall be personally liable for any Damage and loss that may occur, and any operation performed on the Platform through the account accessed using their username and password will be deemed to have come from the User. At this point, the User is obliged to immediately report any suspicious transactions or unauthorized access to their account to OKX TR.

4.3. User

4.3.1. User Qualities

4.3.1.1. Without prejudice to our policies regarding institutional customers, OKX TR only accepts or intends to accept as Users, real persons from Turkey. By creating a user account on the Platforms, the User declares and undertakes that they reside in Turkey. Otherwise, OKX TR reserves the right to take any necessary and appropriate measures it deems suitable with respect to the User’s account.

4.3.1.2. The User represents and undertakes that they are at least 18 years of age (or if the legally required age in the User’s country of residence is higher, at least that age); that their use of the Services has not previously been suspended or prohibited; that they have all rights and authorities necessary to enter into this Agreement; that by entering into this Agreement, they are not violating any other agreements; and that their use of the Services are not restricted under any law and/or legislation. Otherwise, OKX TR reserves the right to take any necessary and appropriate measures it deems suitable with respect to the User’s account.

4.3.2. User’s Rights and Obligations

4.3.2.1. The User shall make informed decisions regarding their transactions by examining the qualities, type and features of the Crypto Assets to be traded. The obligation to conduct detailed research in this regard resides solely with the User themselves. The User furthermore accepts that none of the Services in this Agreement or any content on the Platform can be construed as investment advice.

4.3.2.2. The User represents and undertakes that they are aware of and assume all legal responsibilities, including but not limited to tax liabilities, risks arising from the economic activities conducted with Crypto Assets on the Platform, and that they cannot hold OKX TR responsible for these responsibilities.

4.3.2.3. The User is legally and criminally responsible for all transactions and actions they perform on the Platform and accepts that OKX TR does not have any legal or criminal responsibility for such undertaken activities on the User’s account.

4.3.2.4. The User is responsible for the transfer of Crypto Assets transferred on the Platform by the User to a Crypto Wallet. The User is also obligated to implement security measures for each Crypto Wallet. All transaction instructions executed by the User are presumed to be error-free, conducted knowingly, and are considered to be transaction Orders made by the User themselves and the User assumes full responsibility for these transactions.

4.3.2.5. The User acknowledges that Orders given by the User will only be executed if there is demand within market conditions. The User acknowledges that Orders may not always result in transactions. The User accepts that OKX TR bears no responsibility in ensuring the conversion of orders into transactions.

4.3.2.6. The User can only send Turkish Lira to their account on the Platform via accounts in Turkish banks that are exclusively opened in their name. Funds sent by the User in violation of the procedure specified in the Agreement, as well as funds sent by third parties or funds with an unidentified sender, shall not be credited to the User’s membership account by OKX TR and shall be returned.

4.3.2.7. Funds to be paid to the User by OKX TR shall be sent exclusively to accounts opened in the User’s name in Turkish banks, in accordance with the rules set by OKX TR. Funds payable to the User shall be sent to the registered bank account no later than seven (7) business days following the transaction date, excluding cases of force majeure and/or reasons which are beyond the control and/or not attributable to the fault of OKX TR (such as technical problems arising from bank systems). Notwithstanding the foregoing, OKX TR reserves the right to delay the transfer of the said amount for a period it deems appropriate in the event of special circumstances. Therefore, the User has no right to claim any interest, income, compensation or any other demands due to a delayed transfer from OKX TR.

4.4. Rights and Obligations of OKX TR

4.4.1. Despite the measures taken by OKX TR, OKX TR is not responsible for any attacks, including but not limited to theft, fraud and cyber attacks, that may occur against the User’s Crypto Assets and/or Damages that may arise due to use of Crypto Wallet.

4.4.2. OKX TR exclusively reserves the right to determine the types of Crypto Assets that it mediates the trading of on the Platform. It may remove listed types of Crypto Assets from time to time or add other types of Crypto Assets at its sole discretion.

4.4.3. OKX TR shall fulfill the Orders given by the User in relation to the Services under this Agreement within a reasonable time and in accordance with the rules of the Platform. However, OKX TR shall not be liable for any Damages arising from the failure to execute the Orders within a reasonable time due to causes beyond OKX TR’s control.

4.4.4. The User acknowledges and confirms that OKX TR provides the Services according to their current technological capacity and other conditions. OKX TR makes every effort to ensure the continuity and security of the Services; however, it cannot completely foresee and mitigate legal, technological, and other risks, including but not limited to force majeure, virus, hacker attack, system instability, flaws in third-party services including banks’ services, acts of government or government agencies, that may result in service interruption, data loss, and other Damages and risks. In this context, the User agrees, declares, and commits that they will not hold OKX TR responsible for any Damages (including Indirect Damages) arising from short-term or long-term technical malfunctions and will not make any claims against OKX TR.

4.4.5. OKX TR may cancel or reverse transactions in certain situations, including but not limited to, situations where transactions occur at unrealistic prices due to technical errors, in order to correct the system and ensure its proper functioning. During the cancellation and reversal process, these User accounts may be frozen, and if any payment to User has been made, a refund of the full payment may be requested. If not refunded, OKX TR reserves the right to resort to all legal remedies under this Agreement. OKX TR shall not be held responsible for such transactions and no claims shall be made against OKX TR.

4.4.6. OKX TR may perform periodic maintenance and updates at times it deems appropriate for the proper functioning of the Platform. The User shall not claim any Damage due to transactions and Orders that could not be executed during this time period.

4.4.7. OKX TR has the right to charge the User a commission (“Service Fee”) at a rate determined by OKX TR for buying, selling and Turkish Lira withdrawal transactions, and to periodically amend these fees and rates from time to time. The relevant Service Fees may be displayed on the Platform. The User agrees that they are not entitled to refund of any Service Fees or any transaction fees collected by OKX TR. By accepting and confirming this Agreement, the User shall be deemed to have accepted the payment of this Service Fee.

4.4.8. Any use, consumption, or purchases of services, products, or content made through the Platform cannot be canceled or refunded. Consequently, the Service Fee and/or transaction fees charged by OKX TR are also non-refundable. The User declares and commits in advance to accept the provisions of this article by approving this Agreement. The User acknowledges and commits to not holding OKX TR responsible for any transactions they believe to be erroneous.

4.4.9. OKX TR shall not be held liable for any loss or damage caused by the misuse of the Services.

4.4.10. OKX TR may refuse to execute the User’s Orders and/or cancel the transaction at its sole discretion.

4.4.11. Any type of administrative or judicial decisions such as seizures, precautionary seizures, precautionary measures and the like, received by OKX TR concerning the User, are implemented as necessary within the framework of the relevant legislation. Furthermore, at its sole discretion and on a voluntary basis, OKX TR has the right to respond to any type of administrative or judicial decisions such as seizures, precautionary seizures, precautionary measures, freeze orders and the like sent to OKX TR only via e-mail, without receiving an official request from official institutions residing abroad through proper diplomatic channels in accordance with the rules of international judicial assistance, and to take action in the User account according to this request.

4.4.12. The User acknowledges that Crypto Assets and the functionality of the Platform are dependent on the internet and other technology (including various communication methods and mediums). However, the public nature of the internet means that parts or the entire internet may be unreliable or unavailable at any given time. Furthermore, interruption, delay, corruption or loss of data, the loss of confidentiality or privacy through the course of data transmission, or malware transmission may occur when transmitting data via the internet and/or other technology. In light of the aforementioned, the User acknowledges, declares, and commits that they are aware that their transactions may not be executed according to their Instruction at the requested time, or may not be executed at all, and they accept this situation; and that shall not hold OKX TR responsible for any short-term or long-term technical malfunctions nor Damages (including Indirect Damages) that may occur in that respect.

5. LIMITATION OF LIABILITY AND NON-LIABILITY CLAUSE

5.1. Risks

5.1.1. As detailed in the Risk Disclosure Form, investing in Crypto Assets is an economically risky activity. The User acknowledges that they are aware of the risks associated with investing in Crypto Assets, and expressly and irrevocably declares, accepts, and commits that they assume the risks arising from investing in Crypto Assets related to the activities covered by this Agreement, as well as those reminded here and in the Risk Disclosure Form, and will not hold OKX TR responsible for any damages that may arise from these risks (including cryptocurrency price fluctuations).

5.1.2. The Users will determine their decision to purchase the characteristics, type, etc. of the cryptocurrency/asset they will invest in by conducting their own examination. The obligation to conduct detailed research on this matter belongs to the User alone. OKX TR has no responsibility or commitment in this regard.

5.2. Content Not Provided by OKX TR

5.2.1. All content presented on the Platform by OKX TR is composed of data collected from third parties and publicly available sources. All data, analyses, reports, statistics are processed by software that automatically processes information without any manipulation or direction and are presented objectively. Any news and reports provided by OKX TR are intended solely for information purposes, and they do not possess characteristics of direct solutions, conclusions, legal opinions, or political and sociological research. Their absolute accuracy is not guaranteed. Data may be contradictory or inconsistent. In such cases, OKX TR assumes no responsibility.

5.2.2. OKX TR does not provide any warranties of fitness for trade, performance, marketability, suitability for a particular purpose, or suitability for any purpose whatsoever, whether explicit or implied, in relation to the results that may be obtained by any person or entity through the use of the content provided by OKX TR. All content is provided to the User “as is.” OKX TR shall not be held liable for any Damage(s) including Indirect Damage(s) resulting from the use of the content. Any references made to individuals, organizations, companies, or brands in the content provided by OKX TR are not intended to influence their market value, rankings based on various criteria, or brand value, nor do they constitute advice on the purchase, sale, or holding of stocks.

5.3. Limitation of Liability

5.3.1. OKX TR shall not be liable for any loss or Damage arising from transactions made by Users on the Platform.

5.3.2. In no event shall OKX TR be liable to User for any Indirect Damages.

5.3.3. In any event, the User irrevocably accepts and declares that OKX TR’s total liability to the User is limited to the total fees paid by the User to OKX TR for the Services received by the User in the preceding twelve (12) months’ period in relation to the breach of OKX TR's obligations under this Agreement, in respect of the Damage(s) arising from the User's individual or multiple claims and proven by a finalized court decision.

6. PRIVACY POLICY

6.1. If this Agreement is accepted and approved by the User, the rights and obligations arising from the Law on Protection of Personal Data No. 6698 (the “Privacy Law”) will be deemed mutually accepted by OKX TR and the User, and they undertake to act in accordance with the provisions of the Privacy Law.

6.2. OKX TR will process and transfer the User's personal data to third parties in accordance with the processing purposes specified in the Clarification Text on Personal Data Processing.

6.3. OKX TR may collaborate with various third-party institutions and organizations in various ways to make its Services more effective. Collaboration may include advertising, sponsorship, permission-based marketing, data sharing, and other legal commercial methods. OKX TR shall engage in permitted communication/marketing activities in accordance with applicable laws, shall not disclose User’s personal information without the User's consent, and shall provide Users with tools to easily and freely opt out of the use and disclosure of their personal information.

6.4. OKX TR may provide links to other websites within the Platform. It may publish advertisements of affiliated third parties and/or application forms for various services, directing users to the websites of advertisers or affiliated third parties through these forms and advertisements. The accuracy of the information given on the aforementioned sites and the quality of the other links provided from these sites have not been investigated and verified by OKX TR. OKX TR assumes no responsibility for the privacy practices and policies or the content contained on the other sites accessed through these links.

6.5. However, OKX TR may disclose user information to third parties in the following cases:

6.5.1. In cases where compliance with written legal rules brought by authorized legal authorities, such as laws, decrees with the force of law, regulations, etc., is necessary;
6.5.2. In cases related to the fulfillment of the obligations under the agreements between OKX TR and the User, and the implementation thereof;
6.5.3. In cases where information about the User is requested in accordance with the procedural method by competent administrative and/or judicial authorities in the course of an investigation or inquiry;
6.5.4. In cases where it is necessary to provide information to protect the rights or safety of the User.

6.6. OKX TR undertakes to keep the confidential information it is provided strictly private and confidential, to treat it as a secret, and to take all necessary measures and exercise due diligence to ensure and maintain the confidentiality, prevent the confidential information from entering the public domain or being disclosed to unauthorized users or third parties, as stated in this provision.

7. FORCE MAJEURE

7.1. Force majeure under this Agreement shall be interpreted as events beyond the reasonable control of the relevant party, including but not limited to natural disasters, riots, epidemics, pandemics, war, strikes, lockouts, failures arising from telecommunication infrastructure, nationwide or regional internet outages, power outages, and bad weather conditions.

7.2. The obligations of the Parties shall be suspended during force majeure.

7.3. No Party shall be liable for any Damages arising from the failure or delay in the performance of the obligations arising from this Agreement due to "force majeure".

8. TERMINATION OF THE CONTRACT AND NULLITY

8.1. OKX TR is authorized to unilaterally close the User account and terminate this Agreement immediately without any compensation, either through assessments conducted within the scope of its own policies or due to MASAK regulations, without making any prior notifications.

8.2. In the event of termination of this Agreement or termination upon the User's request, User shall withdraw all Crypto Assets or funds from User’s account before the closure of their account. However, if the User fails to withdraw its Crypto Assets or fund and there are still Crypto Assets in the relevant account on the termination date of this Agreement, within seven (7) business days from account closure, unless otherwise is requested by the User in writing, such assets shall then be converted into Turkish Lira at the conversion rate at the time of refund by OKX TR, and sent to one of the registered Bank accounts belonging to the User, along with any other Turkish Lira balance, if any.

8.3. In the event of termination of the Agreement, the rights of the User obtained and to be obtained from all reward systems, applications and campaigns shall terminate. The User cannot claim any right in this regard after the termination of this Agreement.

8.4. In the event that one or more of the provisions of this User Agreement becomes invalid, illegal or unenforceable in any way, the validity, legality or enforceability of the other provisions shall not be affected in any way.

9. APPLICABLE LAW

9.1. This Agreement is governed by the laws of the Republic of Türkiye.

9.2. Istanbul (Çağlayan) Courts and enforcement offices shall have authority to settle all disputes arising out of or in connection with this Agreement.

10. INDEMNIFICATION

10.1. User agrees 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 Damages arising from or in connection with any third-party claims, losses, liabilities, damages, judgments, penalties, fines, costs and expenses of whatever kind (including professional fees, court expenses and reasonable attorney’s fees) which may be suffered or incurred by any of the Indemnified Party arising out of or related to:

10.1.1. User’s use of or conduct in connection with User account or the Services;
10.1.2. User’s failure to perform any of User’s obligations under these Terms;
10.1.3. a breach by User and/or OKX TR’s enforcement of this Agreement connected to the breach;
10.1.4. User’s violation of any Applicable Laws and Regulations;
10.1.5. User’s violation of the rights of any third party;
10.1.6. any third party claim related to User’s use of the Service(s);
10.1.7. any false, inaccurate, misleading or deceptive information provided by you to OKX TR in the course of OKX TR providing User with the Services under this Agreement;
10.1.8. any investigation, claim, suit, action or other proceeding against us relating to or arising out of User’s use of the Service(s) by a governmental authority or regulatory or self-regulatory agency or organization in any applicable jurisdiction(s); or
10.1.9. any breach by the User of any of the representations, warranties and undertakings made by the User to us under this Agreement.

10.2. If User is obligated to indemnify OKX TR pursuant to this Clause 10, OKX TR will have the right, in its sole discretion, to control any action or proceeding and/or to determine whether it wishes to settle and, if so, on what terms.

11. MISCELLANEOUS PROVISIONS

11.1. OKX TR is a platform offered by OKX Teknoloji Anonim Şirketi located at the address below and it is not a representative, branch or contact office of any other company in TR.

Trade Name: OKX Teknoloji Anonim Şirketi
Address: Esentepe Mah . Büyükdere Cad. Ferko Signature Blok No: 175 İç Kapı No: 12 Şişli/Istanbul
Trade Registry No: 457610-5
Mersis No: 0638-0685-9810-000
Website: https://tr.okx.com
KEP Address: okxteknoloji@hs01.kep.tr.

12. CLOSURE OF THE ACCOUNTS

12.1. The User may request the complete closure of their account at any time without providing any specific reason. This request can only be submitted through destek@turkiye.okx.com via a selfie prepared with identification and a signature. Upon receipt of this request from the User, the account will be closed within 30 days from the date the request is received.

12.2. In accordance with legal regulations, the account transaction details and data of the User whose account has been closed will continue to be stored by OKX TR for the periods prescribed by law.

13. ENTRY INTO FORCE OF THE AGREEMENT

13.1. This User Agreement came into effect from the moment it was confirmed electronically by the User after reading and fully understanding all its articles. For the avoidance of doubt, the User's ability to use the Services on the Platform is contingent upon the successful completion of the Know Your Customer (KYC) process.

13.2. The User acknowledges and verifies accepts, declares and undertakes that they have read the entire Agreement, including as well as the Clarification Text on Personal Data Processing, Privacy Policy, Cookie Policy, Risk Disclosure Form and Information Notice on Sending Electronic Messages, Law Enforcement Request Guide, and Data Subject Application Form, understand the entire content, and approve all its provisions.

13.3. Users who do not accept the terms of this User Agreement should not use the Platforms and the Services provided through the Platforms. Otherwise, OKX TR cannot be held responsible for any incurred or future Damages (including Indirect Damages).

13.4. When using the products and services offered on the Platform by OKX TR, it is necessary to act on your own behalf, and Users are not allowed to transact on behalf of others through the Platform. In this context, the User declares that, in accordance with the relevant laws and regulations published by the official authorities of the Republic of Turkey including the MASAK, they only conduct transactions on the Platform from their own account and in their own name, that they do not and will not transact on behalf of others, and that in the event of acting on behalf of another person in accordance with Article 15 of Law No. 5549, they are obliged to inform OKX TR in writing about whose account they are transacting on and the identity/legal entity information of that person/organization; they acknowledge that failure to do so, and transacting on behalf of another account without notification, may result in imprisonment for a period ranging from 6 months to 1 year or a judicial fine of up to 5000 days; in addition, they acknowledge that OKX TR has the authority to close the account on the Platform and terminate the User Agreement immediately without compensation.

13.5. This Agreement was served to the User before the User became a member of the Platform; and its copy can always be accessed through https://tr.okx.com address and/or Platform.

Attachments:

Annex 1 – Risk Disclosure Form

Annex 2 – Clarification Text on Personal Data Processing

Annex 3 – Explicit Consent

Annex 4 – Privacy Policy

Annex 5 - Information Notice on Sending Commercial Electronic Messages and Consent

Annex 6- Cookie Policy

Annex 7- Data Subject Application Form

Institutional User Agreement

1. PARTIES

This User Agreement, together with any annexes (“Agreement”), has been executed between OKX Teknoloji Anonim Şirketi (“OKX TR,” “we”), registered at the Istanbul Trade Registry with the registration number 457610-5 (MERSIS No: 0638-0685-9810-000), located at Esentepe Mah. Büyükdere Cad. Ferko Signature Blok No:175/12 Şişli, Istanbul, and user (“User,” “you”). This Agreement is entered into between the parties (hereinafter individually referred to as “Party” and collectively as “Parties”) to govern the User’s access to and use of the Services provided on the Platform (as defined below).

With the signature of this Agreement, you acknowledge that you have read and understood our policies in the Platform, including but not limited to the Clarification Text on Personal Data Processing, Privacy Policy, Cookie Policy, Risk Disclosure Form, Information Notice on Sending Electronic Messages, OFAC Sanctions Survey, Authorization Form and Declaration of Acting on One's Own Behalf and other policies and notifications (collectively be referred to as “Policies”) that may be amended from time to time on our Platform. These Policies are an integral and inseparable part of this Agreement. Violation of the principles stated in these Policies is equivalent to a violation of this Agreement.

2. DEFINITIONS

The singular words defined include the plural and vice versa.

Indirect Damages Means any loss related in any way to special, indirect, incidental, exemplary, punitive, multiple or consequential Damages including loss of business or opportunity, customers or contracts, loss of overheads, management or staff time, loss of anticipated profits or revenue or other financial benefit, loss of use of hardware or software, damage of data or information or corruption of data (including Damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data), or Damage from business disruption, loss of reputation or goodwill, regardless of the User has been warned of the possibility of the elimination and disposal of the relevant Damage or whether it is based on contract, tort, strict liability or any other legal theory.
Services The services provided on the Platform by OKX TR, or by third-party service providers authorized by OKX TR, with the aim of enabling the User to carry out transactions subject to this Agreement, encompassing all applications, software, APIs (application programming interfaces), technologies, products, and/or functionalities.
Crypto Asset Refers to types of digital (virtual) assets based on distributed ledger technology, blockchain technology and cryptography that are decentralized and not controlled by an entity or bank, characterized as fiat money, dematerialized money or electronic money.
Crypto Wallet Refers to a computer file containing the Crypto Asset addresses and their passwords, which is under the sole responsibility and control of the User.
Platform Refers to the website and/or the relevant mobile application where Services are offered by OKX TR.
Order Refers to the buy or sell orders instructed by Users for crypto assets within the framework of the rules set by OKX TR.
TR Refers to Türkiye.
Damages Refers to any claim, demand, action, proceeding, liability, expense (including legal and professional expenses), cost, charge, injury, damages, fine, penalty or diminution of value.

3. PREAMBLE

3.1. By registering on the Platform, and/or accessing or using the Services, the User agrees that they have read, understood and accepted the terms set forth in this Agreement, and furthermore acknowledge and assume the risks regarding Crypto Asset transactions. Please refer to our Risk Disclosure Statement uploaded to the Platform for detailed information.

3.2. OKX TR reserves the right to change or amend the terms and conditions of the Policies and of the Agreement and Policies at any time and in its sole discretion. OKX TR will notify the User of the relevant changes to the Agreement and the relevant Policy, whenever applicable, by publishing the latest version of the Agreement on the Platform, and/or by sending an email to the Users, and/or by any means it determines, entirely at its own discretion. Such changes to the Agreement and/or the Policies will be effective at the time of such notification to the User. Please regularly check this page to be aware of any updates or changes to this Agreement and the Policies uploaded to the Platform and their last modification dates.

3.3. The User waives the right to be notified of OKX TR’s unilateral changes and amendments by means other than those determined by OKX TR. User’s continued use of the Platform and benefit from the Services shall act as acceptance of such changes or amendments.

3.4. Unless otherwise stated, all formal communication with the User shall be conducted via e-mail to the email address of the User registered at the Platform. The User acknowledges and agrees that emails sent to the registered e-mail address on their account shall serve as written notification.

3.5. The User acknowledges and agrees that this Agreement constitutes the sole contract between themselves and OKX TR regarding the Services, and supersedes all previous agreements made in relation to the provision of the Services.

4. GENERAL PROVISIONS

4.1. Nature of OKX TR

4.1.1. OKX TR is a Crypto Asset spot trading platform. OKX TR solely acts as an intermediary for the spot purchase or sale of Crypto Assets on the Platform following the User’s decision to engage in a transaction after examining the features of the Crypto Assets. OKX TR does not participate as a party in any transactions, nor does it provide any service that could be construed as an advisory activity to the User in these transactions.

4.1.2. OKX TR does not provide Services, via the Crypto Wallet or any other means, for the custody and maintenance of Crypto Assets as part of the Services offered to Users on the Platform. The Crypto Assets within the Platform are held by services obtained from third-party service providers. Accordingly, the User is required to transfer their Crypto Assets, acquired through OKX TR, from their user account at OKX TR to their own Crypto Wallets in order to transfer the ownership of the Crypto Assets. In this context, the User acknowledges that they have been informed Crypto Assets being held at the Platform are retained in line with the services provided by external service providers; and that OKX TR is not responsible for the Damages incurred by the User due to the incapacity, bankruptcy, etc. of these external service providers. Accordingly, the User fully accepts responsibility for the storage, safekeeping, and transfer to its own Crypto Wallet leading to the transfer of ownership of the Crypto Assets acquired through OKX TR.

4.1.3. OKX TR does not guarantee that the User will generate revenue from the transactions performed on the Platform.

4.1.4. By using the Services offered by OKX TR, irrespective of whether they are converted into investments or not, the User acknowledges, declares, and agrees that they have no right to any form of interest or similar additional returns for any Crypto Asset or fiat currency they own or can trade on the Platform. OKX TR, accordingly, notifies the User via this clause that OKX TR is not obligated or committed to operate the fiat currency or Crypto Asset type owned by the User or generate interest on their behalf on the Platform.

4.1.5. Unless otherwise stated in this Agreement and excluding content and applications provided by third parties, OKX TR owns all rights to use the Services, domain names, software codes, interfaces, contents, product reviews, videos, algorithms, drawings, models, designs and all other intellectual property rights connected to the Platform. No permission is granted under any circumstances for the copying, reproduction, distribution of the Services and related pages, nor for subjecting them to reverse engineering processes.

4.2. Account

4.2.1. Account Registration

4.2.1.1. Each User may register only one account on the Platform by completing the membership form.

4.2.1.2. In the event that the User owns more than one account, OKX TR reserves the right to take any necessary and appropriate measures that it deems appropriate with respect to the User’s account, which may include blocking transactions and disabling the User’s account. OKX TR shall have no obligation to notify the User of the measures to be applied or those that have been applied.

4.2.1.3. User undertakes to provide the following information and documents to OKX TR:

4.2.1.3.1. Company registration documents; a current copy of the Articles of Association;
4.2.1.3.2. Documents regarding the company’s shareholding structure;
4.2.1.3.3. Board of directors’ resolution appointing the authorized representative of the company responsible for the opening and operation of the company user account;
4.2.1.3.4. Current and comprehensive signature circulars showing all authorized signatories;
4.2.1.3.5. Identification documents of the person with the authority of representation, along with any additional documents requested by the company;
4.2.1.3.6. All information and documents necessary for the identification of legal entities in accordance with the legislation.

4.2.1.4. The real person creating an account on behalf of the User acknowledges, declares, and commits that they are the authorized representative of the legal entity they represent. The User and the legal entity they represent are responsible for any Damages arising from the User providing incorrect information. The User acknowledges, declares, and commits that the natural person creating an account on behalf of the legal entity was authorized for representation on the transaction date. The legal entity is responsible for ensuring that the information provided by the natural person registering on their behalf on the Platform is complete, accurate, up-to-date, and not misleading. Any Damages resulting from providing incorrect information are the responsibility of the legal entity represented by the natural person. OKX TR relies on and acts based on the statements provided by the User in all transactions related to the User. Additionally, after the User registration process is completed, the User is responsible for providing and verifying/providing evidence of the information and documents requested by OKX TR for both conducting transactions and performing certain limits/types of transactions. Otherwise, OKX TR reserves the right to terminate the contract, refrain from any action, suspend and block the User’s account/accounts, and take any necessary and/or appropriate measures. In the event of a change in the information declared by the User, the User will immediately inform OKX TR and update the relevant information, providing the updated documents in accordance with the procedures requested by OKX TR. OKX TR is not responsible for any loss or Damages arising from the non-compliance with these obligations. If OKX TR determines that there has been a change in the User’s authorized representatives, it reserves the right to suspend, block, and restrict the User’s account/accounts, taking any necessary and appropriate measures. This right does not imply an obligation for OKX TR to monitor the validity of the User’s authorized representatives.

4.2.1.5. The User is responsible for ensuring that the information provided during registration on the Platform is complete, accurate, up-to-date, and not misleading. OKX TR relies on these statements provided by the User in all transactions related to the User. In addition, after the registration process, the User is responsible for providing and verifying/proving the information and documents requested by OKX TR to ensure the currency of User data or to perform certain transaction types. Otherwise, OKX TR reserves the right to take any necessary and appropriate measures it deems suitable with respect to the User’s account.

4.2.1.6. In the event that the information declared by the User changes, the User shall inform OKX TR as soon as possible and update such information. OKX TR is not responsible for any loss or Damage arising from the failure to fulfill this obligation.

4.2.1.7. OKX TR, at its sole discretion, may refuse to open an account for the User.

4.2.2. Terms Related to Account Use

4.2.2.1. The User, under this Agreement, may use the Services provided and to be provided on the Platform by OKX TR for only as long as their membership continues.

4.2.2.2. The rights granted to the User under this Agreement are limited, non-exclusive, and non-transferable. For the avoidance of doubt, the rights arising from the Agreement cannot be transferred, sold, leased, or allowed to be used by any third party in any way. Otherwise, OKX TR reserves the right to take any necessary and appropriate measures it deems suitable with respect to the User’s account.

4.2.2.3. The User represents and undertakes that they are the ultimate, legal, and actual owner of their account and Crypto Wallet and that, all fiat and Crypto Assets used on the Platform are derived from legitimately obtained income, are acting solely on their own behalf and not on behalf of any third party while using OKX TR’s Platform or Services, and that, they shall not transfer their account, obligations, and rights to third parties, and shall not sell them, and shall not allow anyone else to use their account under any name or pretext. In such cases, OKX TR has the right to cancel, suspend, or freeze the User’s account. The User acknowledges and agrees that OKX TR will bear no legal/criminal liability in relation to unauthorized, erroneous transactions, unfair or unlawful use by third parties or other similar transactions in relation to the User’s account.

4.2.2.4. The User shall use the Services provided by OKX TR (including but not limited to performing transactions on the Platform) only for lawful purposes and in accordance with our Policies which are defined under this Agreement. In the event that the Platform or any Services are used by the User for illegal purposes or if a suspicious transaction is detected, OKX TR shall have the right to cancel the transaction made by the User, postpone its execution, revert it, immediately terminate the Agreement, freeze or suspend the User’s account, or take other appropriate security measures. The User shall bear all legal and criminal liability arising from the use of the account and the Services for illegal purposes.

4.2.2.5. The User is responsible for protecting their account username and password. The User agrees that if they share their username and password with others, the User shall be personally liable for any Damage and loss that may occur, and any operation performed on the Platform through the account accessed using their username and password will be deemed to have come from the User. At this point, the User is obliged to immediately report any suspicious transactions or unauthorized access to their account to OKX TR. We shall not be held responsible for any Damages arising from unauthorized access to your account by any third party and their use of the Services provided through your account. In the event that these credentials are disclosed or shared with unauthorized individuals by the person authorized for the Platform, all responsibility lies with the User. The User acknowledges, declares, and commits that they are fully responsible for the consequences of their actions taken by using the login information of unauthorized users, who are not authorized for representation and endorsement. OKX TR is not obligated to verify the identities of individuals conducting transactions using the User’s login information. The User agrees, declares, and commits to inform their authorized representative about these matters, providing them with training on information security if necessary, and acknowledging that they are responsible for all actions of this person.

4.2.2.6. The User shall authorize someone to conduct transactions on their behalf on the Platform and will provide OKX TR with the information requested for this person. After the User submits the signed request form by its authorized signatories regarding the provision of login credentials to the person authorized to act on their behalf, the relevant login information may be provided to that individual.

4.2.2.7. All transactions made by the person authorized by the User bind the User. The User acknowledges, declares, and commits that the authorized natural person has the right and authority to act exactly as the account holder regarding the services under this Agreement, and that they will be responsible for all legal consequences of the transactions conducted by this individual on the Platform as if they were done by themselves. OKX TR is not responsible for any actions of this individual that may be contrary to the law or User instructions. The User authorizes this person with full awareness of these risks.

4.2.2.8. If the User wishes to change the authorized person, they must notify OKX TR in writing. OKX TR is not responsible for any transactions that occur during the period until this request reaches OKX TR. Unless the termination of this authorization or changes in the authorization conditions are communicated to OKX TR in writing, the transactions conducted by the authorized person are considered accepted by the User. OKX TR will have no liability for any loss or damage incurred by the User due to the User’s failure to notify OKX TR.

4.2.2.9. The cancellation and/or change situation being published in a registry or any other medium does not exempt the User from the obligation to notify OKX TR. The burden of proof in this matter lies with the User.

4.2.2.10. The User may not transfer, sell, donate, or otherwise dispose of their account and/or rights and liabilities arising from this Agreement to third parties, under any name or title. In case of a breach of these provisions, OKX TR reserves the right, at its sole discretion, to unilaterally terminate this Agreement or cease transactions, as well as take necessary and appropriate measures such as blocking/suspending the account. However, if the User wishes to appoint someone as a representative with a power of attorney issued by a notary to exercise their rights arising from this Agreement pursuant to a resolution taken by the authorized body of the User, the representative may only exercise these rights with the prior consent of OKX TR. Such matters are entirely subject to the unilateral discretion of OKX TR. If OKX TR approves the power of attorney, the User is responsible for all transactions, actions, and legal and criminal consequences of the representative appointed by them. Furthermore, in the event of the representative’s dismissal or resignation, this must be communicated to OKX TR in writing in advance. In case of delay in this notification, the User will bear all legal liability for transactions that have taken place until the date the written notification reaches OKX TR.

4.3 User

4.3.1. User Qualities

4.3.1.1. The Platform provides Services to legal entities that have been established in compliance with local and international regulations, and are currently in operation; and have not been subject to abandonment, liquidation, concordat, or bankruptcy provisions. The User is solely responsible for the selection and qualifications of the natural person acting on their behalf. The person using the Platform on behalf of the User must be over 18 years of age and have legal capacity. However, the User is solely responsible for verifying whether this person possesses these qualifications.

4.3.2. User’s Rights and Obligations

4.3.2.1. The User shall make informed decisions regarding their transactions by examining the qualities, type and features of the Crypto Assets to be traded. The obligation to conduct detailed research in this regard resides solely with the User themselves. The User furthermore accepts that none of the Services in this Agreement or any content on the Platform can be construed as investment advice.

4.3.2.2. The User represents and undertakes that they are aware of and assume all legal responsibilities, including but not limited to tax liabilities, risks arising from the economic activities conducted with Crypto Assets on the Platform, and that they cannot hold OKX TR responsible for these responsibilities.

4.3.2.3. The User is legally and criminally responsible for all transactions and actions they perform on the Platform and accepts that OKX TR does not have any legal or criminal responsibility for such undertaken activities on the User’s account.

4.3.2.4. The User is responsible for the transfer of Crypto Assets transferred on the Platform by the User to a Crypto Wallet. The User is also obligated to implement security measures for each Crypto Wallet. All transaction instructions executed by the User are presumed to be error-free, conducted knowingly, and are considered to be transaction orders made by the User themselves, and the User assumes full responsibility for these transactions.

4.3.2.5. The User acknowledges that Orders given by the User will only be executed if there is demand within market conditions. The User acknowledges that Orders may not always result in transactions. The User accepts that OKX TR bears no responsibility in ensuring the conversion of orders into transactions.

4.3.2.6. The User can only send Turkish Lira to their account on the Platform via accounts in Turkish banks that are exclusively opened in their name. Funds sent by the User in violation of the procedure specified in the Agreement, as well as funds sent by third parties or funds with an unidentified sender, shall not be credited to the User’s membership account by OKX TR and shall be returned.

4.3.2.7. Funds to be paid to the User by OKX TR shall be sent exclusively to accounts opened in the User’s name in Turkish banks, in accordance with the rules set by OKX TR. Funds payable to the User shall be sent to the registered bank account no later than seven (7) business days following the transaction date, excluding cases of force majeure and/or reasons which are beyond the control and/or not attributable to the fault of OKX TR (such as technical problems arising from bank systems). Notwithstanding the foregoing, OKX TR reserves the right to delay the transfer of the said amount for a period it deems appropriate in the event of special circumstances. Therefore, the User has no right to claim any interest, income, compensation or any other demands due to a delayed transfer from OKX TR.

4.3.2.8. The User is obliged to notify OKX TR in writing of any changes in the shareholding structure within a maximum of five (5) business days from the date the change occurs. The publication of these changes in a registry or any other medium does not exempt the User from the obligation to notify OKX TR. The burden of proof in this matter lies with the User.

4.4 Rights and Obligations of OKX TR

4.4.1. Despite the measures taken by OKX TR, OKX TR is not responsible for any attacks, including but not limited to theft, fraud and cyber-attacks, that may occur against the User’s Crypto Assets and/or Damages that may arise due to use of Crypto Wallet.

4.4.2. OKX TR exclusively reserves the right to determine the types of Crypto Assets that it mediates the trading of on the Platform. It may remove listed types of Crypto Assets from time to time or add other types of Crypto Assets at its sole discretion.

4.4.3. OKX TR shall fulfill the Orders given by the User in relation to the Services under this Agreement within a reasonable time and in accordance with the rules of the Platform. However, OKX TR shall not be liable for any Damages arising from the failure to execute the Orders within a reasonable time due to causes beyond OKX TR’s control.

4.4.4. The User acknowledges and confirms that OKX TR provides the Services according to their current technological capacity and other conditions. OKX TR makes every effort to ensure the continuity and security of the Services; however, it cannot completely foresee and mitigate legal, technological, and other risks, including but not limited to force majeure, virus, hacker attack, system instability, flaws in third-party services including banks’ services, acts of government or government agencies, that may result in service interruption, data loss, and other Damages and risks. In this context, the User agrees, declares, and commits that they will not hold OKX TR responsible for any Damages (including Indirect Damages) arising from short-term or long-term technical malfunctions and will not make any claims against OKX TR.

4.4.5. OKX TR may cancel or reverse transactions in certain situations, including but not limited to, situations where transactions occur at unrealistic prices due to technical errors, in order to correct the system and ensure its proper functioning. During the cancellation and reversal process, these User accounts may be frozen, and if any payment to the User has been made, a refund of the full payment may be requested. If not refunded, OKX TR reserves the right to resort to all legal remedies under this Agreement. OKX TR shall not be held responsible for such transactions and no claims shall be made against OKX TR.

4.4.6. OKX TR may perform periodic maintenance and updates at times it deems appropriate for the proper functioning of the Platform. The User shall not claim any Damage due to transactions and Orders that could not be executed during this time period.

4.4.7. OKX TR has the right to charge the User a commission (“Service Fee”) at a rate determined by OKX TR for buying, selling and Turkish Lira withdrawal transactions, and to periodically amend these fees and rates from time to time. The relevant Service Fees may be displayed on the Platform. The User agrees that they are not entitled to refund of any Service Fees or any transaction fees collected by OKX TR. By accepting and confirming this Agreement, the User shall be deemed to have accepted the payment of this Service Fee.

4.4.8. Any use, consumption, or purchases of Services, products, or content made through the Platform cannot be canceled or refunded. Consequently, the Service Fee and/or transaction fees charged by OKX TR are also non-refundable. The User declares and commits in advance to accept the provisions of this article by approving this Agreement. The User acknowledges and commits to not holding OKX TR responsible for any transactions they believe to be erroneous.

4.4.9. OKX TR shall not be held liable for any loss or damage caused by the misuse of the Services.

4.4.10. OKX TR may refuse to execute the User’s Orders and/or cancel the transaction at its sole discretion.

4.4.11. Any type of administrative or judicial decisions such as seizures, precautionary seizures, precautionary measures and the like, received by OKX TR concerning the User, are implemented as necessary within the framework of the relevant legislation. Furthermore, at its sole discretion and on a voluntary basis, OKX TR has the right to respond to any type of administrative or judicial decisions such as seizures, precautionary seizures, precautionary measures, freeze orders and the like sent to OKX TR only via e-mail, without receiving an official request from official institutions residing abroad through proper diplomatic channels in accordance with the rules of international judicial assistance, and to take action in the User’s account according to this request.

4.4.12. The User acknowledges that Crypto Assets and the functionality of the Platform are dependent on the internet and other technology (including various communication methods and mediums). However, the public nature of the internet means that parts or the entire internet may be unreliable or unavailable at any given time. Furthermore, interruption, delay, corruption or loss of data, the loss of confidentiality or privacy through the course of data transmission, or malware transmission may occur when transmitting data via the internet and/or other technology. In light of the aforementioned, the User acknowledges, declares, and commits that they are aware that their transactions may not be executed according to their Instruction at the requested time, or may not be executed at all, and they accept this situation; and that shall not hold OKX TR responsible for any short-term or long-term technical malfunctions nor Damages (including Indirect Damages) that may occur in that respect.

5. LIMITATION OF LIABILITY AND NON-LIABILITY CLAUSE

5.1 Risks

5.1.1. As detailed in the Risk Disclosure Form, investing in Crypto Assets is an economically risky activity. The User acknowledges that they are aware of the risks associated with investing in Crypto Assets, and expressly and irrevocably declares, accepts, and commits that they assume the risks arising from investing in Crypto Assets related to the activities covered by this Agreement, as well as those reminded here and in the Risk Disclosure Form, and will not hold OKX TR responsible for any Damages that may arise from these risks (including cryptocurrency price fluctuations).

5.1.2. The Users will determine their decision to purchase the characteristics, type, etc. of the cryptocurrency/asset they will invest in by conducting their own examination. The obligation to conduct detailed research on this matter belongs to the User alone. OKX TR has no responsibility or commitment in this regard.

5.2. Content Not Provided by OKX TR

5.2.1. All content presented on the Platform by OKX TR is composed of data collected from third parties and publicly available sources. All data, analyses, reports, and statistics are processed by software that automatically processes information without any manipulation or direction and are presented objectively. Any news and reports provided by OKX TR are intended solely for information purposes, and they do not possess characteristics of direct solutions, conclusions, legal opinions, or political and sociological research. Their absolute accuracy is not guaranteed. Data may be contradictory or inconsistent. In such cases, OKX TR assumes no responsibility.

5.2.2. OKX TR does not provide any warranties of fitness for trade, performance, marketability, suitability for a particular purpose, or suitability for any purpose whatsoever, whether explicit or implied, in relation to the results that may be obtained by any person or entity through the use of the content provided by OKX TR. All content is provided to the User “as is.” OKX TR shall not be held liable for any Damage(s) including Indirect Damage(s) resulting from the use of the content. Any references made to individuals, organizations, companies, or brands in the content provided by OKX TR are not intended to influence their market value, rankings based on various criteria, or brand value, nor do they constitute advice on the purchase, sale, or holding of stocks.

5.3. Limitation of Liability

5.3.1. OKX TR shall not be liable for any loss or Damage arising from transactions made by Users on the Platform.

5.3.2. In no event shall OKX TR be liable to User for any Indirect Damages.

5.3.3. In any event, the User irrevocably accepts and declares that OKX TR’s total liability to the User is limited to the total fees paid by the User to OKX TR for the Services received by the User in the preceding twelve (12) months’ period in relation to the breach of OKX TR’s obligations under this Agreement, in respect of the Damage(s) arising from the User’s individual or multiple claims and proven by a finalized court decision.

6. PRIVACY POLICY

6.1 If this Agreement is accepted and approved by the User, the rights and obligations arising from the Law on Protection of Personal Data No. 6698 (the “Privacy Law”) will be deemed mutually accepted by OKX TR and the User, and they undertake to act in accordance with the provisions of the Privacy Law.

6.2. OKX TR will process and transfer the User’s personal data to third parties in accordance with the processing purposes specified in the Clarification Text on Personal Data Processing.

6.3. OKX TR may collaborate with various third-party institutions and organizations in various ways to make its Services more effective. Collaboration may include advertising, sponsorship, permission-based marketing, data sharing, and other legal commercial methods. OKX TR shall engage in permitted communication/marketing activities in accordance with applicable laws, shall not disclose User’s personal information without the User’s consent, and shall provide Users with tools to easily and freely opt out of the use and disclosure of their personal information.

6.4. OKX TR may provide links to other websites within the Platform. It may publish advertisements of affiliated third parties and/or application forms for various services, directing users to the websites of advertisers or affiliated third parties through these forms and advertisements. The accuracy of the information given on the aforementioned sites and the quality of the other links provided from these sites have not been investigated and verified by OKX TR. OKX TR assumes no responsibility for the privacy practices and policies or the content contained on the other sites accessed through these links.

6.5. However, OKX TR may disclose user information to third parties in the following cases:

6.5.1. In cases where compliance with written legal rules brought by authorized legal authorities, such as laws, decrees with the force of law, regulations, etc., is necessary;
6.5.2. In cases related to the fulfillment of the obligations under the agreements between OKX TR and the User, and the implementation thereof;
6.5.3. In cases where information about the User is requested in accordance with the procedural method by competent administrative and/or judicial authorities in the course of an investigation or inquiry;
6.5.4. In cases where it is necessary to provide information to protect the rights or safety of the User.

6.6. OKX TR undertakes to keep the confidential information it is provided strictly private and confidential, to treat it as a secret, and to take all necessary measures and exercise due diligence to ensure and maintain the confidentiality, prevent the confidential information from entering the public domain or being disclosed to unauthorized users or third parties, as stated in this provision.

7. FORCE MAJEURE

7.1. Force majeure under this Agreement shall be interpreted as events beyond the reasonable control of the relevant party, including but not limited to natural disasters, riots, epidemics, pandemics, war, strikes, lockouts, failures arising from telecommunication infrastructure, nationwide or regional internet outages, power outages, and bad weather conditions.

7.2. The obligations of the Parties shall be suspended during force majeure.

7.3. No Party shall be liable for any Damages arising from the failure or delay in the performance of the obligations arising from this Agreement due to "force majeure".

8. TERMINATION OF THE CONTRACT AND NULLITY

8.1. OKX TR is authorized to unilaterally close the User account and terminate this Agreement immediately without any compensation, either through assessments conducted within the scope of its own policies or due to MASAK regulations, without making any prior notifications.

8.2. In the event of termination of this Agreement or termination upon the User's request, the User shall withdraw all Crypto Assets or funds from the User’s account before the closure of their account. However, if the User fails to withdraw its Crypto Assets or fund and there are still Crypto Assets in the relevant account on the termination date of this Agreement, within seven (7) business days from account closure, unless otherwise is requested by the User in writing, such assets shall then be converted into Turkish Lira at the conversion rate at the time of refund by OKX TR, and sent to one of the registered Bank accounts belonging to the User, along with any other Turkish Lira balance, if any.

8.3. In the event of termination of the Agreement, the rights of the User obtained and to be obtained from all reward systems, applications and campaigns shall terminate. The User cannot claim any right in this regard after the termination of this Agreement.

8.4. In the event that one or more of the provisions of this User Agreement becomes invalid, illegal or unenforceable in any way, the validity, legality or enforceability of the other provisions shall not be affected in any way.

9. APPLICABLE LAW

9.1. This Agreement is governed by the laws of the Republic of Türkiye.

9.2. Istanbul (Çağlayan) Courts and enforcement offices shall have authority to settle all disputes arising out of or in connection with this Agreement.

10. ENFORCEMENT AND ACCEPTANCE

10.1. The provisions of this Agreement shall enter into force upon its execution by the Parties.

10.2. The User acknowledges and verifies accepts, declares and undertakes that they have read the entire Agreement, including as well as the Risk Disclosure Statement, the Clarification Text on Personal Data Processing, and the Privacy Policy and that they understand the entire content, and approve all its provisions.

11. INDEMNIFICATION

11.1. User agrees 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 Damages arising from or in connection with any third-party claims, losses, liabilities, damages, judgments, penalties, fines, costs and expenses of whatever kind (including professional fees, court expenses and reasonable attorney’s fees) which may be suffered or incurred by any of the Indemnified Party arising out of or related to:

11.1.1. User’s use of or conduct in connection with User account or the Services;
11.1.2. User’s failure to perform any of User’s obligations under these Terms;
11.1.3. a breach by User and/or OKX TR’s enforcement of this Agreement connected to the breach;
11.1.4. User’s violation of any Applicable Laws and Regulations;
11.1.5. User’s violation of the rights of any third party;
11.1.6. any third-party claim related to the User’s use of the Service(s);
11.1.7. any false, inaccurate, misleading or deceptive information provided by you to OKX TR in the course of OKX TR providing User with the Services under this Agreement;
11.1.8. any investigation, claim, suit, action or other proceeding against us relating to or arising out of User’s use of the Service(s) by a governmental authority or regulatory or self-regulatory agency or organization in any applicable jurisdiction(s); or
11.1.9. any breach by the User of any of the representations, warranties and undertakings made by the User to us under this Agreement.

11.2. If User is obligated to indemnify OKX TR pursuant to this Clause 11.2, OKX TR will have the right, in its sole discretion, to control any action or proceeding and/or to determine whether it wishes to settle and, if so, on what terms.

12. MISCELLANEOUS PROVISIONS

OKX TR is a platform offered by OKX Teknoloji Anonim Şirketi located at the address below and it is not a representative, branch or contact office of any other company in TR.

Trade Name: OKX Teknoloji Anonim Şirketi
Address: Esentepe Mah . Büyükdere Cad. Ferko Signature Blok No: 175 İç Kapı No: 12 Şişli/Istanbul
Trade Registry No: 457610-5
Mersis No: 0638-0685-9810-000
Website: https://tr.okx.com
KEP Address: okxteknoloji@hs01.kep.tr.

13. NOTICES

13.1. The Parties hereby agree that the addresses written in this Agreement are their legal notification addresses, and unless the address change is notified to the other Party in writing (i.e., via notary, e-mail, or by post sent to the addresses provided below), it shall have all the legal consequences of a legally valid notification.

13.2. Any notification that one Party is required to make to the other Party under this Agreement may be delivered by hand (with written confirmation of hand delivery) or by mail, email, fax transmission, or similar means of communication to the address that may be notified from time to time in accordance with Article 13.1 by the Parties; however, notifications or warnings related to default, termination of the agreement, or withdrawal from the agreement that are intended to put the other party in default will be made in accordance with Article 18/III of the Turkish Commercial Code, either through a notary public, registered letter, telegram, or by using a secure electronic signature through the registered electronic mail system.

14. CLOSURE OF ACCOUNT

14.1. The User may request the complete closure of their account at any time without providing any specific reason. This request can only be submitted through destek@turkiye.okx.com via a selfie prepared with identification and a signature. Upon receipt of this request from the User, the account will be closed within 30 days from the date the request is received.

14.2. In accordance with legal regulations and for the legitimate interests of OKX TR, the account transaction details and data of the User whose account has been closed will continue to be stored by OKX TR for the periods prescribed by law.

15. EXECUTION OF THE AGREEMENT

15.1. This User Agreement came into effect on the date of its signature after reading and fully understanding all its articles. For the avoidance of doubt, the User's ability to use the Services on the Platform is contingent upon the successful completion of the Know Your Customer (KYC) process.

15.2. Users who do not accept the terms of this User Agreement and the Policies should not use the Platform and the Services provided through the Platform. Otherwise, OKX TR cannot be held responsible for any incurred or future Damages (including Indirect Damages).

15.3. When using the products and Services offered on the Platform by OKX TR, it is necessary to act on your own behalf, and Users are not allowed to transact on behalf of others through the Platform. In this context, the User declares that, in accordance with the relevant laws and regulations published by the official authorities of the Republic of Turkey including the MASAK, they only conduct transactions on the Platform from their own account and in their own name, that they do not and will not transact on behalf of others, and that in the event of acting on behalf of another person in accordance with Article 15 of Law No. 5549, they are obliged to inform OKX TR in writing about whose account they are transacting on and the identity/legal entity information of that person/organization; they acknowledge that failure to do so, and transacting on behalf of another account without notification, may result in imprisonment for a period ranging from 6 months to 1 year or a judicial fine of up to 5000 days; in addition, they acknowledge that OKX TR has the authority to close the account on the Platform and terminate the User Agreement immediately without compensation.

This Agreement, signed in two original Turkish copies between the Parties and entered into force on its execution date. – One original Turkish copy has been delivered to the User, and one original Turkish has been delivered to OKX TR.

Attachments:

Annex 1 – Signature Circular

Annex 2 – Declaration of Acting on One's Own Behalf

To OKX Teknoloji Anonim Şirketi:
We hereby declare and accept that, in accordance with the relevant laws and regulations issued by the official authorities of the Republic of Turkey, we only conduct transactions on our own behalf and account using the account opened at your company, we do not and will not conduct transactions on behalf of others, and in the event that we act on behalf on another party, we undertake to notify your company in writing on whose account we act and the identity/legal entity information of the relevant person/organization in accordance with Article 15 of Law No. 5549. Furthermore, we declare and accept that we have been informed by OKX Teknoloji Anonim Şirketi that the failure to report such a transaction may result in imprisonment from 6 months to 1 year or a judicial fine of up to 5000 days in accordance with the aforementioned law; and in addition, that OKX Teknoloji Anonim Şirketi is authorized to close our account on the Platform ex officio and terminate the User Agreement immediately without compensation. In addition, we declare and confirm that all of the fiat and crypto currencies we use on the Platform are equitably obtained revenues.

Annex 3 – OKX TR Authorization Form

To OKX Teknoloji Anonim Şirketi:
With this declaration, in relation with all services provided by your company and/or all transactions conducted, the authorized representatives of [trade name] ("Company") whose names are specified below are hereby authorized by our Company to manage our account(s) opened or to be opened using the email addresses and phone numbers provided below, to sign/accept/acknowledge on behalf of our Company all necessary documents, forms, certificates, declarations, commitments, notifications, and contracts, to give any buying/selling instructions/orders in any amount without any limit for any type of cryptocurrency deemed appropriate under any terms, conditions, and quantities, to withdraw/deposit/transfer any type of cryptocurrency and/or money, to conduct any cryptocurrency and/or money transfers/payments from the Company's account or to the Company's account, to receive usernames and passwords for the account(s) and to change the username and password, each being individually authorized by the Company to represent and bind our Company individually with the individual resolution of each of them. This declaration is valid until you are notified in writing that it has been partially and/or completely canceled or its content has been changed.

Annex 4 – OFAC Sanctions Survey

Customer Contact Information
Company Name
Company Incorporation / Registration No. ……… Trade Registry:
MERSIS No.:
Company Address
Authorized Person Contact Information
Signature of the Authorized Person
Date
Does your company operate or plan to operate, directly or indirectly, in or through any of the following Sanctioned countries or Territories?
Please mark the relevant country below:
Cuba
North Korea
Iran
Syria
Myanmar
Crimea
The Donetsk People's Republic
The Lugansk People's Republic
None of the Above

Annex 5 – Risk Disclosure Form

Annex 6 – Clarification Text on Personal Data Processing

Annex 7 – Explicit Consent

Annex 8 – Privacy Policy

Annex 9 – Information Notice on Sending Commercial Electronic Messages and Consent

Annex 10 – Cookie Policy

Annex 11 – (If applicable) OTC Terms and Conditions