TERMS OF SERVICE
These terms of service (“Terms of Service
”) are entered into by and between Moneer Yazılım Geliştirme Danışmanlık ve Ticaret Limited Şirketi having its registered office in Ergenekon Mah. Halaskargazi Cad. No 51/4 Şişli stanbul Turkey (“STOX
”) and the customer and/or the entity you are representing using or making the use of the services provided by STOX (“You
”) through its Android and IOS applications (“STOX”)or its website https://www.stox.app (“Website
”) (“Both would be referred as the “Services
” and or the “Service”).
By using or accessing to the Services, You represent and warrant to STOX that You: (a) are eighteen (18) years of age or older, (b) are not currently restricted from using the Services under the applicable law, (c) are not a competitor of STOX, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of STOX, and are not using the Services for any reason that may be interpreted as having engaged in cometition with the Services or any other product or service offered by STOX, (d) have full power and authority to enter into and perform these Terms of Srvice and doing so will not violate any other agreement to which you are a party and (e) will not violate any rights of STOX including, without limitation, intellectual property rights such as patent, copyright or trademarkr ights or usage rights.1. General
By clicking the accept button or using STOX’s services You accept all of the Terms of Service hereto.
STOX will give you access to use the Services whereby you will be able to track financial markets and create your portfolio through visual indications in various currencies. STOX reserves its rights to change the type of Service providing to You from time to time without any prior notification. 2.2
STOX hereby grants You a non-exclusive and non-transferable right to access to STOX’s services depending on your membership period and membership type. User-based memberships will only grant the right to use the Services solely for the individual user. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with these Terms of Service.
While providing Services specified in these Terms of Service, STOX may in its sole discretion to provide its services from third party service providers and in no way guarantees the quality of third party providers.
3. Registration and Usage Restrictions
As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will select a username and a password. You will provide STOX with certain registration information, all of which must be accurate, truthful, and kept updated.You shall not: (i) select a username already used by another person (ii) maintain more than one account within the Service and (iii) create an account for anyone other than yourself without permission. You shall not share the password information You have received with any other third parties. You shall immediately inform STOX of any change in your information.
STOX reserves the right to deny creation of your account based on STOX’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify STOX of any known or suspected unauthorized use(s) of your account by another person, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. In case any access to your account by an unknown IP address or suspected IP address, STOX may deny the access to the unauthorized user and suspend your account in STOX’s sole discretion.
Restrictions are as follows:
- You cannot license, sub-license, access, use, sell,resell, transfer, assign, distribute or otherwise commercially exploit or make the Services available to any third party.
- You cannot modify, decompile, reverse engineer or copy the Services or any of its components, - You cannot use the Services to conduct fraudulent activities,
- You may not use any of the trademarks, trade names,service marks, copyrights, or logos of STOX in any manner which creates the impression that such items belong to or are associated with you or are used with STOX’s consent, and you acknowledge that you have no ownership rights in and to any of such items.
- You cannot retrieve the object code or algorithms of software that STOX owns and / or produces or uses;
- You cannot mimic their interfaces, service, and method, and they cannot improve their aesthetic, method, functioning, or use as much as they cause confusion with the STOX Service, or similar ones that give the impression that it was made and provided by STOX.
4. Intellectual Property Rights
The authority to use specified in this Terms of Service refers to the right to access both through the Website or the STOX, and does not mean that it has transferred or granted the right to use, propagate,reproduce, publicize, represent, share and follow-up. Nor does it mean that the authorization of the name has given it the power to deny, delegate or use it.
The Services, whether or not protected by laws,regulations, communiques or international contracts, STOX’s right to patents,utility models, industrial design or copyrights (ideas and works of art), STOX is considered to be the owner of the intellectual property rights of the software, databases, interfaces, and intermediary software under the scope of intellectual property laws. The fact that STOX makes them the subject of commercial activity does not mean that it has transferred, authorized or used the right to process,spread, reproduce, publicize, represent, share and follow-up.
From time to time in its sole discretion, STOX may disclose or make available to You any information about its business affairs, services,confidential intellectual property, trade secrets, trade methods and other sensitive or proprietary information, whether orally or in written, electronic,or other form and whether or not marked, designated or otherwise identified as“confidential” (collectively, “Confidential Information
Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to You at the time of disclosure; or (c) rightfully obtained by You on a non-confidential basis from a third party.
You shall not disclose the Confidential Information to any person or entity, except to the STOX’ employees or representatives who have a need to know the Confidential Information for You to exercise its rights or perform its obligations hereunder and who are bound by confidentiality restrictions no less restrictive than those applying to You hereunder.
Notwithstanding the foregoing, You may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the You give the STOX prompt notice and cooperate with STOX to obtain an appropriate protective order or other appropriate remedy at the STOX’s expense; or (ii) to establish your rights under these Terms of Service including to make required court filings.
Upon termination of these Terms of Service, You will,at the STOX’s request and option, delete or return any Confidential Information in your possession without any request including but not limited to all documents sent to you by STOX. Disclosure of Confidential Information of You may give rise to an irreparable injury to STOX inadequately compensable in damages. In the event of a breach of this clause, damages may not be an adequate remedy and You shall be entitled to temporary or permanent injunctive relief to restrain any such breach, threatened or actual.
STOX may offer its Services for purchase through Apple App Store, Google Play, direct billing or other payment platforms authorized by STOX. If You choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) will be charged for the in app purchase at the prices displayed to you for the Service(s) you've selected as well as any taxes that may be imposed on your payments. Therefore, You authorize STOX or the third party account, as applicable, to charge You for the usage of the Services for a period of time. 6.2
If You want to terminate your subscription, You will log into your third party account and follow instructions to terminate or cancel the subscription even if You have deleted STOX or your account in STOX.
7. Disclaimer and Limitation of Liability
STOX shall not be liable for any indirect damages incurred by You or your account, including loss of data or use-related damage,to the extent permitted by law. Trading in financial instruments and or cryptocurrencies involves high risk of losing some or all of your assets.
You agree that your use of the Service is at your sole risk and acknowledge that the service or anything contained within the service are provided “as is” and “as available” and STOX makes no warranty of any kind express or implied as to the service. STOX does not warrant that the availability of or the functions contained in this Service will be interrupted or the functions contained in the service or the service will be corrected or the service is free of viruses or harmful components or server do not violate any intellectual property rights of any person or entity. STOX does not warrant or make any representations regarding the use or the results of the use of the service in terms of their correctness accuracy and reliability.
You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken from stock exchanges and other sources from around the world including third party service providers; (iii) STOX does not guarantee the sequence, accuracy, completeness, or timeliness of the Service or any information, facts, views, opinions, statements or recommendations contained in the Service; (iv) the provision of certain parts of the Service is subject to the Terms of Service of other agreements to which STOX is a party; (v) none of the information contained on the Service constitutes a solicitation, offer, opinion, endorsement or recommendation by STOX to buy o resell any security, stock or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any stock or investment; and (vi) the information provided on the Service is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.
STOX, its suppliers, contractors, agents, directors,officers, employees, representatives, successors, and assigns shall not,directly or indirectly, be liable, in any way, to You or any other person forany: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom occasioned thereby, or by any reason of non-performance.
You shall, and hereby agree to, indemnify and hold harmless, STOX and its officers,directors, shareholders, employees, agents, and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses(including attorneys’ fees), arising from or related to your (i) breach of, or failure to comply with, any term contained in these Terms of Service, (ii) use of the Website or any products or services of STOX, or (iii) use of, access to or other activity engaged in, on, through, related to or in connection with the Website or STOX.
9. Termination of the Service
You may terminate these Terms of Service by discontinuing the use of the Service any time.
You agree that STOX may, without prior notice,immediately terminate, limit your access to or suspend your STOX account, any associated email address, and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems,(e) extended periods of inactivity, (f) engagement by You of engagements of your account in fraudulent or illegal activities, and/or (g) non-payment of any fees owned by You in connection with the Services.
You agree that all terminations, limitations of access and suspensions for cause shall be made in STOX’ sole discretion and that STOX shall not be liable to You or any third party for any termination of your account, any associated email address, or access to the STOX. Any data You may have saved on the Services may be deleted within this clause.
Within the scope of the services and activities taken by STOX, You may not grant any sub-license and/or use rights and transfer or transfer to the services and activities You have received in any way, without any written permission STOX.
STOX may freely assign these Terms and all of the policies receivables and other documents incorporated or referenced in it(including all rights, licenses, and obligations under it or them), in whole or in part and without notice, for any reason, including for the purpose of internal restructuring or debt structuring. (for example, mergers or liquidations).11. Severability
Should any provision of these Terms of Service be invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the remaining provisions hereof. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision which closest reflects the purpose of the invalid or unenforceable term; the same applies by analogy to any gaps in these Terms of Service.12. Miscellaneous
Pursuant to these Terms of Service, STOX may make any notification to You, including termination and default, to the e-mail addresses and addresses given by You. As an evidence of receipt of these notices received by You records on STOX’s systems and computers will be considered as definitive evidence.
These Terms of Service and the other agreements contemplated hereunder contain all agreements between the Parties pertaining to the matters contemplated hereunder.
Notices pursuant to these Terms of Service shall be sent to the e-mail provided by You. You accept that You have the access to your e-mails and You will keep us up-to-date regarding your communication means including your e-mail, phone number and addresses. You will promptly inform us if You cannot access to your e-mails.
The failure of exercise by STOX of any of its rights under these Terms of Service shall not constitute a waiver of such right or provision nor an amendment of these Terms of Service. Section 4, Section 5,Section 6, Section 10 and Section 11 shall survive in event of termination of these Terms of Service.
These Terms of Service (including any non-contractual obligations in connection with this Terms of Service) shall be governed by and construed in accordance with the laws of Turkey. Istanbul Central (Caglayan)Courts and Execution Offices of Istanbul shall have exclusive jurisdiction in all disputes arising from and out of the execution of these Terms and usage of the Services.