User Terms & Agreement
STRABO PLATFORM USAGE TERMS & USER AGREEMENT
1. PARTIES
This Strabo Platform Terms of Use and User Agreement ("Agreement"); is concluded between HF YARATICI PROJE GELİŞTİRME VE DANIŞMANLIK LTD. ŞTİ., residing at ESENKENT MAH. ONUR GÜVENER CAD. GARDEN RUSTIC NO: 27/I İÇ KAPI NO: 1 ESENYURT/ İSTANBUL-TURKEY, the owner of getstrabo.com and Strabo mobile device applications ("STRABO" and/or "COMPANY"), and the website user who becomes a member of the Strabo mobile application ("Platform" and/or "Application") by accepting the following terms and conditions or the user who becomes a member of the applications installed on mobile devices ("Member and/or "User"), to determine the conditions for the Member to benefit from the Services provided by the COMPANY.
The COMPANY and the Member, separately referred to as a "Party" in this Agreement, shall collectively be referred to as the "Parties".
By voluntarily using the STRABO Services, including but not limited to, you are deemed to have accepted and declared, with full responsibility, the following matters primarily:
You are aware of the risks associated with stock transactions, trading crypto currencies, commodities, exchange trade funds and mutual trade funds,
You acknowledge that all risks are your own responsibility when using products, services, or conducting stock transactions,
You understand that the services provided by STRABO do not constitute advice, recommendations, or guidance,
STRABO cannot be held responsible for any risks associated with your transactions or any adverse outcomes resulting from your transactions or actions,
You acknowledge that by receiving services, products, or offerings from STRABO, you are not entering into a consumer agreement for investment purposes but rather seeking to engage in investment transactions with knowledge of the terms of the user agreement, and
You acknowledge that you cannot be considered a consumer within the scope of the Consumer Protection Law No. 6502.
2. DEFINITIONS
Services: Refers to the applications provided by the COMPANY to enable Members to perform the business and transactions defined in this Agreement.
My Account Page: Refers to the personalized page accessible only with the username and password determined by the relevant Member, where the Member can perform necessary transactions to benefit from various applications and Services available on the Platform, and input personal data and information requested from them on an application basis.
Form: Refers to the membership document of the Application filled out by Users by providing their information for the purpose of using the application.
Strabo Strategy Cards: Refers to the cards where users can easily track the performance of their investments and explain the strategies behind their investments by answering 4 fundamental questions. Each user is asked in the strategy cards: Why this asset is a good investment? At what price did they buy it? How long will they hold this asset? And what is their target price expectation at the end of this term?
Strabo Scoreboard: Refers to the system within the application where users' strategy cards are ranked according to criteria such as performance and popularity in real-time.
Similar Investments: Refers to the tab within the application that shows similar investments or investment strategies reported by the user based on financial data.
3. RIGHTS AND OBLIGATIONS
3.1. To acquire membership status, the user who wishes to become a Member must approve this Agreement on the Platform, fill in the requested information with accurate and up-to-date details, and the Membership application must be evaluated and approved by the COMPANY. The user who wishes to become a Member must be at least 18 (eighteen) years old. With the completion of the approval process and notification to the Member, the Membership status begins, and thus the Member acquires the rights and obligations specified in this Agreement and in the relevant sections of the Platform. The User is responsible for any damages arising from providing incorrect, incomplete, or misleading personal information. The COMPANY shall not be liable for any damages arising from these reasons. The Member who does not provide accurate and up-to-date information while filling out the Form or fails to immediately update their changed information on the Account Page is personally responsible for any damages that may arise from this. The Member has the right to terminate their membership status at any time by pressing the "Delete My Account" button accessible from the Account Page. The cancellation of membership does not imply the cancellation of consent given for sending commercial electronic messages. The Member must additionally and specifically revoke their consent for sending electronic messages.
3.2. In case of any dispute regarding ownership of membership rights and obligations, and if individuals request from the COMPANY regarding this matter, it is assumed that the person who filled out and submitted the Form to the COMPANY for any Service using the relevant Membership account is the owner of the Membership account, and transactions will be conducted accordingly.
3.3. The Member acknowledges and declares that if they intend to initiate any legal proceedings or purchase process related to the advertisements they view on the Platform, they must fulfill all necessary legal obligations and procedures, including those on the Platform, and that the COMPANY has no information or responsibility regarding these obligations and procedures.
3.4. The Member declares that in the transactions they conduct on the Platform, in comments and correspondences, they will act in accordance with the provisions of this Agreement, all conditions specified on the Platform, applicable legislation, and public order and moral rules. The Member acknowledges that any legal and criminal liability arising from any transaction and action they undertake on the Platform is solely and exclusively their own responsibility, and no fault can be attributed to the COMPANY.
3.5. The COMPANY may, upon request by competent authorities in accordance with applicable legislation, share the information it holds about the Member with said authorities.
3.6. Personal data obtained from Members may be shared with other Members involved in disputes arising from issues such as fraud, fraudulent use of the Platform, which may constitute a crime under the Turkish Penal Code, solely for the purpose of enabling the parties to exercise their legal rights related to the requested issue, and only within this scope.
3.7. The username and password information required for the Member to access the My Account Page and to perform transactions on the Platform are created by the Member, and the security and confidentiality of this information are entirely the responsibility of the Member. The Member acknowledges, declares, and undertakes that transactions carried out with their username and password are deemed to have been carried out by themselves, that they bear the responsibility for any transactions arising from such transactions, that they will not raise any defense or objection to the effect that they did not carry out such transactions, and that they cannot evade their obligations based on such defense or objection. The COMPANY cannot be held liable for any damages arising from cyberattacks or theft crimes occurring in the accounts of Users or in the COMPANY's systems due to internet service provider company systems or for any reason. The User acknowledges, declares, and undertakes that they will not make any claims against the COMPANY under any title for damages arising from these matters and that they release the COMPANY from liability accordingly.
3.8. The Member shall not use the Platform in a manner contrary to law, public order, and morality, including but not limited to, the following cases, with all responsibility belonging solely to the Member:
3.8.1 Using the Platform to create, control, update, or modify a database, record, or directory for any individual;
3.8.2 Using the Platform, in whole or in part, for the purpose of damaging, altering, or reverse engineering;
3.8.3 Creating fake user accounts using false information or another person's information, using incorrect or misleading residential address, email address, or other contact information, unauthorized use or sharing of another user's account, processing, transferring, or disclosing another user's or third party's personal data unlawfully, unauthorized access, impersonation, or participation in transactions under someone else's name or with false identity;
3.8.4 Using comment and rating systems for purposes outside of the Platform, such as publishing comments from the Platform elsewhere, or using them to manipulate the systems, apart from their intended purposes;
3.8.5 Spreading any harmful software or virus to the Platform, Platform's database, or any content on the Platform that may cause damage;
3.8.6 Engaging in activities that create unreasonable or disproportionately large loads on the communication and technical systems determined by the Platform or activities that may harm the technical operation, without obtaining prior written consent from the COMPANY, using automated programs, robots, web crawlers, spiders, data mining, and data crawling software or systems such as "screen scraping" on the Platform without permission, and unauthorized copying, publishing, or using any content in whole or in part on the Platform.
3.9. The Member is obliged to conduct transactions on the Platform in a manner that will not cause any material, spiritual, or technical harm to the COMPANY or the Platform in any way. The Member acknowledges and undertakes to take all necessary precautions, including using protective software and licensed products, to ensure that the use of the Platform does not contain any programs, viruses, software, unlicensed products, Trojan horses, etc., that may harm the Platform. The Member also agrees not to access the Account Page using robot or automatic login methods.
3.10. The User may only have one membership account. The COMPANY reserves the right to unilaterally terminate the Agreement and cancel, suspend, or terminate the User's account without any notice if it determines that the User has provided incorrect and/or false information. Furthermore, the COMPANY has the right not to open an account for this individual in the future. All legal and criminal liabilities arising from and to arise from the situations listed under this clause shall be borne by the User.
3.11. The User hereby declares, acknowledges, and warrants that they are fully entitled to use all information, including name, username, profile picture, and any other information available on the Platform, and that such use does not infringe upon the rights of third parties.
3.12. The User agrees in advance that they will not use the Platform for unlawful purposes, including but not limited to purposes contrary to the laws and regulations in force in the Republic of Turkey, such as the Law No. 5549 on Prevention of Laundering Proceeds of Crime and the Law No. 6415 on Prevention of Financing of Terrorism, and related regulations. The User further agrees not to allow others to use their account for unlawful purposes, and acknowledges that they will be solely responsible for any legal and criminal liability arising from the unlawful use of the Platform or the use of their account by others for such purposes. The Company shall not be held responsible for any disposals on the User's assets by competent authorities due to the User's unlawful use of the account in violation of Turkish laws.
3.13. The User acknowledges and agrees that the strategies, similar investments, Similar Investments, scoreboards, comments and ratings, and financial data found on pages containing investment strategies are provided for informational purposes only from a financial perspective. The User further acknowledges that the Company bears no responsibility for any inaccuracies or deficiencies in the financial data and ratios from their sources, and that they do not constitute any form of advice, nor do they guarantee any profits. The User understands that all gains and losses in transactions and investments are entirely dependent on their own decisions, and therefore, they will not hold the Company, its relevant authorities, agents, managers, business partners, employees, and/or representatives liable for investments and/or losses or damages. The User declares, accepts, and undertakes that the risks associated with the relevant transactions are their own responsibility.
3.14. The User acknowledges that the Platform is not licensed to provide investment advice. No information contained anywhere on the Platform constitutes investment advice and cannot be relied upon by the User for investment decisions. The User is solely responsible for the consequences of any investment decisions made based on any information found on this Platform. To the maximum extent permitted by applicable law, the Company expressly disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. The Company shall not be liable for any loss, damage, or claim arising from the User's use of the services.
3.15. The User agrees to indicate if any text or comments posted on the Platform are cited, and if not, assures that the content is original and does not constitute plagiarism in any form from any source. The User further assures that the content complies with the law, public order, and morality, does not infringe on the rights of third parties, and does not contain investment advice. In the event of any legal responsibility arising from such content, the User acknowledges that they will be solely responsible and indemnifies the Company, each member of its board of directors, managers, and employees against any claims. The User is solely responsible for their correspondence in the comment section. The Company reserves the right to terminate, suspend, or disable the User's account without prior notice if it determines that the User has engaged in inappropriate, offensive, or defamatory expressions in their correspondence.
3.16. By accepting this Agreement and commencing the use of the Platform, the User acknowledges being informed and cautioned by the COMPANY about the variability of stock and market values, their lack of official guarantees from official and unofficial institutions, and the possibility of their usage being subject to different regulations due to legislative changes. The User declares and accepts that they understand this information and warning, and engage in transactions on the Platform with the understanding that all legal, financial, and penal responsibilities lie with them. The User further commits to complying with new legal regulations in the event of legislative changes. In this context, the User is deemed to have read and accepted all statements made and to be made by official authorities regarding stocks.
3.17. The User may suspend the use of the Platform at any time by closing their account. All services offered by the COMPANY on the Platform may be terminated without cause and without any obligation to give prior notice; the User cannot make any claims in the event of termination of the Agreement.
3.18. The User is responsible for all tax liabilities arising or that may arise due to their use of the Platform, if any.
3.19. The User agrees, declares, and undertakes to allow the Company to communicate with them through electronic communication tools and to provide information such as campaigns and promotions.
3.20. The User is deemed to have read and accepted all announcements made by regulatory authorities such as the Turkish Capital Markets Board (SPK), the Turkish Banking Regulation and Supervision Agency (BDDK), and other regulatory authorities regarding financial matters, as well as any future announcements.
3.21. The use of the Platform and/or its content in a manner contrary to the terms of this Agreement or the provisions of the current legislation, or contrary to public order or morality, is unlawful, and all responsibility lies solely with the User. The COMPANY reserves the right to terminate this Agreement, pursue claims, take recourse, and terminate the account unilaterally without any notice. The COMPANY has the right to take any measures, including closing the User's account, to ensure the User's use of the Platform in accordance with this Agreement and the legislation, and to prevent any unauthorized use.
3.22. The User agrees that they will not use the Platform for unlawful purposes and acknowledges that they will be solely responsible for any legal and criminal liability arising from the unlawful use. The User accepts sole responsibility for any claims and demands that may arise from their violation of this Agreement or the legislation, and undertakes to immediately compensate the COMPANY for any damages it may suffer due to such claims.
3.23. The User is solely responsible for any damages and losses arising from or related to the use of the Platform. In the event that the COMPANY fulfills its obligations under this Agreement, the COMPANY, its board members, executives, employees, and third-party service providers shall not be held liable for any legal or criminal sanctions. The User acknowledges, declares, and undertakes to discharge the COMPANY and the aforementioned individuals from any liability in this regard.
4. PROTECTION OF PERSONAL DATA
The COMPANY prioritizes the lawful processing, security, and protection of the personal data provided by the Member through the Platform to benefit from the Services offered on the Platform. The COMPANY is subject to both the Personal Data Protection Law ("KVKK") and the General Data Protection Regulation No. 2016/679 of the European Union regarding the processing of personal data obtained from Members. In this context, the COMPANY collects, uses, transfers, and processes the personal data provided by the Member in accordance with the Personal Data Protection and Processing Information Notice available on the Platform and this Agreement. The Personal Data Protection and Processing Information Notice constitute an integral part of this Agreement.
For more information about the terms of use of personal data and your rights regarding this matter, you can review the Personal Data Protection and Processing Information Notice at any time and exercise your rights by sending an email to info@getstrabo.com. Your email address used for communication must be the same as the one registered in the system during your membership process on the Platform; requests coming from other email addresses will not be evaluated.
5. INTELLECTUAL PROPERTY RIGHTS
The "Strabo" brand and logo, the design and software of the "Strabo" mobile application and Platform, domain name, and any other intellectual property rights created by the COMPANY related to the brand, design, logo, commercial presentation, slogan, and all other content are owned by the COMPANY. The Member may not use, share, distribute, display, reproduce, or create derivative works from the intellectual property rights subject to the ownership of the COMPANY or its affiliates without written permission. The Member may not use the mobile application or the Platform, either in whole or in part, in another environment without the written permission of the COMPANY. If the Member acts in a manner that infringes upon the intellectual property rights of third parties or the COMPANY, the Member shall be liable to compensate the COMPANY and/or the said third party for all direct and indirect damages as well as any expenses. The COMPANY reserves its legal rights and recourse rights.
6. PLATFORM TERMS OF USE
Visiting the Platform and/or using any information implies your acceptance of the following conditions. Access to this website/application, as well as the products and services accessed through the use of the site/application, are subject to the terms, conditions, and notices provided below.
To enter into a contract with the COMPANY, you must be over 18 years of age. The COMPANY reserves the right to reject any request made by you.
The COMPANY may use information about transactions made by the User and investments followed from the "Similar Investments" section for its own and the user's benefit on the Platform, including order and portfolio information, strategy data. The user strategies listed in the "Similar Investments" section are not investment advice.
The COMPANY, its officials, agents, managers, partners, employees, and/or representatives shall not be held responsible and shall not be liable for losses or damages resulting from the misinterpretation of financial ratios and company financials by the User leading to transactions.
The COMPANY shall not be held liable for any technical malfunctions that may occur on the Platform. The COMPANY cannot be held responsible for any direct or indirect damages arising from short-term or long-term technical malfunctions.
The primary purpose of the Strabo score is to prevent false statements or possible manipulations, guide users correctly, and facilitate users' evaluation of other user profiles. The Strabo Score Table is published on the Platform, and the account information, and -if the account is public- strategies and portfolios of users who qualify for scoring are shared publicly on the Platform. The COMPANY reserves the right to make any unilateral changes to the rules of the Strabo Score and Score Table related to the services provided through the Platform. The COMPANY shall not be liable for any damages arising from these changes.
The COMPANY operates independently of other businesses engaged in stock trading, investment transactions, banks, and financial institutions and is not a representative or successor of any company, website, or institution. It does not collaborate with any individual or legal entity. Therefore, the COMPANY cannot be held responsible for any grievances experienced by users through other platforms, even if users refer to the COMPANY and the values owned by the COMPANY.
The COMPANY does not hold the status of an intermediary institution in accordance with Capital Markets legislation, does not operate as an intermediary institution, and does not conduct any work in capital markets based on a license.
Accessing the Platform, using the site or Platform's information, data, or other materials through programs, etc., the COMPANY shall not be liable for any direct or indirect damages arising from breach of contract, tort, or any other cause. The COMPANY shall not accept any responsibility for interruption, error, negligence, or interruption of the transaction due to breach of contract, tort, negligence, or other reasons.
The COMPANY reserves the right to change any kind of service, product, terms of use, or information provided on the Platform extension without prior notice, to reorganize the site/application, or to stop the publication. Changes come into effect immediately upon publication on the Platform. By using or accessing the Platform, these changes are deemed accepted. These terms also apply to other web pages linked to.
The COMPANY shall not accept any responsibility for interruption, error, negligence, interruption, deletion, loss, delay in transaction or communication, computer virus, communication error, theft, destruction, or unauthorized access, alteration, or use of records, etc., arising from breach of contract, tort, negligence, or any other cause.
The Platform may contain links or references to other websites not under the control of the COMPANY. The COMPANY is not responsible for the content of these sites or any other links they contain.
The COMPANY is the owner or licensee of all intellectual and industrial property rights related to the general appearance and design of the Platform, all information, images, the Strabo brand, and other trademarks, domain names, logos, icons, demonstrative, written, electronic, graphic, or machine-readable technical data, computer software, applied sales system, business method, and business model, including all materials, and they are legally protected. No Materials found on the website/application may be modified, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, distributed, or distributed without prior permission and without attribution, including code and software. The entirety or any portion of the Platform may not be used without permission on another website. Any contrary actions will result in legal and criminal liability. All other rights of the COMPANY not explicitly stated here are also reserved.
If any part of the terms of use becomes unenforceable (including provisions for which we do not accept liability), the other parts of the terms of use will not be affected, and the remaining provisions will remain in full force. If it is possible to interpret a clause in a manner that will make the entire clause or a part of it valid, that clause will be interpreted accordingly. Instead, you agree that the clause will be interpreted to resemble the original meaning of the clause as closely as permitted by law.
The COMPANY reserves the right to update the content of these terms of use at any time and advises users to visit this page each time they access the Platform.
7. LEGAL DISCLAIMER, EXEMPTION, AND DISCLAIMER STATEMENT
Legal Disclaimer:
STRABO SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED BY OR ON BEHALF OF STRABO ARE PROVIDED "AS IS" AND "AS AVAILABLE." STRABO DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES ARE CORRECT, COMPLETE, RELIABLE, CONTINUOUS, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. STRABO ACKNOWLEDGES AND STATES THAT IT IS NOT RESPONSIBLE FOR DEFECTS OR DAMAGES ARISING FROM, WITHOUT LIMITATION, THE FOLLOWING: (i) ANY ERRONEOUS OR INCOMPLETE INFORMATION IN INVESTMENT PRICE DATA, (ii) ERROR OR DELAY IN THE TRANSMISSION OF THIS DATA, (iii) INTERRUPTIONS IN ANY KIND OF DATA, (iv) REGULAR AND UNPROGRAMMED MAINTENANCE PERFORMED BY STRABO AND SERVICE INTERRUPTIONS AND DATA CHANGES ARISING FROM SUCH MAINTENANCE, (v) ACTIONS OF OTHER USERS, DAMAGES ARISING FROM THE NEGLIGENCE OR VIOLATION OF THESE TERMS, (vi) UNAUTHORIZED ACTIONS OF THIRD PARTIES NOT AUTHORIZED BY STRABO; AND (vii) OTHER DISCLAIMERS SPECIFIED IN THE LEGAL DISCLAIMERS AND ENFORCEMENT RULES PROVIDED BY STRABO.
Exemption:
EXCEPT IN CASES OF A CLEAR COURT DECISION DETERMINING GROSS NEGLIGENCE, FRAUD, INTENTIONAL MISUSE, OR A WILLFUL VIOLATION OF THE LAW, STRABO SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OR LIABILITIES ARISING FROM OR RELATED TO THE STRABO SERVICES PROVIDED BY OR ON BEHALF OF STRABO, THE PERFORMANCE OR NON-PERFORMANCE OF STRABO SERVICES, OR ANY OTHER PRODUCT OR SERVICES, WHETHER OR NOT COVERED BY CONTRACT, LAW, OR LIMITED LIABILITY.
Disclaimer:
ANY DATA PRESENTED ON THE PLATFORM, INCLUDING CONTENT, GRAPHICS, INDICATORS, COMMENTS BY OTHER USERS, CATEGORIZATIONS AND COLLECTIONS, CONSISTS OF DATA COLLECTED FROM THIRD PARTIES AND PUBLICLY AVAILABLE SOURCES. ALL DATA, ANALYSES, REPORTS, STATISTICS ARE PROCESSED AND/OR OBJECTIVELY PRESENTED WITHOUT ANY EDITING OR DIRECTION BY SOFTWARE THAT HAS SUBJECTED THE INFORMATION TO AUTOMATED PROCESSING WITHOUT ANY PROCESSING BY THE COMPANY. ALL NEWS AND REPORTS PRESENTED ON THE PLATFORM ARE FOR INFORMATIONAL AND ADVISORY PURPOSES ONLY AND DO NOT CONSTITUTE DIRECT SOLUTIONS, OUTCOMES, LEGAL OPINIONS, OR SOCIOLOGICAL AND POLITICAL RESEARCH INFORMATION AND ARE NOT GUARANTEED TO BE COMPLETELY ACCURATE. THE DATA AND INFORMATION STATED IN THIS ARTICLE MAY BE CONTRADICTORY OR INCONSISTENT. THE COMPANY IS IN NO WAY RESPONSIBLE FOR THE ACCURACY OF THE DATA AND INFORMATION STATED HEREIN, AND IT IS THE RESPONSIBILITY OF THE USER TO VERIFY AND CONFIRM THEIR ACCURACY.
THE COMPANY DOES NOT PROVIDE ANY GUARANTEES, WHETHER EXPLICIT OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, PERFORMANCE, MARKETABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, OR SUITABILITY FOR A SPECIFIC PURPOSE, REGARDING THE RESULTS THAT MAY BE OBTAINED BY ANY PERSON OR ORGANIZATION THROUGH THE USE OF THE CONTENT PROVIDED BY ITSELF, WHETHER EXPRESSED OR IMPLIED. ALL CONTENT IS PROVIDED TO THE USER "AS IS." THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY PROFIT LOSSES OR DAMAGES RESULTING FROM THE USE OF THE CONTENT. ANY REFERENCE MADE TO ANY INDIVIDUAL/ENTITY/COMPANY/BRAND IN THE CONTENT PROVIDED BY THE COMPANY IS NOT A RECOMMENDATION FOR THE MARKET VALUES, RANKINGS IN VARIOUS CRITERIA, OR BRAND VALUES OF THESE INDIVIDUALS/ENTITIES/COMPANIES/BRANDS, NOR IS IT A RECOMMENDATION FOR THE PURCHASE, SALE, OR HOLDING OF STOCKS/INVESTMENT INSTRUMENTS.
8. CHANGES TO THE AGREEMENT
The COMPANY may unilaterally change this Agreement and any other policies, provisions, and terms, including the Privacy Notice regarding the Protection and Processing of Personal Data on the Platform, at any time it deems appropriate, provided that it does not contravene the provisions of the applicable legislation, by announcing them on the Platform. The amended provisions of this Agreement will become effective as of the date of their announcement on the Platform, while the remaining provisions will continue to remain in full force and effect.
9. FORCE MAJEURE
If Riots, embargoes, government interventions, rebellions, occupations, wars, mobilizations, strikes, lockouts, labor actions, or boycotts, including cyber-attacks, communication issues, infrastructure and internet failures, system-related improvements or upgrade works, and resulting failures, power outages, fires, explosions, storms, floods, earthquakes, migrations, epidemics, or other natural disasters, government, administrative institution and organization, or judicial decisions, legal regulations, or other events beyond the control of the COMPANY, not arising from its fault, and unforeseeable events ("Force Majeure") prevent or delay the COMPANY's performance of its obligations under this Agreement, the COMPANY shall not be held liable for the obligations prevented or delayed as a result of Force Majeure, and this situation shall not be considered a breach of this Agreement.
10. OTHER PROVISIONS
10.1. The Member acknowledges that in case of any disputes arising from this Agreement, the official books and commercial records of the COMPANY, as well as the e-archive records, log records, electronic information, and computer records stored in the COMPANY's database and servers, shall constitute binding, conclusive, and exclusive evidence. The Member also accepts that this provision constitutes a conclusive evidence agreement within the meaning of Article 193 of the Turkish Civil Procedure Code No. 6100.
10.2. This Agreement shall be exclusively governed by the laws of the Republic of Turkey. Any and all disputes arising from or related to this Agreement shall be under the exclusive jurisdiction of the Istanbul (Çağlayan) Courts and Enforcement Offices.
10.3. The COMPANY will communicate with the Member via the email address provided by the Member during registration, or by making a phone call or sending an SMS to the phone number. The Member is responsible for keeping their email address and phone number up to date and accurate. All notifications, approvals, requests, and other types of correspondence and notifications from the COMPANY to the User, as well as those received from the User, will be made via the email address provided during registration. Communication via email constitutes written communication. It is the User's responsibility to keep their email address up to date, designate the email address used by the COMPANY for sending as a reliable email address to receive emails, and regularly check it for communications from the COMPANY. Notifications sent to the email address registered in the User's system are considered official notifications in accordance with the Notification Law and other laws, and the User declares and undertakes that their address is always correct and accessible.
10.4. This Agreement constitutes the entire agreement between the Parties concerning the subject matter herein. If any provision of this Agreement is found by any competent court, arbitral tribunal, or administrative authority to be wholly or partially invalid, unenforceable, or unreasonable, such invalidity, unenforceability, or unreasonableness shall be deemed severable, and this Agreement shall be deemed divisible to the extent of such invalidity, unenforceability, or unreasonableness, and the remaining provisions shall continue to be in full force and effect.
10.5. The Member shall not assign its rights or obligations under this Agreement, in whole or in part, without the prior written consent of the COMPANY.
10.6. The COMPANY's failure to exercise or enforce any right granted to it in the Agreement shall not constitute a waiver of such right, nor shall it prevent the exercise or enforcement of that right at a later time.
10.7. The COMPANY may change this Agreement and Platform usage terms at various times. The COMPANY unilaterally reserves the right to modify and update all the terms and provisions contained in this legal notice and this Agreement without prior notice. By accepting this Agreement, the User declares and undertakes to also accept any such changes made by the COMPANY in advance. Such changes take effect on the date they are announced on the Platform.
This Agreement, consisting of 10 (ten) main clauses, entered into force upon being approved electronically by the User, after each provision has been read and fully understood, as of the moment of approval.