PARATICA USER AGREEMENT
This Paratica User Agreement (“Agreement”) is an agreement executed by and between any person (“User(s)” or “you”) who sign up to www.paratica.com (“Website”) or our mobile applications (“Application”) (“Platform” collectively refers to the Website and Application) and Paratica Bilişim Danışmanlık ve Finansal Hizmetler A.Ş. (“Paratica” or “we”).
User and Paratica are individually referred to as the “Party” and collectively as the “Parties”
1. GENERAL PROVISIONS
1.1 Paratica put automatic trade and strategy bot where the cryptocurrency investors can build, customize and personalize their own strategy into service. In this context, Paratica operates as a service provider that provides online software services (SaaS) to Users via the Platform. Our software (“Software”) enables you to trade and invest in cryptocurrencies by means of an automatic crypto trader bot that solely you control and configure the settings and create the strategies.
1.2 THIS AGREEMENT CONSISTS VERY SIGNIFICANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. WE KINDLY ASK YOU TO READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM OR THE SOFTWARE (COLLECTIVELY AS THE “SERVICES”).
1.3 You can use the Services as expressly specified and permitted in the provisions of this legally binding Agreement. By clicking "I have carefully read, understand and accept the Agreement”, you expressly agree, declare and undertake that (i) you are bound by this Agreement, (ii) you have fulfilled your obligations set forth herein, (iii) you are not under the control of the jurisdiction that prohibits the use of services similar to those Paratica offers, (iv) you use the Services at your discretion and under your own responsibility. If you do not accept this Agreement, you will not be able to access and use the Services.
1.4 Paratica reserves the right to update or revise this Agreement at its discretion at any time. Such changes will become effective upon publication on the Website or release to the Users and as of the "Last Updated" date specified at the beginning of this Agreement. You agree to periodically review the terms and conditions of this Agreement. You agree and undertake to be bound by the most up-to-date version of this Agreement every time you access the Services. If you do not accept the updated or revised version of the Agreement, you must terminate your use of the Services.
1.5 In a nutshell, Software is a fully automated auto-trading system designed for crypto-currencies, that allows you to trade and invest in crypto-currencies through an automated crypto-trader bot whose settings are solely controlled and configured by you. Software is compatible with certain crypto-currency trading platforms and runs on the cloud.
1.6 Paratica offers the Services to the User, provided that the conditions in this Agreement are met by the User. If the user fails to comply with the commitments contained in this Agreement, s/he knows and agrees that all kinds of responsibility will belong to her/him and s/he will compensate for any damages of Paratica to be incurred. In this context, User agrees, declares and undertakes that Paratica has the right to stop the Services, terminate this Agreement and / or all agreements made with the User.
2. REGISTRATION AND USER ACCOUNT
2.1 Each User who uses the Services agrees, declares, and undertakes that all the information provided to the Paratica is complete, accurate and up-to-date.
2.3 The completeness and accuracy of any data provided and processed using the Platform are under the User's responsibility. The User may always check, update and correct incorrect, false, outdated or incomplete information. Paratica bears no responsibility for the User’s data and for the completeness or accuracy of such data.
2.4 If the User is entering into this Agreement as a legal person, in order to access and use the Services he must have the authority to sign a legally binding contract on behalf of this legal person in question, and share the Personal Account access information such as e-mail address and password related to the membership with other authorized representatives of the legal person.
2.5 Each User can have only one User account. The User can only use the Platform for the purpose of benefiting from the Services defined in this Agreement. Paratica may restrict, suspend or prohibit access to the relevant user accounts without notice, if there is more than one User account used by the same person.
2.6 Users must be over eighteen (18) years old. The User declares and undertakes that he / she is over 18 years old under this Agreement. Paratica may restrict, suspend or prohibit access to the relevant user accounts without prior notice when it detects that the User is under 18 years of age or has strong suspicion in this regard.
2.7 The USER must protect the login information of his/her account and keep his/her password strictly confidential. The loss and theft of usernames and passwords; Paratica cannot be held responsible for possible damages that may arise as a result of this. PARATICA shall assume that any transactions received from the USER account are made by the USER or under his/her supervision.
2.8 The User accepts, declares and undertakes that Paratica shall not be responsible for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of the personal account.
2.10 Paratica uses the secure Application Programming Interfaces (“API”) of the selected crypto-exchanges. The User may integrate the exchange account (“Exhange Account”) to the Paratica account with the secure API. The User may integrate more than one Exchange Account into the Personal Account. In order to integrate, the User must obtain a secure API connection through the relevant exchange platform and activate the Two-Factor Verification option. The User will access the API Key and Secret Key by confirming the verification at the address of the relevant exchange. The User may activate the transfer authorization through the exchange account by clicking the "Enable Withdrawal" button in this section at its discretion, however, we kindly remind you that Paratica never requests such authorization from the User, hence takes no responsibility for any damage resultant from giving authorization to such transaction.
2.11 Once the API is approved, the User may (i) design his/her own trading strategy on Platform by linking his/her exchange account and start auto-trade that he/she controls and configures the settings, or, (ii) have his/her own auto-trade system by copying the strategy sharing of experts who have previously designed their own strategy and made it available for other users than the User. In either case, Paratica cannot be held responsible for profit, loss and other risks that may arise from the User’s own choice.
2.12 The Personal Account provides the User with a free of charge access to “Dashboard”, “Paratica Blog”, “Paratica API”, “Experts”, and “Community” functions provided by Paratica. However, some functions is provided to the User only with a paid subscription.
2.13 The usage right provided to the User belongs exclusively to the User. No party other than the User will use the User's personal account, unless otherwise stated in this Agreement. Use of the Services by a third party requires a new contract between the third party and Paratica. In the event that the User allows third parties to use the Services without a separate agreement between Paratica and the third party, the User shall be deemed to have violated the intellectual property rights regarding the Services and the Agreement. In this case, Paratica may restrict, suspend or prohibit the User's right to access and use the Services.
2.14 It is forbidden to use the Platform rather than within the intended purpose and permitted use. The main purpose of the Personal Account is to provide access to the Software that allows the User to manage his Exchange Accounts. Any misuse of the Services or any use for other purposes, is not permitted. The User accepts, declares, and undertakes not to use the Personal Account and Services in order to: (i) upload, email, transmit or otherwise make available any content that is illegal, unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, obscene, libelous, violating someone else's privacy, hateful or racist, inciting violence, pornographic, unethical or otherwise prohibited or objectionable; (ii) impersonate any real or legal person, (iii) transmit or otherwise make available any content that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, which the User does not have the right to make available; (iv) engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software; (v) trade on platforms that shouldn't have access to; (vi) interfere with or disrupt the Software or servers or networks connected to the Software through actions, including but not limiting, hacking or bypassing any measure used by Paratica to prevent unauthorized access to the Software; (vii) violate applicable national or international rules and laws as well as the rights of third parties.
2.15 Failure to use the Personal Account or Services limits within the intended purposes and permitted use shall constitute a material breach of this Agreement. In such a case, Paratica has the right to terminate the User's Personal Account, without prejudice to other rights.
2.16 PARATICA MAY PROVIDE SUPPORT TO THE USER ABOUT THE SERVICES, HOWEVER, SUCH SUPPORT ONLY PROVIDES SOLUTIONS AND ADVICES REGARDING THE FUNCTION OF THE SERVICES AND SHALL NOT MEAN ANY INVESTMENT OR LEGAL ADVICE.
3. OFFERS, PRICES and PAYMENT
3.1 Certain functions of the Software, other than those specified in Article 2.12. of this Agreement, are only available to the Users who subscribe to one of the "Silver", "Gold" or "Platinum" subscription plans.
3.2 The User may choose the appropriate one from the various membership plans provided by Paratica on the "Pricing" page on the Website or on the "Purchase" tab of the Personal Account, or create his/her own custom plan. Subscriptions are offered in monthly, quarterly, six-month and twelve-month packages.
3.3 The User may upgrade his subscription at any time. In such a case, the new subscription will be activated immediately after the payment has been processed, regardless of the remaining time on the old subscription. The new subscription's fee will be calculated by deducting the part which is equal to unused days in the old subscription, meaning that the User will only pay the difference between the new Subscription payment and the proportion of funds not used under the old Subscription.
3.4 The price for the usage of the Services is determined exclusively by Paratica. Paratica does not make any commitment regarding the prices for the Services. If Paratica increases the subscription prices, such an increase will only be applied to subscriptions purchased after the effective date of the relevant price update.
3.5 The fee for the selected Subscription is the fee advertised to the User on the Platform at the time the order is placed and which may vary depending on any promotion or discount terms, geographical location or residence, chosen payment method and other factors. The User may view the fee charged for the use of the Services at any time through the "Order History" section of his Personal Account after the payment transaction is completed and approved by the third party payment service provider.
3.6 The User agrees, declares, and undertakes that all prices, discounts, and promotions advertised on the Platform may be changed by PARATICA without any prior notice.
3.7 The payments made for the Platform may be subject to Value Added Tax ("VAT") in accordance with the law of the jurisdiction the User is subject to. Paratica shall accrue and collect the appropriate rate of VAT depending on the location automatically determined by the IP address of the User's device and/or manually provided by the User to Paratica when entering the billing address. Paratica only applies the applicable VAT rate in the respective country and VAT is included in the fee. In case of any concern about the VAT collected by Paratica according to the location determined automatically, the User must provide: (i) the billing address where the software will be used, v(ii) the address data in the Software at the time of the payment, and (iii) any valid proof of this address.
3.8 All offers and free trials on the Platform are without obligations but subject to this Agreement.
3.9 Paratica reserves the right to cancel any suspicious or erroneous purchase due to typographical errors, technical inaccuracies, inaccuracies and miscalculation of the fee due to negligence.
3.10 Paratica accepts payments with valid fiat currencies within the scope of the applicable legislation. The User is free to choose any payment method available on the Platform. However, Paratica does not guarantee the availability of all payment methods at all times and may temporarily or permanently add, remove or suspend any payment method at its discretion. Paratica cannot be held liable for any additional fees, deductions or taxes that may be imposed by the User's bank or payment service provider during the payments made.
3.11 The User guarantees that (i) the payment information he provided to Paratica and any payment service provider of Paratica is accurate, correct and complete, (ii) he has the authority to use the payment method he provided, (ii) he will pay the charges incurred by him, and if any, applicable taxes regardless of the amount quoted on the Platform at the time of the order.
3.12 Unless otherwise required by corporate policies or applicable legislation, Paratica has no obligation to provide a refund or offer a promotion / campaign to the User. Due to the nature of the Services, Paratica will not grant any refund without clear, justified and legitimate reasons.
4. FREE TRIAL
4.1 The User may use the Free Trial version for a limited time determined by Paratica. The User agrees to be bound by this Agreement and more specifically by Article 4 of the Agreement which specifies the terms and conditions regarding the Free Trial, by gaining access to the Platform.
4.2 Paratica may refuse User's request for a Free Trial at any time, without the obligation and any reason.
4.3 In order for gaining access to the Free Trial, the User must complete the registration process explained in Article 2 of this Agreement. The User may terminate the Free Trial before it expires, at any time and for any reason.
4.4 The Free Trial will start with Paratica's approval of access to the Free Trial and shall terminate at the end of the period determined by Paratica for the Free Trial, or at the beginning of any Subscription plan purchased by the User.
4.5 Paratica reserves the right to terminate the use of the Free Trial and the products or services offered in connection with them at any time and for any reason, with or without any reason, without prior notice and without any liability or any further obligation to the User or any other party.
5. SUSPENSION OF FUNCTIONS, SERVICES OR PLATFORM
5.1 Paratica reserves the right to make any changes in the Services, Platform and its functions.
5.2 Until all the conditions have been clarified, and if necessary, Know Your Customer procedures have been carried out and it is determined that the User has been fulfilled all the conditions, Paratica may suspend or interrupt the Services, either entirely or partly, without any liability to the User.
5.3 The reasons for the interruption or suspension are, but not limited to: (i) required for repair, maintenance, security updates; (ii) the User’s failure to pay Subscription payment; (iii) when the actions or neglects of the User’s relating to the use of the Services interfere with or prevent the normal operation of the Software or otherwise cause, or are likely to cause, harm, damage or other effects to the Software, Paratica or other Users than the User; (iv) reasonable and sufficient suspicion that the User's identity information is being used by unauthorized third parties; (vii) the User's refusal to provide necessary explanations and clarifications requested by Paratica within the given period; (viii) any other reasons that Paratica may determine from time to time. Suspension or interruption of the Services, Platform or the functions for the reasons set forth herein shall not relieve the Users from their obligation to pay the applicable fees.
5.4 Paratica endeavors to notify the Users as far as is reasonably possible in advance about the suspension or interruption, or if prior notification is not possible due to the urgency of the reasons requiring suspension or interruption without undue delay.
6. INTELLECTUAL PROPERTY
6.1 The use of intellectual property rights regarding the Services belongs exclusively to Paratica. The Software, Services, trademarks, patents, licences, strategies and any other intellectual property rights displayed or otherwise made available through the Platform are exclusively the property of Paratica. Except for the rights specified in this Agreement, nothing mentioned here does not mean that the intellectual property rights regarding the Services are transferred to the User. Giving the User the right to use the Services does not in any way terminate or limit Paratica's intellectual property rights on the Services and does not affect Paratica's right of disposition on the Services. The User agrees, declares and undertakes to comply with the Turkish Commercial Code, Industrial Property Law, Law on Intellectual and Artistic Works, Turkish Penal Code and other relevant legislation while fulfilling its obligations regarding the intellectual property rights of Paratica.
6.2 Paratica grants the User a personal, non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use, only as stated in this Agreement, during the period the User accesses to the Services. This Agreement only grants a limited license to access and use the Services. Therefore, the User hereby agrees that when using the Services, Paratica does not transfer the Services or the ownership or intellectual property rights of any of Paratica's intellectual property to the User or anyone else.
6.3 Any other use of the Services is expressly prohibited. All other rights are reserved by Paratica and its licensors. Under no circumstances, the User may sell, resell, participate in the transfer or sale of, copy, transmit, distribute, create derivatives works of, license, sublicense, assign, rent or lend to anyone else, reproduce, reverse engineer, disassemble, modify, publish, display, incorporate into another website, transfer electronically or optically, convert into source code, reverse-engineer or modify, or in any way exploit any other part of the Services in whole or in part for commercial or non-commercial purposes.
6.4 Notwithstanding that Paratica may terminate the Agreement in case the User violates the rules of usage right or intellectual property rights in part or all; in addition, it may restrict, suspend or prohibit any accessing and using rights of the User to the Services without notice. Paratica reserves the right to seek legal remedies in accordance with the applicable legislation in case of such a violation.
6.5 Paratica agrees, declares and undertakes that it will not make profit from the strategy developed and designed by the User during the use of the Services and it will not use the strategy in line with its own interests, and the intellectual property rights of the strategy belong exclusively to the User who developed the strategy.
7.1 Each Party declares and undertakes to keep confidential and safeguard all information, which may be obtained in any way within the scope of this Agreement, including but not limited to, corporate information of the Party, trade secrets, strategies, know-how, ideas, inventions, trademarks and patents, copyrights, software, source codes, research, marketing information, customer information, financial status, internal regulation and procedures, database, computer programs, designs and documents and images of such designs, encryption technics, advertisements, packaging and marketing plans, product plans, technical plans, sale information, production information, trade information, business strategies, business plans, information related to partners, engineering information, personnel information, product designs, specification, proposals, data, graphs, formulas, processes, samples, reports, memorandum, contracts, whether disclosed in writing, verbally or electronically; that it shall not use such information for any purpose other than that set out in the Agreement; and that it shall not allow the use of third parties of such information or disclose such information to third parties without the disclosing Party’s written consent.
7.2 Paratica shall disclose confidential information only to its employees and its suppliers who must know such information in order to carry out the obligations hereunder.
7.3 Each Party shall notify such persons of the confidentiality commitment specified in this article, and be jointly and severally liable for any breach of such persons to this confidentiality commitment.
7.4 This confidentiality commitment shall remain in force after the termination of this Agreement for any reason.
8. PROTECTION OF PERSONAL DATA
8.1 Paratica may collect, use, process and store personal data of the User for the purposes of performing its contractual obligations, providing updates to the Platform, ensuring the proper use of the all kind of Services under this Agreement and complying with its legal obligations etc. in accordance with the Turkish Personal Data Protection Law numbered 6698 (“KVKK”), the EU General Data Protection Regulation (“GDPR”) and other applicable legislation.
8.2 The User shall be solely responsible for any personal data that he/she uploads to the Platform. In terms of such personal data, Paratica shall be accepted as a data processor and the User shall be accepted as a data controller under the KVKK and the GDPR. Paratica may use information of the User including any personal data uploaded to the Platform, by anonymizing them.
8.4 The User or the data subject may apply to Paratica in order to exercise his/her rights under Article 11 of the KVKK and Articles 15 to 22 of the GDPR. The User or the data subject is required to submit his/her application to Paratica in writing, with the information and documents verifying his/her identity. Upon the request of the User or the data subject, Paratica may accept or reasonably reject the application. In any case, Paratica shall notify the User or the data subject in writing or electronically of its response to the User’s request. Paratica, upon the acceptance of the request in the application, shall duly fulfil the request of the User. If such request is made due to the Paratica's fault and the User or the data subject has paid a fee during the application process, Paratica shall return this fee to the User or the data subject.
9. TERMINATION AND CANCELLITION
9.1 The term of the paid subscription shall remain in effect as long as the User made the payment, subject to any renewal.
9.2 This Agreement, which sets out the details of the membership and service relationship, will remain in effect until terminated by any of the Parties or until the end of the membership period if the membership period is not extended by the User.
9.3 The User may delete his Personal Account at any time without any reason, through the Account Settings via the Platform. Before deleting his Personal Account, the User must remove any connected Exchange Accounts that integrated by the User into his Personal Account, and close any open trades and bots. Once the User has completed all its obligations, the Personal Account will be closed within seven (7) days. Within these seven (7) days, the User may reactivate the account by logging in again and canceling the termination of the Personal Account.
9.4 If Paratica detects unauthorized or suspicious actions, it may temporarily block the personal account until all conditions are clarified by the User, as well as terminate this Agreement if the necessary explanations are not provided by the User within the requested period.
9.5 Regardless of who requested the termination, termination of the Personal Account shall mean that Paratica will immediately cease the User's access to the functions of the Services provided and all other products and services offered with it.
9.6 Paratica may terminate or suspend your access to the Services made available in connection with Paratica, at any time and for any reason, with good cause, without prior notice to you and without any liability, compensation or further obligation of any kind whatsoever to you or any other party.
10. THIRD-PARTY CONTENTS
10.1 Any content provided through the Platform is intended for informational use only. The User is recommended to make personal analysis before making any investment, and independently self-research, investigate and verify, or seek advice from an independent professional financial advisor on any information provided by Paratica or Third Parties, before making an investment decision.
10.2 Any kind of content, data, information or publication made available through the Platform is provided by Paratica for convenience and information purposes. Any ideas, advice, statements, services, offers or other information made available by Third Parties are those of the respective authors and publishers, and have no relation with Paratica. Paratica has no control over such information, content or data or whatsoever made available by Third Parties. Paratica disclaims no warranty or guarantee, either express or implied, that such information, content or data is accurate or complete. The User acknowledges, declares and undertakes that Paratica shall not be responsible for any loss, damage, suffer, expense or other losses caused by, arising out of, or in connection with such information or the User's reliance on such information.
10.3 Paratica bears no responsibility for the content, advertisements, projects and other resources made available by Third Parties on the Platform.
10.4 Links to Third-Party Platforms included on the Platform are provided for the convenience of the User. Third Party Platforms and any link or content contained in such Third Party Platforms are not under the control of Paratica, their use is subject to the terms and conditions of this Third Party. Paratica is not responsible for the content of Third Party Platforms. The content of such links does not imply a recommendation or endorsement by Paratica of any such Third Party Platform or the products or services or information provided therein. The User agrees to bear all the risk on deciding to access any Third Party Platform information linked to the Platform.
11.1 Paratica will reasonably endeavor to ensure that the Platform, Services and any product or service or item provided by or on behalf of Paratica are available and accessible, however, it does not give any guarantee our assurance that those will always be available, accessible, correct or up-to-date. The Platform, Services, and any products or item provided by or on behalf of Paratica are offered, without any kind of warranty, on an "AS IS" and "AS AVAILABLE" basis. Paratica is not obliged to ensure that those can be accessed at all times without any interruptions, faults or malfunctions, and does not bear any liability for this.
11.2 The Platform and Services may be inaccessible or unavailable in cases including but not limited to: (i) any error or malfunction in the Software, (ii) in any way used of the Software outside the scope of its intended access and its intended usage, (iii) any problem or malfunction related to the User’s device, (iv) technical malfunctions.
11.3 The User acknowledges that the use of the Platform and the Services is provided over the internet and mobile networks, therefore the availability and quality of the Platform and Services may be affected by factors outside of the acceptable control of Paratica.
11.4 Paratica shall not be held responsible for any interruptions or delays arising outside of the reasonable control of Paratica, including but not limited to, natural disasters, acts of government, war or other conflicts, civil riots, natural events, fires, floods, blizzards, earthquakes, explosions, embargoes, acts of terrorism, epidemic, power outages, equipment failures, industry or workforce disputes, third-party software or communication method.
12. WARRANTY DISCLAIMER
12.1 PARATICA DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. PARATICA IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE PLATFORM SHALL CONSTITUTE OR BE CONSTRUED AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS BY PARATICA OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY PARATICA. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK, AND THAT PARATICA IS NOT RESPONSIBLE FOR (I) YOUR USE OF THE INFORMATION YOU OBTAINED ON THE SOFTWARE, (II) HOW YOU INTERPRETATED THEM, AND (III) YOUR DECISIONS MADE IN RELIACE ON THE PRODUCTS OR SERVICES IN THE SOFTWARE AND BASED ON YOUR INTERPRETATIONS.
12.2 PARATICA DOES NOT MAKE ANY OPINION ON THE LEGAL STATUS OR LEGALITY OF CRYPTO ASSETS, OR ON ANY LEGAL MATTERS RELATED, IT IS YOUR SOLE RESPONSIBILITY TO ASSESS THE COMPLIANCE WITH THE LAW.
12.3 PARATICA IS NOT AN ISSUER, OPERATOR, ADMINISTRATOR, OR HOLDER OF ANY CRYPTO ASSET. PARATICA IS NOT RESPONSIBLE FOR THE SECURITY, PRICE, VOLUME AND OTHER QUALIFICATIONS OF PURCHASES MADE IN CRYPTO MONEY EXCHANGES.
12.4 SOME CONTENT OFFERED ON THE PLATFORM IS PROVIDED BY THIRD PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY USERS. PARATICA DOES NOT REVIEW ALL CONTENT FOR ACCURACY, COMPLETENESS OR RELIABILITY, OR DOES NOT ALWAYS WARRANT THEIR ACCURACY, COMPLETENESS, RELIABILITY, VALIDITY, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OTHER MATTERS.
12.5 PARATICA SHALL ENDEAVOUR TO ENSURE THE ACCURACY OF THE INFORMATION IN THE PLATFORM, HOWEVER IT SHALL NOT HELD ANY RESPONSIBILITY FOR INCOMPLETE, MISSING, WRONG OR INCORRECT INFORMATION.
12.6 YOU ACKNOWLEDGE THAT THE PERFORMANCE OF THE PLATFORM AND THE SERVICES ARE DIRECTLY LINKED TO THE PERFORMANCE OF NON-RELATED THIRD PARTY SERVICES. PARATICA DISCLAIMS ALL RESPONSIBILITY OF FAILURES IN THE PERFORMANCE OF THE PLATFORM OR THE SERVICES, CAUSED BY NONPERFORMANCE OF NON-RELATED THIRD PARTY SERVICES.
12.7 PARATICA DOES NOT WARRANT OR GUARANTEE FOR THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET ALL THE REQUIREMENTS OF USERS; (II) THE SOFTWARE WILL BE NONSTOP, UP-TO-DATE, CURRENT, SECURE AND ERROR-FREE; (III) THE RESULTS OBTAINED BY USING THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (IV) DEFECTS WILL BE CORRECTED.
12.8 YOU ACKNOWLEDGE THAT NO CONTENT ON THE PLATFORM IS DESIGNED FOR THE SPECIFIC NEEDS OF ANY INDIVIDUALS, ORGANIZATION, ENTITY OR GROUP OF INDIVIDUALS.
13. LIMITATION OF LIABILITY
13.1 In no case Paratica shall held be liable to the User or any third party for consequential damages, incidental damage, loss of profits, loss of revenues, or indirect damages of whatsoever nature.
13.2 Paratica and its respective directors, officers, employees and agents shall not be held liable directly, indirectly, incidentally or exclusively damages which may be incurred by the User in connection with the use of the Services, however caused and under any theory of liability, including but not limited to loss of profit, lost opportunities, loss of data suffered, or other intangible loss.
13.3 In any case, the total aggregate liability of the Paratica to the User shall not exceed the amount that user paid as the service fee for Paratica.
14.1 To the maximum extent permitted by applicable law, the User agrees to defend, indemnify and hold harmless Paratica, its affiliates, contractors, licensors, and its respective directors, officers, employees, agents, service providers, and assigns from and against any claims, actions, liabilities, judgments, losses, costs, expenses, proceedings, investigations, demands, suits, damages, and fees (including but not limiting attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to the User's (i) use of, or conduct in connection with, the Platform other than as expressly authorized in this Agreement, (ii) breach or the enforcement of this Agreement, or (iii) violation of any applicable law, regulation, or rights of any third party during usage of the Services.
15. MISCELLANEOUS PROVISIONS
15.1 The User shall not, without the prior written consent of Paratica, assign, transfer, charge or provide free of charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
15.2 THE USER AGREES THAT CRYPTOCURRENCIES ARE A NEW TECHNOLOGY AND CRYPTOCURRENCY MARKET MAY BE VOLATILE, UNSTABLE AND RISKY. THE USER IS AWARE OF THE EXISTING RISKS FOR THE PURCHASE, SELLING, HANDLING AND USE OF CRYPTOCURRENCIES, ACKNOWLEDGES THAT HE MAY LOSE SOME OR ALL OF HIS INVESTMENT AND FUNDS, AND THAT ALL RESPONSIBILITY FOR THESE RISKS IS ONLY AT HIS/HER OWN.
15.3 The various provisions of this Agreement are severable and if any provision or part thereof of this Agreement shall be held to be invalid, null or unenforceable by any competent authority, then such invalidity, nullity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Agreement.
15.4 The Parties agree that if a Party failures or delays to exercise any right or remedy provided under this Agreement or by applicable law, this shall not constitute a formal waiver of its rights or remedies, nor shall it prevent or restrict the further exercise of that or any other right or remedy, and no single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15.5 Paratica may transfer its rights and obligations under this Agreement to a third party. In such a case, Paratica shall inform the User in advance. If the User does not accept the transfer, he will be able to terminate his Personal Account immediately.
15.6 The User cannot transfer any of his rights or obligations under this Agreement without the prior written consent of Paratica. Any purported assignment or authorization in violation shall be deemed null and void. No transfer or authorization does not eliminate any of the User's obligations under this Agreement.
15.7 Nothing in this Agreement is intended to or shall operate to create a partnership between the Parties, or authorize either Party to act as agent for the other, and neither Party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
15.8 The Parties hereby agree that this Agreement and the provisions hereof shall be governed by and construed in accordance with the laws of Turkey.
15.9 The Parties shall attempt to settle any controversy, dispute or disagreement between them amicably by communicating a notice of dispute to the other Party. If the Parties fail to reach an amicable resolution within thirty (30) days after the dispute notice is communicated to the other Party, any disputes arising out of, or in connection with the present Agreement shall be finally settled through arbitration under the Istanbul Arbitration Centre Arbitration Rules at the Istanbul Arbitration Centre. The place of arbitration shall be Istanbul/Turkey, the language used in the arbitral proceedings shall be Turkish, the number of arbitrators shall be three (3) and the law applicable merits of the dispute shall be Turkish.
15.10 This Agreement consists of 15 (fifteen) articles and shall enter into force upon the acceptance of the Agreement by the User or the use of the Platform.