PRELIMINARY INFORMATION TEXT FOR TERMS OF SERVICE

The Terms of Service (“Agreement”) herein and other rules contained in the website www.bitmatrix.com (“Site or Website”) regulate the terms and conditions of the services offered by Attivo Bilişim A.Ş. As an integral part of the Agreement herein, all policies and rules, together with the other documents contained in the Site, constitute the appendix to this Agreement.

This Agreement is executed by and between you and Attivo Bilişim A.Ş. (“Provider” or “We/Us”), resident in Maslak mah. Maslak Meydan sok. Beybi Giz Plaza 1/39 Sarıyer-ISTANBUL, with MERSİS (Central Registration System) no. 0103096565800001, as per the provisions of the Regulation on Distance Contract (“Regulation”).

Our phone and registered electronic mail address are as follows:

Provider’s phone (212) 376 31100

Provider’s registered electronic mail address:attivobilisim@hs03.kep.tr

By using our services, you hereby agree to and accept all terms and conditions of the Agreement.

Within this framework, up-to-date information in relation to the type, ratio and amount of any kind of fee to be collected from you for services to be provided to you by Us, subject to the provisions of this Agreement, is given clearly and transparently on our Website (https://www.bitmatrix.com/cms/komisyon-ve-islem-limitleri).

Information pertaining to the precautions taken by the Provider for the security of the Site and Crypto Assets, and to the security policies, can be accessed on www.bitmatrix.com. The User is personally responsible for the security of their personal account (against stealing of user name, password, mobile phone, phishing and similar e-frauds and hacking). In the event of personal security breach, the security precautions and policies applied by the Provider to maintain the Website and Crypto Assets may not provide sufficient protection for the User. The User irrevocably accepts, undertakes and declares that the Provider cannot be held responsible for any losses and damages that the User incurs due to the User’s fault, and the User absolves the Provider of said liabilities. Crypto Asset trading, transfer and custodian services are provided to you as part of the Crypto Asset trading platform that we provide via our Website. The Provider is not the owner, issuer or seller of the Crypto Assets subject to the trading transactions executed on this Site. The Provider shall enable trading of the Crypto Assets in a secure, transparent, competitive, efficient and consistent environment, and ensure the execution of trading orders through matching method, of payments between seller and buyer (exchange), and ensure secure custody of the Crypto Assets. The User should have the necessary licensed and up-to-date protective software, browser and operating system to use the platform. Moreover, the User should own Google Authenticator and/or (Fido U2F) hardware that can be used for this purpose to conduct Two Factor Authentication (2FA).

The Provider does not declare, guarantee or undertake whether or not the content provided by the Users and Crypto Assets offered for sale are legal. Accordingly, under no circumstances may the Provider be party to any dispute between the buyer and the seller, nor may the buyer and/or seller make any claim against the Provider.

Users reserve the right of recourse to the consumer court or consumer arbitration committee for any disputes which may arise between Users and the Provider pertaining to the service provided by the Provider to the Users.

The price of the Crypto Assets subject to trading transactions executed on this Site may vary depending on (i) fluctuations in financial markets, (ii) fluctuations in Crypto Asset markets and (iii) demand supply balance, and since this matter is beyond the Provider’s control, and all transactions regarding the Crypto Assets cannot be cancelled and revoked due to their nature, the Crypto Asset trading and transfer transactions are definite and binding, and cannot be cancelled or revoked.

The Provider does not guarantee and undertake the payment of Crypto Assets to the User by converting them into TL. Upon request the Provider is liable for transferring the User’s Crypto Assets into a wallet determined by the User.

TERMS OF SERVICE

Article 1 - DEFINITIONS

1.1. Provider: Refers to Attivo Bilişim A.Ş. with its official residency in Maslak mah. Maslak Meydan sok. Beybi Giz Plaza 1/39 Sarıyer-ISTANBUL.

1.2. Crypto Asset/s: Digital values that can be transferred to any place in the world and has/have same nominal value everywhere, cannot be controlled by either real persons or legal entities, does/do not have any central control point, the price of which changes according to the demand supply balance, that ensure/s cryptographic/encoded secure transaction and enable/s additional virtual money/asset supply. The price of the Crypto Assets on the Site originates by means of the supply demand relationship between the Users.

1.3. Crypto Asset Wallet: Refers to a computer file storing your Crypto Assets addresses and their passwords. Crypto Assets can be transferred between the related addresses. Such Crypto Asset addresses are the open cryptographic key matches.

1.4. User/s: Means real person/s becoming a member of the Site and benefiting from the services provided by the Provider on the Site.

1.5. Site or Website: refer to the website with the domain name www.bitmatrix.com and its sub domain names.

Article 2 - SUBSCRIPTION

Subscription is completed once you submit your identity and residency information, and other personal information, to the Site and submit the necessary documents via the digital environment, and the Provider conducts the necessary checks and verifications pertaining to money laundering and financing of terrorism. The Provider reserves the right to request additional information/documents from you. The Provider also reserves the right to reject subscription requests by persons that it deems inappropriate as per its procedures and policies without showing any reason whatsoever. Anybody completing subscription to the Site is deemed as a User. This Agreement is valid and binding for all Users. This Agreement enters into force for new users on the date of completion of the subscription.

Users must keep up-to-date any and all personal information that they declare during the subscription to the Site. The User is responsible for any kinds of losses that is incurred or will be incurred due to not abiding by this liability, and under no name can the User claim anything from the Provider due to this reason.

Article 3 - SCOPE

The Crypto Asset trading platform provided by Us via the internet enables Users to buy, sell and transfer the Crypto Assets traded on the Site and store the Crypto Assets they own securely. The Provider is not the owner, issuer or seller of the Crypto Assets subject to trading transactions executed on this Site.

The Provider does not declare, guarantee or undertake whether or not the content provided by the Users and Crypto Assets offered for sale are legal. Accordingly, under no circumstances may the Provider be party to any dispute between the buyer and the seller, nor may the buyer and/or seller make any claim against the Provider.

Article 4 - SERVICES

The Provider provides, in brief, a Crypto Assets trading platform to the Users. Using the platform, Users who want to buy or sell Crypto Assets can trade among themselves by means of generally accepted order matching mechanisms. In addition to the platform service it provides, the Provider also executes exchange transactions for the payments arising from the Crypto trading between the Users. The Provider ensures the transfer of the Crypto Assets that the User owns to another account. Users who do not transfer their Crypto Assets to another address, and store them on the platform, begin using the custody services offered by the Provider.

By means of benefitting from the Site’s infrastructure, the sellers and buyers give buy or sell orders according to the amount and price of the Crypto Asset. The Provider ensures that orders are matched as per their price and timing priority. Order types and validity periods are determined by the Provider.

The Provider bears no responsibility for any taxes, duties, charges or similar liabilities that may arise from Crypto Assets trading, and/or associated transactions executed by benefiting from the service it provides. The User is responsible for all taxes, duties, charges and similar liabilities arising from the use of the Site.

The Provider is not responsible or liable for checking the contents provided by the seller and/or buyer, researching whether there is any activity or situation against the law/legislation related to this content or Crypto Assets subject to content. If the Provider suspects that Crypto Assets are being used maliciously, acquired unlawfully, and detects or suspects that they are being used for laundering of Assets and/or financing of terrorism or other illegal purposes, then the Provider has the right and authority to cancel the User’s subscription immediately, even if it has been approved, and ban the User from using the platform thereafter.

The Provider has the right to offset the service fees that Users are liable to pay as part of the liabilities under this Agreement, and/or any expenses that the Provider may incur from the amounts that the Provider owes or will owe to the Users, without any need for notification or approval, and the Provider reserves the right to use its pledge, custody and exchange right on any sorts of rights, receivables, assets and other assets belonging to Users and stored with the Provider.

Users accept and undertake not to act in such a way as to manipulate the operation of the Site, and not to make deceptive, fraudulent or misleading transactions to the detriment of the Provider. Users accept and declare that they shall be liable for all direct and indirect losses and damages, including but not limited to attorney fees and cost fees that the Provider may incur due to Users’ transactions contrary to their commitments regulated under this article and the Agreement, and the Provider reserves the right to serve criminal complaint against anyone committing these actions to the Office of the Chief Public Prosecutor’s Offices.

Article 5 – TERMS OF USE

Execution of the following transactions when you enter the Site or use the services provided by the Provider shall be considered as explicit breach of the Agreement:

1. Contravention of the regulations, violation of personal rights of third parties and/or breach of this Agreement or its annexes,

2. Use of the Provider’s services in the event of legal incapacity (being minor etc.) or being banned from the subscription,

3. Manipulation of Crypto Asset prices,

4. Transfer of user account or name without the written approval of the Provider,

5. Spam, unrequested or bulk electronic communication or chain email delivery,

6. Distribution of viruses or technology that may harm the Provider or Users,

7. Damaging the Provider’s infrastructure, system, including behaviors disrupting the User profile assessment system,

8. Entering the Site via robot, or automated entry method for any reason whatsoever,

9. Collecting, storing Users’ email or other personal data and sharing them with third parties without said Users’ prior written approval,

10. Resell, share, distribution, copy, reproduction and processing of any part of the Site that is subject to intellectual and/or industrial property rights (including but not limited to design, text, image, html code and other codes),

11. Setting as a User name any expressions that are similar to the Provider’s brand and/or title, or determining User names in such a way as to violate the rights of third parties, including their brands,

Article 6 - FEES

Fees, commissions and other financial liabilities in connection with Crypto Asset trading to be executed on the Site are submitted for the acceptance and approval of the User. The Provider has the right to unilaterally amend its pricing policy and prices. In such cases, all updated fees, commissions and other financial liabilities are announced on the web site.

Bitmatrix is a crypto asset trading platform and it does not solely provide custody or wallet service to users that are not trading. The Provider has the right to apply an “inactive account custody fee” to a maximum of 0.5% of the total crypto asset in Bitmatrix platform, excluding VAT, provided that it shall not be less than TL 25 for each month after 6 consecutive months of users not executing trading transactions. The fee is deducted from the crypto asset amount held by the user.

The Provider, in cases when it deems necessary, including but not limited to the following, reserves the right to offset any loss or damage that it incurs or may incur in the future due to reasons arising from the buyer and/or seller, or due to misuse of the system, and/or payments or penalties that the Provider had to pay or may have to pay in the future to third parties or public institutions from any kinds of receivables, rights and other assets that the buyer and/or seller has acquired or will acquire via the Site, and also the Provider reserves the right to use its pledge, custody, transfer, exchange right on said receivables, rights and other values of the buyer and/or seller.

a- All payment items, including court fees, that the Provider had to and/or will have to pay as a result of any decisions made/to be made by the judicial authorities,

b- All damage and loss items incurred by the Provider in consequence of abuse or misuse of the system,

c- Due to the buyer and/or seller (i) the administrative penalties and all other amounts that the Provider had to or will have to pay to public institutions and organizations, and moreover (ii) any types of payment that the Provider has made or will make to third parties. [In avoidance of doubt, if any real or legal person makes any claim/demand against/from the Provider owing to reasons arising from the buyer and/or seller, sole correspondence and responsibility for said claim/demand shall lie with said buyer/s and/or seller/s, and shall absolve the Provider from any such disputes or compensation demands. In such cases, the Provider shall notify any such demand (related warning letter, lawsuit, execution or other recourse and procedures) it may receive to the buyer and/or seller, and without following up the related warning letter, lawsuit, execution or other legal procedure, the Provider shall reserve the right and option to request that the buyer and/or seller follow-up the related procedure, and the Provider shall bear no responsibility for any losses that may occur. If the Provider makes any payment in this regard, all paid amounts shall be fully reimbursed to the Provider in cash by the buyer and/or seller. The buyer and seller hereby accept and undertake that they are severally responsible to the Provider.]

Article 7 – INTELLECTUAL PROPERTY

Including but not limited to the Site’s design, image and html code, the Provider is the only owner of all content created by the Provider on the Site and the Provider’s brand and logo, as well as all services, domain names, software codes, interfaces, contents, product examinations, videos, algorithms, drawings, models and designs related to the service provided on the Site, and all other intellectual and industrial properties.

Users cannot use, share, distribute, exhibit, reproduce or perform similar related works to the Provider’s work, subject to intellectual property rights, and/or components subject to industrial rights.

The Provider does not allow copying, reproduction or distribution of the Provider’s work, subject to intellectual property rights, and/or components subject to industrial property rights, and does not allow reverse engineering of the same.

The User accepts, declares and undertakes not to act contrary to these provisions. Any action by the User that contravenes these provisions shall be deemed sufficient reason for the unilateral and rightful termination of the Agreement by the Provider, and in such case, the Provider reserves all legal rights.

Article 8 – RIGHTS AND LIABILITIES OF THE PARTIES

1. You, as the User, hereby accept that the Provider bears no responsibility in any legal proceedings, investigation or lawsuit to be opened against the Provider pertaining to any transactions that you may execute by means of the Site, and in such case, you accept to provide all necessary information and documents as soon as possible for the Provider to defend itself.

2. The Provider always reserves the right to disable or cease the services offered on the Site for access by Users and other third parties. The Provider may use this right without any prior notification or justification, and without giving time. Disablement or cessation of said services by the Provider for access by Users and other third parties shall not generate any compensation liability against the buyer and/or seller (Users).

3. Provided that the Provider reserves its other rights arising from the Agreement herein, the subscription of any User who is determined to have acted against the provisions of the Agreement and/or rules specified on the Site may be suspended or cancelled.

4. You hereby accept that the Provider may monitor and process any kinds of communication among Users via the Site and its content; and keep or withhold the registries related to this content for a period determined by the legal regulations, and share the same with any persons it deems appropriate as per the LAW ON PROTECTION OF PERSONAL DATA DISCLOSURE TEXT.

5. The User accepts, declares and commits that he/she is above 18 years of age. The User is responsible for any and all losses that may arise from providing this information faultily or untruthfully. If the Provider discovers that the User has given faulty and/or untruthful information, the Provider reserves the right to immediately terminate the Agreement unilaterally, and cancel, cease or suspend the User’s account without giving any notification. The Provider shall not be held liable for any losses arising therefrom.

6. While subscribing to the Site, the User is responsible for (i) the accuracy and confidentiality of the information provided, (ii) protection of the password and user name used, and not sharing them with third parties. The User accepts, declares and undertakes that the User shall not request anything from the Provider under any name whatsoever, and accordingly the User irrevocably absolves the Provider from all recourse.

7. Users cannot transfer, sell or grant their account and rights to third parties after subscribing to the Site, and cannot allow third parties to use their account and rights under any name whatsoever. If it is discovered that the User has acted contrary to this article, then the Provider reserves the right to cancel, cease or suspend the User’s account without any need for prior notification. The User accepts that they irrevocably absolve the Provider of all recourse arising from using these rights. The User is responsible for all losses arising as part of this article, and all penal sanctions shall apply to the User.

8. The User can only have one account. The User can only use the Site for the purpose of using the services defined under this Agreement. You may not use an account that does not belong to you. It is forbidden to sign into other Users’ accounts, or to cooperate with unauthorized persons in this respect. In such cases, the Provider reserves the right to cancel, cease or suspend the account/s belonging to the User, and/or in use by the User, without any prior notification. The User accepts, declares and commits that the Provider bears no responsibility pertaining to these transactions, and the User irrevocably absolves the Provider from all recourse in this matter. All legal and penal liabilities that have arisen and will arise due to the situations mentioned in this article shall apply to the User.

9. Users must document their identity and address information for transactions in Turkish Lira (both for deposit and withdrawal transactions). In the event that Users fail to document their identity and address information, the Provider shall not allow the execution of any transaction from the User’s account. Identity and address information are requested from Users for the purpose of ensuring that the system aligns with Turkish Republic legislation, and such information will be shared with the courts and authorized bodies upon request. Moreover, Users accept, declare and commit that the Provider may process and share the Users’ personal data as per the LAW ON PROTECTION OF PERSONAL DATA DISCLOSURE TEXT.

10. The User is responsible for all types of losses and damages arising or to arise from usage of the Site by the User. Provided that the Provider fulfills its commitments pursuant to the Agreement herein, under no circumstances shall the Provider and/or the Provider’s board members, executives, employees be subject to legal or penal sanctions. The User accepts, declares and undertakes that they irrevocably absolve the Provider from all recourse in this respect.

11. The User can only perform money transfers by means of a bank account matching with the user’s name, surname and Turkish Republic identity number. Transfers to be made by the User contrary to the rules of the Site shall be returned to the User, after deduction of a faulty transaction return fee.

12. The Provider reserves the right to reject any money transfer made by Users without having to show any justification.

13. The Provider shall only give support services through the following electronic mail address destek@bitmatrix.com for the services that it provides via the Site. No support services shall be provided to Users by means of any method other than this electronic mail address. Users shall not be asked for a password while providing support services through the aforementioned address. By agreeing with the provisions of this article, Users accept that they may receive support from the Provider as per the principles governed in this article herein.

14. The Provider bears no liability due to price changes (including but not limited to price changes occurring during trading transactions executed on the Site) of Crypto Assets, which are determined as per supply and demand. Responsibility for any and all losses or damages which have arisen or to arise shall lie with the User.

15. The Provider is a company fully independent from other similar Crypto Asset trading platforms and all other companies/bodies trading in Crypto Assets, and the Provider does not represent any real person or legal entity, web site or institutions. The Provider does not carry out any cooperation with any real person or legal entity. Therefore, Users may not hold the Provider liable for any unjust damages they may incur owing to other platforms.

16. Users are responsible for executing all transactions they made on the Website in such a way as to not technically harm the Website. Users accept and commit that they must take all kinds of precautions, including using the necessary protective software against any sorts of program, virus, software, unlicensed product, trojan etc. that may harm the system while using the Website, and they shall use licensed products. Users agree not to sign into the Website via robot or automated sign-in methods.

17. The Provider does not have any commitment or liability pertaining to its service level (SLA) or uptime. Under no circumstances does the Provider guarantee that access to the Site shall be uninterrupted, or that no delay, error or data loss will occur.

18. The Provider may give analyses, news and comments pertaining to Crypto Assets on its official blog page. While the Provider, by no means, gives investment advice, providing such type of information and comments on the Site may not be considered as investment advice. The User is responsible for all decisions pertaining to trading prices and amounts.

Article 9 - TERMINATION

Any of the parties can unilaterally and immediately terminate this Agreement at all times without showing any reason. In the event of such termination, the Parties shall reciprocally exercise their rights and debts arisen until the termination date. If the Provider unilaterally terminates this Agreement within the scope stated above, it shall not bear any compensation payment liability.

If you violate this Agreement, you hereby agree to be liable for all direct and indirect losses and damages that the Provider has incurred/will incur.

Article 10 - RESPONSIBILITY

You, as the User, irrevocably agree to pay, fully and immediately in cash with all its accessories, upon the Provider’s first written request, and without any need for decision by any legal body, any and all pecuniary/non pecuniary, direct/indirect losses to be incurred and all expenses (legal expenses and attorney’s fees etc.), expenditures and all payments made, especially compensation and administrative penalties incurred by the Provider, the Provider’s employees and other Users due to i) your actions or transactions contravening this Agreement, ii) the brand, logo and content you will use, iii) the advertising, promotion, campaign or publicity you will make and iv) actions and transactions contrary to legal legislation.

The Provider, at its own discretion, reserves the right to offset these sums from all types of rights, receivables, assets and other values of the User held or to be held with the Provider, or the Provider is also authorized to use its right to pledge, custody and exchange on said rights, receivables, assets and other values.

In all cases, the Provider’s responsibility arising from this Agreement herein is limited to the total of the fees and commissions it has collected, if any, from the Users as of the date of the incident causing loss under this Agreement, excluding malicious intent and gross negligence situations.

Article 11 – GENERAL PROVISIONS

1. If any of the Parties fails to fulfill or delays in fulfilling any of their responsibilities as part of this Agreement due to force majeure, then such party shall not be held liable against the other party. Force majeure is any incident beyond the parties’ control, which cannot be predicted or prevented. Provided that they are not limited to the following, these are considered as force majeure: civil commotion, war, government threats and administrative decisions, judicial decisions, embargo, government’s or any institution’s activity, internet speed and cuts, natural disasters, storm, fire, accident, sabotage, explosion, terrorist attacks, scarcity of materials or consumables, strike or lock-out, cyber-attack, communication problems, infrastructure or internet breakdowns, electricity cut, systemic improvement or renewal works, or any breakdowns and cuts that may arise due to these reasons. If the force majeure hinders or delays the Provider from fulfilling its liabilities arising from this Agreement, then the Provider cannot be held liable for hindered or delayed liabilities due to the force majeure, and this situation cannot be regarded as a violation of the Agreement.

2. The Provider, at its own discretion, may update the system, product or content, in consideration of the platform security and efficiency. Users cannot claim against loss or damage compensation due to failure in accessing the Site during this period.

3. The Provider may assign or transfer this Agreement or its rights, receivables and liabilities arising from this Agreement to third parties. On the other hand, Users cannot assign or transfer their rights, receivables and liabilities arising from this Agreement to any third party.

4. All notifications to be made to you shall be done via announcements, in electronic environment or on the Site, to your email address or physical address. Unless you notify Us, in writing, regarding any email or address change, or unless you update them on the Site, any and all notifications served to your existing email address or physical address shall be deemed as duly served.

5. While subscribing to the Site, Users determine whether they would like to be informed of any announcements or campaigns made by the Provider via such means as phone, call center, automated calling machines, email, SMS etc., as well as any surveys to be conducted about the Provider, and communication works pertaining to marketing activities. Users, following the completion of subscription, can always stop electronic commercial messages, free of charge, via destek@bitmatrix.com or directly from their Bitmatrix account settings, or they can change commercial message channels.

6. By accepting this Agreement, Users also accept that the Provider may use, process or transfer Users’ personal data to third parties as part of the LAW ON PROTECTION OF PERSONAL DATA DISCLOSURE TEXT.

7. The Provider may always amend this Agreement unilaterally, provided that it notifies Users via email or publishes the updated Agreement on bitmatrix.com/kullanici-sozlesmesi.

8. Policies, rules and other documents contained on our Site may be amended from time to time. Such amendments enter into force once they are published on the Site.

9. Turkish Law shall take precedence for this Agreement. Istanbul Çağlayan Courts and Execution Offices shall be authorized in the settlement of any disputes arising from interpretation or practice of the provisions of the Agreement herein.

10. The Parties agree that any books and registers, computer and log records, emails, and other information and documents belonging to the Provider shall be legal and binding and may serve as evidence in any disputes that may arise out of this Agreement.

11. If a court or another authorized body adjudges that any provision of this Agreement is fully or partially invalid or non-executable, this situation shall not affect the validity of other provisions or the remaining part of the mentioned provision.

12. If the Provider does not use any one of its rights, or delays in using them, this shall not be taken to mean that the Provider waives said right.

13. None of the items governed under this Agreement shall mean a representation, agency, partnership or other type of joint venture relationship between the parties.

14. Users accept, declare and commit that the Provider is not liable or responsible for checking content provided by the Users in their capacity as seller and/or buyer, or for researching whether an illegal activity or situation has taken place pertaining to this content or Crypto Assets subject to the content.

15. Users declare that they are the “real beneficiary” as described under article 15 of the “LAW ON PREVENTION OF PROCEEDS OF CRIME NR. 5549” published on the Official Gazette dated 18 October 2006 and numbered 26322, and they execute transactions with the Provider in this capacity, and they shall execute said transactions as part of this Agreement under their name and account. In the event that Users act under their name but with someone else’s account, the Users accept and declare to notify the Provider, immediately and in writing, regarding said account in whom the Users execute transactions, and provide this/these person/s identity information and their authority status for executing said transactions.