Terms and Conditions

09.11.2023

 USER AGREEMENT

  1. PARTIES

This BYKOIN Global User Agreement (“Agreement”) is drawn up between BYKOIN GLOBAL (“BYKOIN GLOBAL”) and Users (“You”) who use and access to “bykoin.com” web site any channel, application and platform (“Platform”) developed, published or operated by BYKOIN GLOBAL, as a member or if it is possible according to the features of the Platform without being a member, and Users who uses the contents, products and services made available on the Platform. This Agreement is regulated to be effective from the execution of the actions or transactions listed in this article.

In addition to the services (Crypto Unit Services) offered on the BYKOIN GLOBAL website, BYKOIN GLOBAL also may provide stake services, terms and conditions of which will be published on the Platform periodically to Users who meet the conditions (“Stake Service Terms") in this User Agreement. In the event that stake services are provided, each stake application will be subject to the terms and conditions to be announced periodically. These terms, which will be published on the "bykoin.com” website, are an integral part of this Agreement.

BYKOIN GLOBAL may provide other services that may be subject to specific additional terms and conditions applicable to those features. These terms, which will be published on the "bykoin.com” website, will also become an integral part of this Agreement.

If You do not accept the conditions set forth in this User Agreement, Privacy Terms, Know Your Customer (KYC) Policy, Anti-Money Laundering (AML) Policy and (if available) the Stake Services Terms which are integral part of this Agreement, do not directly or indirectly use the products/services on the bykoin.com website and (if applicable) mobile application.

  1. DEFINITIONS
  • BYKOIN GLOBAL refers to operators of BYKOIN GLOBAL which may change depending on BYKOIN GLOBAL’s business adjusts. In case of a change, the changed operators of BYKOIN GLOBAL shall perform their obligations under these terms with Users and provide Users the services herein, and such change does not affect Users rights and interests under this Agreement. Additionally, the scope of BYKOIN GLOBAL operators may be expanded due to the provision of new BYKOIN GLOBAL services, in which case, if you continue to use BYKOIN GLOBAL services, it is deemed that you have agreed to jointly execute these terms with the newly added BYKOIN GLOBAL operators. In case of a dispute, Users shall determine the entities by which these terms are performed with them and the counterparties of the dispute, depending on the specific services they use and the particular actions that affect their rights or interests.
  • DIGITAL WALLET refers to computer file that holds crypto asset addresses and their passwords. Crypto assets can be transferred between addresses. These crypto asset addresses are randomly generated cryptographic public key pairs.
  • USER refers to the natural persons who approve the User Agreement on “bykoin.com” page.
  • Cryptocurrency refers to a decentralized digital asset that uses cryptography encryption method and designed as an alternative to cash exchange tool. It can be used exchange transactions and may vary according to the free market.
  • KYC refers to the “know-your-customer” and related to verification process that BYKOIN GLOBAL has put in place before entering into a business relationship or conducting transactions with its Users. As part of this process, BYKOIN GLOBAL may do anything that it deems necessary in order to identify Users, verify their identity, scrutinize and investigate User transactions, or comply with any applicable law or regulation.
  • Platform refers to the bykoin.com website and (if applicable) mobile applications of BYKOIN GLOBAL that provide services based on Android and IOS operating systems.
  • Privacy Policy refers to the text that is available for the Users and it specifies the general privacy policy regarding the personal data of natural person Users who receive services from BYKOIN GLOBAL and the use of cookies.
  • Services refers to applications granted to the Users to enable BYKOIN GLOBAL to perform the works and transactions defined in this Agreement.
  1. RIGHTS AND OBLIGATIONS OF BYKOIN GLOBAL

Scope of Services

BYKOIN GLOBAL hereby introduces to Users; over bykoin.com crypto assets exchange market, and primarily  Bykoincoin,  the fan tokens which are developed through BykoinChain  and other crypto asset purchase and sale, transfer;  over wallet.bykoinchain.com digital wallet service for the preservation of crypto assets;  over bykoinexp.bykoinchain.com, simultaneous follow up of crypto asset market by our users; and other product and services (“Services”) thereof and other contents (“Contents”) which are supplied over relevant mobile applications, including the foregoing services,  other web sites or platforms. 

Users can benefit from the Services through the Platform. Since BYKOIN GLOBAL does not determine the prices on the Platform, BYKOIN GLOBAL cannot be held responsible for the loss of the Users due to the changes in the prices and for the damages that arise or will arise.

BYKOIN GLOBAL does not engage in investment consultancy activities and does not make any trading recommendations on the Platforms. BYKOIN GLOBAL cannot be held liable in any way for the purchase and sale transactions made by the User on an exchange platform other than BYKOIN GLOBAL and for the damages arising or to be caused by these transactions.

In order to comply with the new legislations in terms of Crypto Assets listed on the Platform and/or for other reasons (market conditions, instructions and/or decisions of relevant public institutions and organizations, etc.) to be determined exclusively at its own discretion, BYKOIN GLOBAL determines the types and numbers of Crypto Assets to be traded on the Platform. BYKOIN GLOBAL is exclusively authorized to determine the listing periods and other activities such as campaigns, promotions, awards, and to terminate the provision of services related to the Crypto Assets listed on the Platform under the circumstances and conditions that it deems necessary. It also announces the changes in the scope of service and the transactions that can be made on the Platform, including the changes made in the services offered by BYKOIN GLOBAL due to legal regulations, BYKOIN GLOBAL policies and other reasons. The scope of services may differ depending on the country where the User is located.

The support for the Services is provided via the e-mail address [email protected]. BYKOIN GLOBAL does not provide support services to its Users with any method other than this e-mail address, does not ask for a password in support correspondence, does not provide a crypto currency address to its Users to send cryptocurrency. This article is deemed as a notification and BYKOIN GLOBAL cannot be held responsible for any damages or losses that its users have suffered or may suffer due to an e-mail sent from an address other than the aforementioned e-mail address. Users have to ensure the security of their own accounts.

BYKOIN GLOBAL undertakes to act as a prudent trader and ensure the safety of the User who is a member of the Platform. In this context, user-owned savings are stored in cold storage (these cold storages have no internet connection) against a possible cyber-attack. Despite the performance of this commitment by BYKOIN GLOBAL, BYKOIN GLOBAL cannot be held responsible for any reason not caused by BYKOIN GLOBAL, including theft / fraud that may occur if the account is seized by unauthorized persons and use of BYKOIN GLOBAL Services by these unauthorized persons.

BYKOIN GLOBAL may cancel or reverse the transactions made by the User in case of unrealistic transactions due to technical errors, security reasons or legal requirement, or in order to correct the system and ensure the correct operation of the system. During revocation, these user accounts can be suspended. BYKOIN GLOBAL cannot be held responsible for such transactions and no rights can be requested from BYKOIN GLOBAL.

BYKOIN GLOBAL is not responsible in any way for any delay of the User's access, trading or other transaction durations regarding BYKOIN GLOBAL products, Services or Contents. It is obligatory for the User to perform his/her transactions on BYKOIN GLOBAL Platforms from the Digital Wallet ID and (if applicable) integrated Bank Account number registered in the User's name. The rules of buying, selling and using BYKOIN GLOBAL products and Services are published on the Platforms and constitutes the whole warnings and rules that placed on other pages. BYKOIN GLOBAL has the unilateral right to change the rules for the access, purchase, sale and use of its products or services. BYKOIN GLOBAL or its managers or employees and the persons who prepared the information on this Platform have no legal and criminal liability for any damages, liabilities and / or losses that may arise as a result of the User's fault.

Cryptocurrency transfers made through the platform cannot be refunded. Since crypto asset transfers cannot be refunded, the service fee and transaction fee received by BYKOIN GLOBAL cannot be refunded. By signing this Agreement, the User declares and undertakes that he/she accepts the provisions of this article in advance.

Without giving any reason, BYKOIN GLOBAL has the right to not accept transaction orders and money transfers made by the Users. However, in such case, BYKOIN GLOBAL will immediately refund the money deposited by the Users.

BYKOIN GLOBAL has the right to make any changes in the deposit and withdrawal transactions offered through Platform. BYKOIN GLOBAL will and cannot be held liable for any damages that may arise due to these changes. However, BYKOIN GLOBAL undertakes to announce the said changes it makes on the help pages or other pages on the “bykoin.com” internet platform.

BYKOIN GLOBAL does not undertake that the use of the Platform is uninterrupted and error-free. Although the Company aims to make the Platform accessible and available 24/7, it does not guarantee the functionality and accessibility of the systems that provide access to the Platform.

The fact that BYKOIN GLOBAL does not exercise the rights and powers specified in this Agreement at the time of their emergence does not mean that these rights and powers and their use are waived, albeit implicitly. BYKOIN GLOBAL is entitled to use these rights and powers whenever it wishes in accordance with relevant legislation.

BYKOIN GLOBAL cannot be held responsible in any way for any technical malfunctions that may occur on the website. BYKOIN GLOBAL cannot be held responsible for any direct or indirect damages that may arise due to short-term or long-term technical defects, failures or malfunctions.

BYKOIN GLOBAL will communicate with the User via the e-mail address that the User has specified while registering, or by calling the phone number of the User or by sending her/him a SMS. The User is responsible for keeping her/his e-mail address and phone number up to date. In case of change in the information provided during the conclusion of this Agreement, such information shall be updated immediately. BYKOIN GLOBAL will not be liable if this information provided incompletely or incorrectly, or is not up to date.

BYKOIN GLOBAL may change all the terms and provisions of this Agreement without prior notice. However, these changes will be announced on notified on the web site. In the same way, BYKOIN GLOBAL may send these changes as a SMS to the mobile phone number of the Users that they declared while registering to the system, and as an e-mail to their e-mail addresses. By signing the Agreement, the User has accepted these notification methods. By accepting this Agreement, the User declares and undertakes in advance that he/she accepts these changes to be made by BYKOIN GLOBAL with retroactive effect.

Access to Account and User Assets in Case of User Violations.

Prohibited Users. By accessing and using services offered by BYKOIN GLOBAL at its Platforms, User represent and warrants that he/she has not been included in any trade embargoes or economic sanctions list or included in the denied persons of any country. BYKOIN GLOBAL reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of BYKOIN GLOBAL Services in certain countries or regions.

Compliance. Users can only make legal transactions on the Platform. The User accepts in advance that he/she will be responsible for all legal and criminal liability that will arise in the situation that it is detected that they act against the relevant law and the legislation.

  1. RIGHTS AND OBLIGATIONS OF THE USER

By accessing the Website or downloading applications belonging to BYKOIN GLOBAL from any Platform or logging into the Platform, or by filling in the registration form given on the membership page of BYKOIN GLOBAL, the User declares that he/she understands and accepts this User Agreement and upon his/her electronic approval becomes a member.

4.1. How to become a User?

Creating an Account. User should have an account to use the Platforms. Users accept this Agreement, BYKOIN GLOBAL Privacy Policy, and other service terms and conditions that will be announced through Platforms.

Verification Process & KYC. Users are required to complete the security verification stages in order to benefit from the Services on the Platform. Upon the request, the User must document their information that is requested by the BYKOIN GLOBAL such as their ID. In the event that the identity and any other information of the User is not documented despite the request, and/or User provides false information BYKOIN GLOBAL has the right to not to allow any transactions to be made on the account belonging to the User. BYKOIN GLOBAL has no responsibility for any damage caused by the User’s inaccurate or incomplete information contrary to this obligation. The User who provided false information will be suspended from the Platform and BYKOIN GLOBAL shall completely prohibit this User from creating an account on Platforms.

Username and Password. The username and password information needed by the User to access the Account Information Page and perform transactions on the Platform is created by the User himself/herself. The security and confidentiality of such information is entirely the responsibility of the User. The User shall use a strong password on the Platform and this password shall be used solely on the BYKOIN GLOBAL Platforms. The User hereby accepts, undertakes and declares that he/she is responsible for the accuracy and confidentiality of the information provided while becoming a member of the Platform; the transactions that are performed with his/her username and password are carried out by him/her; the responsibility arising from such transactions belongs to him/her in advance; he/she cannot submit any defense or objection stating that those transactions are not carried out by him/her, and based on these defense or objection, he/she cannot avoid the fulfillment of the obligations.

Individual Use. Each User can have only one User account. The User can use the Platform only to benefit from the Services defined in this Agreement. BYKOIN GLOBAL has the right to terminate or suspend the relevant User accounts without notice, in case there is more than one User account used by the same person.

Up-to-date User Information. The User accepts that he/she will upload current and correct identification information regarding his/her photo and other contact information to the system during registration to the websites, applications or any Platform published by BYKOIN GLOBAL and he/she accepts notifying BYKOIN GLOBAL of any change of these information without any delay. The use of the Services is subject to the approval of this Agreement. The User is responsible for the accuracy and confidentiality of the information provided while becoming a member of the Platform, as well as the protection of the passwords and usernames and keeping those confidential. In the event that this information is seized by third parties or the Services are used in an unauthorized manner, all transactions made by the User will be deemed to have been made by the User until the User notifies BYKOIN GLOBAL about a contrary position by e-mail. In this case, BYKOIN GLOBAL does not accept any responsibility. All ownership and possession rights regarding the user accounts belong to BYKOIN GLOBAL.

Information and Document Requests. The terms of membership to the Platform or the terms of use on the Platforms where BYKOIN GLOBAL's products, services or contents are available may differ depending on the transaction limit, the Service type or other conditions. Despite the request, if the identity and address information or the other information or documents requested by BYKOIN GLOBAL are not documented or submitted on time by the User, according to the sole discretion of BYKOIN GLOBAL, in presence of valid reason, BYKOIN GLOBAL will not allow any transaction to be made on the User's account. User accepts that the identity and address information documented by the system is requested in accordance with the Verification Process and KYC defined above, and upon the relevant public authorities’ request, this information will be shared with relevant public authorities. BYKOIN GLOBAL undertakes to share the identity, address, information and documents of the User with natural and / or legal persons only in accordance with the BYKOIN GLOBAL Privacy Policy.

Single User Account. User cannot transfer his/her account, obligations and rights to third parties, sell them or let anyone else use its own membership. In this case, BYKOIN GLOBAL reserves the right to cancel or suspend the User's account. Due to the use of these rights by BYKOIN GLOBAL, the User accepts that he/she irrevocably waives all of his/her rights. The User is responsible for all the damages that occur within the scope of this article, and all sanctions belong to the User.

Legal Capacity. Users must be older than the age of 18. The user hereby declares and undertakes that he/she is over 18 years old. BYKOIN GLOBAL has the right to terminate or suspend User accounts without notice for any reason that it determines that the owner is under the age of 18 or it is suspected of being used by people under the age of 18. The User, who undertakes that he/she is over the age of 18, is officially responsible for the accuracy of all the information he/she reports. BYKOIN GLOBAL relies on this statement in all transactions related to the User and acts accordingly.

Lawful Use. Users agree and undertake that BYKOIN GLOBAL will not be responsible for any damages that may arise due to the unauthorized use, sharing or publication of their shares on the Platform by third parties; not to use or send photographs, pseudonyms, contents, messages or comments that are threating, immoral, racist, or contrary to the User’s local laws, international treaties, or that those containing political messages, violating the intellectual or industrial property rights of third parties; that user names, photos, correspondences, subject titles and nicknames to be added to the platforms are in accordance with the general morality, etiquette and legal rules and do not contain political messages; that including the rights of publication, processing and reproduction, dissemination, representation, transmission to the public, transfer and assignment to third parties regarding the aforementioned phrases, correspondences and photographs and all the financial rights have been transferred to  BYKOIN GLOBAL; not to act in a way that adversely effects the other Users’ use of the Platforms and that the responsibility of all damages incurred by the BYKOIN GLOBAL  or the relevant User as a result of such abuse lies with himself/herself, and in the event that such abuse is detected, that BYKOIN GLOBAL has the right to terminate or suspend that User’s account in the relevant service; not to publish, print, reproduce or distribute material or information that is defamatory, infringing, immoral, indecent or illegal against and on the names of persons or institutions; not to advertise, sell or offer to sell any goods or services, engage in surveys, contests or chain letter activities; not to send any information or program that may or will harm the Platforms or the information and programs on other Users’ computers; that any recordings or materials obtained by using the services offered on the Platform are entirely within the consent of the User, and that the responsibility for malfunctions, loss of information and other kinds of losses that may occur on his/her own computer belongs to him/her.

4.2. Activation of User Account

Account Safety. The User accepts that the transactions made through the Platforms do not directly or indirectly constitute any unlawfulness or are in connection with criminal activity. It is technically not possible to track the content, product or service accessed through BYKOIN GLOBAL or, if possible due to their nature, how they are used in the purchased assets, where and for what purpose it was transferred, whether it was used in a crime or not. BYKOIN GLOBAL cannot be held responsible for the damages and losses, negative or positive damages of the Users or third parties arising from the misuse of cryptocurrencies. Users are personally responsible for legal actions, all expenses and tax liabilities related to the use of BYKOIN GLOBAL products, services, sites or contents. BYKOIN GLOBAL cannot be held responsible for the expenses and tax liability arising from the gains and losses of the Users.

Account Suspension or Closure. BYKOIN GLOBAL holds the right to suspend the User's membership or the rules governing the use of BYKOIN GLOBAL products or services or, if possible, the trading of them, or the Services at any time for any reason. In this case, BYKOIN GLOBAL may notify the User of this change through the Platforms. Transactions regarding the use of BYKOIN GLOBAL products, services or sites must be made from the registered accounts credit card or other payment methods under the same name as the User. If any risk related to the transactions is detected, BYKOIN GLOBAL has a right to cancel the transactions with all expenses belong to the User. BYKOIN GLOBAL cannot be held responsible for delays or transactions caused by the User or other third parties. BYKOIN GLOBAL reserves the right to request identification or other information / document from the User whose transactions are refused, deemed risky and did not perform.

Changes to this Agreement. Upon the publication of this Agreement on the web site by BYKOIN GLOBAL, it becomes retroactively valid and covers all old and new Users. ANY AND ALL MODIFICATIONS OR CHANGES TO THIS AGREEMENT WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, USERS’ CONTINUED USE OF PLATFORMS IS DEEMED THEIR ACCEPTANCE OF THE MODIFIED AGREEMENT AND TERMS. IF A USER DOES NOT AGREE TO ANY CHANGES TO THESE TERMS, THAT USER MUST STOP USING SERVICES OFFERED BY BYKOIN GLOBAL IMMEDIATELY. USERS ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE UNDERSTANDING THE TERMS AND CONDITIONS THAT APPLY TO THEIR ACCESS TO AND USE OF SERVICES.

4.3. User’s Disclaimer

There are certain risks associated with investing in cryptocurrencies. The User accepts that he/she has the necessary experience and knowledge in trading and investing in cryptocurrencies, that the price of the assets subject to the cryptocurrencies follows a highly volatile course, and from this point of view that he/she has the ability to evaluate both legal and financial returns and risks. Therefore, the user cannot hold BYKOIN GLOBAL or its any manager, employee, consultant, affiliates or affiliate responsible for any adverse situation that may arise, or for any losses or damages arising from or as a result of the services offered or transactions made under this Agreement.

Upon the acceptance and approval of this Agreement, Users hereby, declare and undertake that they understand the risks of investing in cryptocurrencies. Users are responsible for their profits and losses due to the price changes. In case Users experience a loss or a damage, they cannot claim any rights from BYKOIN GLOBAL.

In case of disputes that may arise from this Agreement, the User accepts that the official books and commercial records of BYKOIN GLOBAL and the e-archive records, electronic information and computer records kept in BYKOIN GLOBAL’s database and servers shall constitute binding, final and exclusive evidence.

  1. Pricing

5.1. Without prejudice to the article 5.2 set forth below, BYKOIN GLOBAL has the right to receive a commission (service fee) from the Users at a rate determined by BYKOIN GLOBAL in every purchase and sale transaction on its Platforms. BYKOIN GLOBAL announces the fees and commissions related to the services provided under the Platforms. BYKOIN GLOBAL reserves the right to change these fees and rates at any time without notice. Existing fees, commissions and limits are integral part of this Agreement, and the changes will become effective from the moment they are announced on the Platforms. With the acceptance and approval of this Agreement, the User shall be deemed to have accepted the collection of this service fee.

5.2. BYKOIN GLOBAL products, services or contents that are used or purchased through the Platforms cannot be cancelled or refunded due to the nature of crypto assets. Accordingly, the service and transaction fees deducted from the User by BYKOIN GLOBAL cannot be refunded. Upon the approval of this Agreement, the User declares and undertakes in advance that he/she accepts the provisions of this article. The User undertakes and accept that he/she cannot hold BYKOIN GLOBAL liable or responsible for the transactions that he/she thinks he/she done incorrectly.

  1. Privacy Policy

6.1. In the event that this Agreement is accepted and approved by the User, BYKOIN GLOBAL may process user information in accordance with the Privacy Policy at with any third parties.

6.4. BYKOIN GLOBAL may provide links to other web sites or applications within the Platforms. Also, BYKOIN GLOBAL may publish advertisements and/or application forms for various services of contracted third parties or direct Users to these third-party web sites or applications. BYKOIN GLOBAL is not responsible for the privacy practices and policies and the content provided by third-party applications or web sites, to which they access in this way.

6.5. In situations listed below, BYKOIN GLOBAL will be able to disclose the information of its Users to the third-parties by going beyond the provisions of this privacy statement. These situations are:

  • Where it is required by the applicable legislation,
  • In situations related to the fulfillment of the requirements of the Agreements between the BYKOIN GLOBAL and the Users and implementation of these,
  • In situations where the information regarding the Users is requested in line with an investigation or for an investigation carried out in compliance with the procedural method by authorized administrative and/or judicial authorities,
  • In situations where it is necessary to provide information to protect the rights or security of the Users.

6.6. BYKOIN GLOBAL undertakes to keep the confidential information provided to it strictly private and confidential, to accept it as an obligation to keep it as a secret, to take all precautions and measures and to show all due care fully to ensure and maintain confidentiality, to prevent all and any part of confidential information from becoming public or to be disclosed to an unauthorized User or to a third-party.

6.7. In accordance with the Privacy Policy and Protection of Personal Data section of this Agreement, BYKOIN GLOBAL undertakes the following:

  • To gather and protect the personal data,
  • Not to use the personal data directly or indirectly for any other purpose other than the realization of the purpose of the relationship between the Parties,
  • Except in the situations of legal obligation, not to disclose the confidential information to third parties or institutions without the consent of the User, and not to allow confidential information’s use or being copied by third parties,
  • Confidential information will also be protected by the personnel, proxies, and natural or legal persons acting on behalf of BYKOIN GLOBAL.
  1. Intellectual Property Rights

7.1. BYKOIN GLOBAL is the only and sole owner of all services, domain names, software codes, interfaces, contents, product reviews, videos, algorithms, drawings, models, designs and all other intellectual property rights (excluding content and applications provided by third parties). The software, design and copyrights of the services provided completely belong to BYKOIN GLOBAL. It is strictly prohibited to copy or reproduce the services and disseminate the pages associated with the services, as well as reverse engineering.

7.2. Intellectual property rights of the software, design, domain name of the Platforms including the “BYKOIN” brand, mobile applications and logo and all kinds of trademarks, designs, logos, trade dress, slogans and all other contents created by BYKOIN GLOBAL in connection with those solely belong to the BYKOIN GLOBAL.

7.3. Without the written permission of BYKOIN GLOBAL, the User cannot use, share, distribute, exhibit, reproduce, or make derivative works of intellectual property rights owned by BYKOIN GLOBAL. The User may not use the whole or a part of the Platform in any other environment without the written permission of the BYKOIN GLOBAL.

7.4. In the event that User acts in a way that violates the intellectual property rights of the third parties or BYKOIN GLOBAL, then, the User is obliged to compensate all direct and indirect damages and expenses of the BYKOIN GLOBAL and/or the said third party.

  1. Nonliability Statement

8.1. Including the pricing and statistics, BYKOIN GLOBAL is not responsible for any content on the Platforms. All data, analyses, reports, statistics on the Platform are processed and objectively presented by a software that has automatically processed the information without any editing or interfering. All kinds of news and reports submitted by BYKOIN GLOBAL is solely for informational purposes and does not have the characteristics of the direct solution, conclusion, legal opinion, political and sociological research information. Also, their exact accuracy is not guaranteed. Data may be conflicting or inconsistent with each other. In such cases, BYKOIN GLOBAL does not take any responsibility.

8.2. Regarding the results to be obtained by any person or organization through User of the content submitted by BYKOIN GLOBAL, BYKOIN GLOBAL does not give any express or implied warranties including any warranties of merchantability, performance, marketability or fitness for a particular purpose. All the content is provided to the Users “as it is”. BYKOIN GLOBAL cannot be held responsible for any loss of profits or any damages, including negative damages, that may arise from the use of the content. References to any person/institution/company/brand in the contents provided by BYKOIN GLOBAL, are neither a recommendation to buy, sell or hold stocks of the person/institution/company/brand nor a recommendation that will affect the market value, rankings, brand values of the listed.

8.3. Due to the fact that all transactions are created irreversibly in the Blockchain network, the transactions made on the Blockchain cannot be reversed in case of faulty transactions made by the User during cases such as transfers, money transfers from Digital Wallet to Digital Wallet, money transfers to cold wallet. Therefore, the responsibility belongs entirely to the User. BYKOIN GLOBAL is not involved in the process in any way other than the execution of the transactions outside the given instructions. Therefore, BYKOIN GLOBAL does not have any information about whether the transaction is incorrect or not. This matter is the responsibility of the User, and transactions cannot be reversed due to Blockchain technology, and therefore, it is not possible to return the relevant amounts to the User, including the fees to be paid to BYKOIN GLOBAL for the transactions. The user should make sure that the information he entered is correct and should perform the transaction after confirming the accuracy of the transaction. The User accepts that he/she has been informed that the transactions made on the Blockchain are irreversible and non-cancellable, that it is not possible to cancel the transaction and reverse the transaction, and therefore the transaction fees and commissions received will not be refunded, and that he is responsible for his transactions.

8.4. Platforms only provide the infrastructure that allows access to BYKOIN GLOBAL products, services or contents, their use, or the purchasing or selling of them depending on their nature. BYKOIN GLOBAL, in no way, guarantees the conclusion of the transactions or the execution of the orders placed on the Platform. Prices are determined solely and completely according to the supply-demand relationship of the trading parties for the relevant cryptocurrency. Prices on the web site is not determined by the BYKOIN GLOBAL. BYKOIN GLOBAL cannot be held responsible for the losses or damages incurred or possible will be incurred by the Users due to the changes in the prices or non-execution of transactions.

  1. Dispute Resolution: Forum, Arbitration, Class Action Waiver

9.1 If any dispute, controversy, or claim arises out of or in connection with the interpretation or application of the provisions of this Agreement or in connection with the determination of any matters which are subject to objective determination pursuant to this Agreement (the “Dispute”), the Parties shall attempt in good faith to settle such Dispute amicably by negotiation. BYKOIN GLOBAL Help Center will track your claims and provide the reasonable efforts to resolve the Dispute internally. Discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding.

In the event the Dispute cannot be resolved satisfactorily within 30 (thirty) days, and User wishes to assert a legal claim against BYKOIN GLOBAL, then User agrees to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to BYKOIN GLOBAL. The Notice of Claim must:

(1) describe the nature and basis of the claim or dispute,

(2) set forth the specific relief sought,

(3) provide the initial mail sent to BYKOIN GLOBAL Help Center, and

(4) include User’s BYKOIN GLOBAL account email.

The Notice of Claim should be submitted to [[email protected]]. After User has provided the Notice of Claim to BYKOIN GLOBAL, the dispute referenced in the Notice of Claim may be submitted by either BYKOIN GLOBAL or User to arbitration in accordance with paragraph 2 of this Article 9, below. For the avoidance of doubt, the submission of a dispute to BYKOIN GLOBAL for resolution internally and the delivery of a Notice of Claim to BYKOIN GLOBAL are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by the User or BYKOIN GLOBAL shall not be disclosed to the arbitrator.

9.2. Agreement to Arbitrate and Governing Law.  User and BYKOIN GLOBAL agree that, subject to paragraph 9.1. above, any dispute, claim, or controversy between the User and BYKOIN GLOBAL arising in connection with or relating in any way to this Agreement or to User’s relationship with BYKOIN GLOBAL as a user of BYKOIN GLOBAL Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below.

User and BYKOIN GLOBAL further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favor of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of this Agreement.

  • Arbitration Rules: The arbitration shall be subject to the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) in force when the Notice of Arbitration is submitted, as modified by this Clause 9. The arbitration will be administered by the the Singapore International Arbitration Centre (“SIAC”). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the SIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED.
  • Time for Filing: ANY ARBITRATION AGAINST BYKOIN GLOBAL MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS CLAUSE, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
  • Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the SIAC in accordance with the SIAC Rules. If BYKOIN GLOBAL request arbitration against a User, BYKOIN GLOBAL will give the User notice at the email address or mailing address User have provided. User agrees that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is User’s obligation to ensure that the email address and/or mailing address on file with BYKOIN GLOBAL is up-to-date and accurate.
  • Seat of Arbitration: The seat of the arbitration shall be Singapore.
  • Place of Hearing: The location of any in-person arbitration hearing shall be in Singapore, unless otherwise agreed to by the parties.
  • Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Switzerland.
  • The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the SIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.

9.3. Class Action Waiver.  User and BYKOIN GLOBAL agree that any claims relating to this Agreement or to User’s relationship with BYKOIN GLOBAL as a User of BYKOIN GLOBAL Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. User and BYKOIN GLOBAL further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including BYKOIN GLOBAL.

9.4. Modifications. BYKOIN GLOBAL reserves the right to update, modify, revise, suspend, or make any future changes to Clause 9 regarding the parties’ Agreement to Arbitrate, subject to applicable law. User hereby consent and agree that it is User’s responsibility to ensure that User’s understanding of this Clause 9 is up to date. Subject to the applicable law, User’s continued use of their BYKOIN GLOBAL account shall be deemed to be User’s acceptance of any modifications to Clause 9 regarding the parties’ Agreement to Arbitrate. User agrees that if User object to the modifications to Clause 9, BYKOIN GLOBAL may block access to User account pending closure of User’s account. In such circumstances, the User Agreement prior to modification shall remain in full force and effect pending closure of User’s account.

9.5. Severability. If any portion of this Agreement is adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of this Agreement will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.

  1. Amendments and Evidential Contract

10.1. Without the need for prior notice, BYKOIN GLOBAL has the right to unilaterally change and update all conditions and provisions in this legal notice, including the Privacy Policy.

10.2. In the disputes that may arise from or in connection to this Agreement, the Parties agree that the electronic and system records, commercial books, book records, microfilm, microfiche, e-mail correspondence, and computer records kept by BYKOIN GLOBAL in its own database shall constitute reliable, binding, final and exclusive. 

  1. Effectiveness and Acceptance

By visiting any page of the BYKOIN GLOBAL website or by using the mobile application or starting to use another BYKOIN GLOBAL platform, User hereby, accept, declare and undertake that User have read the entire User Agreement, fully understood its contents and approved all of its provisions.    

Users who do not accept the terms of the User Agreement shall not use the Platform and the services provided on the Platform in any way. Otherwise, BYKOIN GLOBAL cannot be held responsible for any damages that have incurred or will incur.

  1. Language

This Agreement’s original version is drafted in English. BYKOIN GLOBAL may translate this Agreement, in its sole and absolute discretion, into another language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.

  1. Legal and Penal Sanctions

By accepting this Agreement, the User is hereby deemed to have read and accepted all the explanations made or to be made thereafter by the authorized institutions regarding all the cryptocurrencies.

In the event that the web site is used by the User for unlawful purposes or is made available to another person accordingly, then, the User is responsible for any consequences in accordance with this Agreement. The User further accepts, declares and undertakes that he/she will not hold BYKOIN GLOBAL responsible in this regard. Due to the freezing, permanent or temporary deletion, suspension, etc. of the User’s account, BYKOIN GLOBAL has the right to ban this person from opening an account indefinitely.

Upon the acceptance of this Agreement, the User undertakes to use the web site in accordance with their local laws and all of its legislation. In the event that BYKOIN GLOBAL detects an illegal use, BYKOIN GLOBAL has the right and authority to share all the information of the User with the competent authorities. This does not constitute a breach of confidentiality and BYKOIN GLOBAL cannot be held responsible.

The User undertakes not to make posts that tarnish the BYKOIN GLOBAL’s name, damage its commercial reputation or create unfair competition by using BYKOIN GLOBAL name and/or logo. This commitment covers all social media platforms including all kinds of written and visual media. In case of detection of violation of this article, without prior notice, BYKOIN GLOBAL reserves the right to unilaterally terminate the Agreement, block, suspend or completely delete the User’s account. In addition, for any violation of this article, BYKOIN GLOBAL will use its right of compensation against the User. The User accepts, declares and undertakes that he/she in advance waives all of his/her objection and demand rights due to the implementation of this article.

In the event that BYKOIN GLOBAL detects suspicious transaction attempt in terms of stock market workflow and software security, BYKOIN GLOBAL has the rights to temporarily or permanently prevent the purchasing or selling activities, freeze, suspend and close the account or accounts of the User that performed suspicious transactions. Due to the request of seizure from the judicial and administrative authorities and due to the requests from the banks due to the notifications done to them by these authorities, BYKOIN GLOBAL may implement a seizure operation of the assets in the User’s account. Due to the implementation of this article by BYKOIN GLOBAL within the framework of honesty and good faith rules, BYKOIN GLOBAL cannot make subject to legal or criminal liability.

BYKOIN GLOBAL has the right to temporarily or permanently close the accounts for purchasing and selling activities and to suspend, freeze or permanently close the accounts of the Users who use expressions contrary to the general morality and honesty rules in their correspondences via the [email protected], Live Support and Communication Center. Due to the implementation of this article by BYKOIN GLOBAL within the framework of honesty and good faith rules, BYKOIN GLOBAL cannot make subject to legal or criminal liability.

In the event that cryptocurrency is sent to the User by BYKOIN GLOBAL by mistake, in a way that will cause unjust enrichment, this matter will be immediately notified to the User via e-mail, call, SMS etc. In the event that despite the notification, said cryptocurrency is not returned by the User within 1 business day, then, BYKOIN GLOBAL may terminate, suspend or permanently prevent the access the User’s account. Again, in this case, the User’s account may be reduced to a negative balance equal to the mistaken transfer made by BYKOIN GLOBAL and legal actions may be taken. BYKOIN GLOBAL reserves the right to claim indemnification of the direct or indirect damages incurred due to this transaction.

Despite the fact that BYKOIN GLOBAL determines that any article or articles of this Agreement have been violated by the User, BYKOIN GLOBAL’s failure to terminate the Agreement, or failure to take legal actions against the User, cannot be interpreted as a waiver of these rights by BYKOIN GLOBAL. All rights of the BYKOIN GLOBAL are reserved against these detected violations.

This Agreement constitutes the entire agreement between the Parties on this subject. If any provision of this Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, then, to the extent of invalidity, unenforceability or unreasonableness, this Agreement shall be deemed severable and all other provisions shall remain in full force and effect.

Without the prior written consent of BYKOIN GLOBAL, the User may not assign her/his rights or obligations under this Agreement, in whole or in part. On the other hand, BYKOIN GLOBAL may transfer and assign its rights, obligations, debts and/or receivables arising from this Agreement without any permission.

  1. Accessing to the Account and User’s BYKOIN GLOBAL Assets

In the event that any article of this Agreement is violated by the User, without notice, BYKOIN GLOBAL has the right to terminate, delete, suspend, stop and restrict the User’s account. However, even if these rights are exercised by BYKOIN GLOBAL, the User’s assets within the BYKOIN GLOBAL will not be affected by this situation and upon the request of the User, these assets will be immediately returned to the User, provided that there is no legal restriction on the User’s assets within BYKOIN GLOBAL. After deactivation, cancellation or termination of the account, the User does not have the right to transfer the digital currency associated with his/her Digital Wallet until the transaction under inspection is completed.

  1. Force Majeure

15.1. Including but not limited to the following cases, if BYKOIN GLOBAL cannot fulfill its obligations arising from this Agreement, it cannot be held responsible for its delayed or blocked obligations and this situation cannot be considered as a violation of the Agreement:

  • Insurrection, embargo, government intervention, riot, occupation, war, levy en masse, strike, lockout, labor actions or boycotts;
  • Cyber-attacks, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur due to these;
  • Legal and administrative regulations, prohibitions;
  • Power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events that are beyond the control of BYKOIN GLOBAL, are not cause by its fault and cannot be reasonably foreseen.
  1. Termination of Account

The User can request the complete termination of his/her account at any time without giving any reason. This request can only be forwarded to [email protected] via a selfie and with an ID and a signed petition. Upon this request of the User, the User’s account will be terminated within 30 days from the date of receipt of the request.

In accordance with the legal regulations and legitimate interests of the BYKOIN GLOBAL, transaction details and data of the User whose account is terminated will continue to be stored by BYKOIN GLOBAL for the periods stipulated in the relevant legislation.

  1. Approval of the Agreement

This User Agreement has entered into force from the moment it is electronically approved, by reading and fully understanding all of its articles.

Users who do not accept the terms of this User Agreement shall not use the Platforms and the services provided through the Platforms. Otherwise, BYKOIN GLOBAL cannot be held responsible for any damages that have arisen or will arise.