Last Updated: 31.07.2023
TERMS OF SERVICE
1. Preamble
These Terms of Service (the “Terms”) set forth legally binding terms and conditions that govern your
access to and use of Smartex under the domain name of http://smartexlabs.com and the Smartex
mobile application collectively, as “Smartex”) operated by Ftech Labs Bilişim Anonim Şirketi
((“Company”, “Ftech” or “We”) a company incorporated under the laws of Türkiye with the
registration number 96599-5 and registered before the Istanbul Trade Registy with the incorporation
address Çiftehavuzlar Mahallesi, Eski Londra Asfaltı Caddesi, Kuluçka Merkezi C1 Blok No:151/1E/
405/Esenler/Istanbul; and the services, tools and materials offered thereon (collectively, the
“Services”) with a paid or trial subscription to you and any authorized individuals engaged by you to
use Smartex and Services on your behalf (each a “User” or “You”, collectively as “Users”).
2. Agreement and Acknowledgement
By accessing and using Smartex, registering for an account, navigating Smartex, contacting us,
downloading or registering Smartex and using the Services in any manner, you acknowledge that you
have read, understand, and agree to be bound by and comply with the provisions set forth in these
Terms. If you do not accept these Terms (or any part thereof) or the Privacy Policy, you must
discontinue your access and/or use of Smartex and, if any, immediately delete your account on
Smartex.
These Terms are entered into by and between you and Ftech and, together with the Privacy Policy and
any other documents expressly referenced, govern your access to and use of Smartex and any content
or features of the Services.
We are fully committed to protecting your and others' privacy and security and to addressing their
concerns. You can read our Privacy Policy to learn more about how we handle your personal
information in detail.
3. Amendments to the Terms
Ftech reserves the right, at its sole discretion, to update, modify or remove portions of these Terms by
providing You with the updates and alterations. In this regard, we will notify our Users by pop-ups on
Smartex or any other appropriate communication channels prior to the date the updates, changes or
amendments to the Terms become effective. If User does not agree with the changes to these Terms,
Users may terminate these Terms immediately by discontinuing your access to and use of Smartex
and, if any, deleting the account on Smartex.
If Users continue to access or use Smartex or Services in any manner after such update, we will
assume that you have accepted the amended Terms.
The most current version of these Terms may be viewed at any time on Smartex. It is in your best
interest to periodically review the Terms for any updates, changes or additions that may affect you.
When we change these Terms, we will refresh the "Last Updated" date above.
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4. Definitions
Crypto Asset
Any digital representation of value based on (or built on top of) a
cryptographic protocol of a computer network that can be
transferred, stored or traded electronically.
SmartEx Account
With the User’s registration, any account which is opened by Smartex
for Users to record on Smartex their usage of Smartex Services,
transactions, asset changes and main information.
User
Any natural person who accesses and uses the Services offered on the
Smartex, and opens an account in their name or on behalf of the legal
entity or any other organization which is affiliated with and/or owned
by them.
Services
The following services provided to all Users through the Smartex
pursuant to these Terms:
(i) Trading cryptoassets from their crypto exchange accounts through
automated transactions and following-up cryptoasset price changes
and complimentary data through public sources
(ii) Providing cryptocurrency through cited third-party sources for
market news through third-party cited sources and create cryptoasset
watchlists.
(iii) Follow and monitor the cyrptoasset through market signals by
third-party sources or algorithmic signals provided by Smartex
(iv) Manage and monitor their cryptoasset portfolio through Smartex
application.
The following services provided only to Subscribed Users through the
Smartex platform pursuant to these Terms:
(i) Additional price change and price alerts, additional watchlist
options
(ii) More frequent price signals and detailed price forecast
(iii) Multiple trading options, multiple portfolio management options,
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5.
5. Services Provided by Smartex Mobile Application
5.1. General
The Smartex application and the Services provided may include or make available certain content
(the “Content”). Content includes, without limitation: (1) account positions, balances,
transactions, confirmations, and order history; (2) general news and information, commentary,
research reports, educational material and information and data concerning the cryptoasset
markets, securities and other subjects; (3) financial and investment interactive tools, such as alerts
or signals; and (4) any other information, content, services, or software stated under the Services.
Certain Content is furnished by third parties (each, a “Third-Party Provider” and collectively,
the “Third-Party Providers”) which Smartex receives from open source, subscribed or publicly
available sources of the Third-Party Providers. Such Content (“Third Party Content”) includes,
without limitation, any information, content, service or software made available by or through
social media websites, blogs, wikis, online conferences, telecasts, podcasts, and other forums.
Third Party Content may be available through framed areas or through hyperlinks to the Third-
Party Providers’ websites.
5.2. Services
Force Majeure Event
Floods, earthquakes, or other comparable elements of nature or acts
of God, wars, civil disorders, or revolutions in any country affecting
the operations of the Company, or any other event beyond the
reasonable control of the non-performing party including without
limitation failures of the internet or any public telecommunication
network, denial of service attacks, viruses, or other malicious
software attacks, governmental restrictions, given that the default or
delay could not have been avoided or prevented.
Intellectual Property
Rights
All registered or unregistered, registerable, or un-registrable
intellectual property rights in whole or in part, anywhere in the
world, and including without limitation copyrights, trade secrets,
know-how, business and trade names, trademarks, trade dress,
designs, service marks, and patents and other original creations.
Subscribed User
Any natural person who has subscribed to additional features of
Services accesses and uses the Services offered on the Smartex.
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Content posted on the Smartex is published as of its stated date or, if no date is stated, the date of
first posting. Neither Ftech nor the Third-Party Providers have undertaken any duty to update any
such information.
Ftech does not prepare, edit, or endorse Third Party Content and cannot guarantee the accuracy,
timeliness, completeness or usefulness of Third-Party Content, and is not responsible or liable for
any content, advertising, products, or other materials on or available from third party sites.
Users will not hold Ftech and/or any Third-Party Provider liable in any way for (a) any inaccuracy
of, error or delay in, or omission of the Content; or (b) any loss or damage arising from or
occasioned by i) any error or delay in the transmission of such Content; ii) interruption in any such
Content due either to any negligent act or omission by any party to any “force majeure” (e.g.,
flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection,
riot, labor dispute, accident, action of government, communications or power failure, equipment or
software malfunction), or iii) to any other cause beyond the reasonable control of Smartex and/or
Third-Party Provider, or iv) non-performance.
Any price quotes may be delayed 20 minutes or longer, according to the rules and regulations
applicable to exchanges and Third-Party Providers. Neither Smartex nor the Third-Party Providers
make any representations, warranties, or other guarantees as to the accuracy or timeliness of any
price quotes. Neither Smartex nor the Third-Party Providers make any representations, warranties,
or other guarantees as to the present or future value or suitability of any sale, trade or other
transaction involving any particular security or any other investment.
Content is provided exclusively for personal and noncommercial access and use. No part of the
Service or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other
computer, server, web site or other medium for publication or distribution or for any commercial
enterprise, without Ftech’s express prior written consent.
5.3. External Links
Ftech and/or the Third-Party Providers may provide links to other websites or resources. Because
neither Ftech or the Third-Party Providers have any control over such sites and resources, you
acknowledge and agree that neither Ftech nor the Third-Party Providers are responsible for the
availability of such external sites or resources. Ftech and the Third-Party Providers do not endorse
and are not liable for any content, advertising, products, or other materials on or available through
such sites or resources. You further acknowledge and agree that neither Ftech nor the Third-Party
Providers shall be responsible or liable, directly, or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such content, goods or
services available on or through any such site or resource.
6. Use of the Smartex Application
6.1. Eligibility
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Users must be at least 18-years old to use Smartex and its Services. By agreeing to these Terms,
you represent and warrant to us that: (i) you are at least 18 years of age; (ii) you have not
previously been suspended or removed from the applicable Service; (iii) you have the right,
authority, and capacity to enter into these Terms and to abide by the provisions of these Terms and
(iv) your registration and your use of the Smartex is compliant with any and all laws and
regulations. Users access to the Services may be terminated without notice if we believe that you
are under 18 years of age and the Users represent themselves as 18 or older; or Users violation of
these Terms; or any applicable laws and regulations.
6.2. Registering for an Account
Users access to and use of Smartex is not contingent on signing up for an account, however you
may only benefit from certain Services by signing up for an account within a paid subscription.
The functionality of the Service varies depending on the subscription level you have chosen.
Please refer to our Platform for up-to-date information on the features of your chosen subscription.
When registering for an account, the Users should provide the following information:
•
Name
•
E-mail Address
•
Password
Users may register for an account with alternative options through the following information:
•
Google Account
•
Apple Account
•
Registered Telephone Number
For portfolio management and sending orders for transaction, the Users are required to select one
or multiple (for Subscribed Users only) cryptoasset exchanges. Ftech remains the right to choose
its contracted cryptoasset exchanges which may be subject to changes should the cryptoasset
exchange is shut down, in default or terminate its contract with Ftech for providing its Services
through Smartex platform. For more information, please review the article 9 “Third-Party
Integrations and Services”.
By creating an account, Subscribed Users will be able to, including but not limited to;
(i) Following-up low or mid-price changes, unlimited price alerts for multiple cryptoassets and
creating unlimited watchlists for upcoming cryptoassets
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(ii) Receiving more frequent cryptoasset signals (30 minutes, 1 hour, 4 hours) and detailed
analysis on cryptoasset forecasts
(iii) Full access to all daily crypto news provided by Smartex and detailed coin detail charts every
5 or 15 minutes depending on user preferences
(iv) Access to unlimited cryptocurrency exchanges for each portfolio and unlimited trading
options.
6.4. Account Responsibilities
Users agree to keep their account accurate, complete, and with up-to-date information. Users’
failure to keep their account data accurate, complete, and up to date may lead to their inability to
access and use of Smartex and Services or the account termination by Ftech. Therefore, Users
should either make necessary changes to the account through the account dashboard or inform
Ftech immediately of any changes to your information by emailing us.
If Users provide any information that is untrue or inaccurate, not current, or incomplete, or if we
reasonably suspect that your information is untrue or inaccurate, not current, or incomplete, we
may, in our sole discretion, suspend or terminate your account and refuse your current or future
access Smartex or any Services. Users expressly agree that we cannot be held liable for any loss or
damage arising out of any misrepresentations they make in this regard.
By registering for an account and becoming a User or Subscribed User, you agree to be liable for
all activities that take place under your account and agree to always keep the safety and privacy of
the login credentials. If Users become conscious of or reasonably suspect any violation of safety,
including without limitation any loss, theft, or unlawful disclosure or use of Users/Subscribed
Users accounts, Ftech shall immediately be notified in writing on the unauthorized use.
Users are responsible for safeguarding the password that they use to access Smartex, including
their merged cryptoasset account information; and for any activities or actions under your
password, whether your password is with Smartex or a Third-Party Service.
Users also agree to ensure that they log out from their account at the end of each session. Users
should be cautious when accessing their account from a public or shared computer so that others
are not able to view or record their email, password, cryptoasset account or other personal
information.
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If we suspect that there is likely to be a breach of security or misuse of the account, Smartex, or
violation of any obligation under these Terms, we may suspend or terminate your account and
your use of the Services. Such termination or suspension may be immediate and without notice. In
such event, all information held in your account will be deleted without notice, and you accept full
responsibility, and you hereby release and hold harmless Ftech from any and all liability in this
regard.
Ftech cannot and will not be held responsible for any loss or harm caused by your inability to
maintain safety of your account and login credentials. Thus, Ftech is not responsible for any loss
or damage as a result of someone else using your account, the Registration Information, with or
without your knowledge.
6.5. Using the Application or Services without an Account
All Users who wish to receive price alerts and news should allow their devices to Smartex for
sending notifications to their device. Ftech does not held any responsibility for Users who do not
allow Smartex to send notifications to User devices.
6.6. Subscriptions
Users who wish to become Subscribed Users can subscribe to Smartex through the Mobile
Application. Subscribed Users can use the subscribed features for 7(seven) days after the
subscription and can opt-out from the subscription within the designated timeframe. Subscribed
Users who wish to continue using these features and not cancel their subscriptions will
automatically be charged with the subscription fee in accordance with the platform providers (App
Store, Google Play) terms and conditions. The subscribed features will be auto-renewable for the
Subscribed Users and Ftech remains the right to update the pricing of its subscribed features to
Subscribed Users in accordance with the platform providers (App Store, Google Play) terms and
conditions.
7. Consent to Receive Electronic Communications from Ftech Labs
7.1. Legal Communications and Service Announcements
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By providing Ftech with your email address and/or using Smartex you affirmatively consent to use
of your email address for legal and service notifications or Ftech to send you notifications through
pop-ups and etc., regarding important service announcements and other legal and administrative
communications related to your use of Smartex. We may send the following to you by email or
notifyimh them on Smartex; these Terms, including legal disclosures; future changes to these
Terms, Privacy Policy, and other notices, legal communications or disclosures and information
related to the Services. Such communications are part of the Services which you cannot opt out of
receiving. However, if you do not wish to receive certain service and other administrative and
legal notifications, your only way to opt out of such messages is to stop using Smartex and (if any)
delete your account.
7.2. Promotional Communications
We will perform certain marketing and other advertising activities (i.e, informing you of benefits
and features of Services, letting you know of new features or developments, informing you about
our subscription plans, or presenting you a feature for enabling you to purchase the preferred
subscription plan via email etc.) of Ftech and third-party advertising partners, as more fully set
forth in our Privacy Policy, pursuant to your prior explicit consent. Therefore, if you prefer to opt-
in to Promotional Communications, you may receive periodic promotions and other offers or
materials that we believe might be of interest to you.
7.3. Withdrawing Your Consent
If you later decide that you do not want to receive future Promotional Communications
electronically, you may withdraw your consent. You can opt-out Promotional Communications at
any time (i) by following the instructions described in our Privacy Policy; or (ii) following the
unsubscribe instructions contained in each message; or (iii) (if applicable) changing the
communication preferences in your account through your Account Dashboard. Your withdrawal of
consent shall be effective within a reasonable time after we receive your withdrawal notice
described above. Your withdrawal of consent will not affect the legal validity or enforceability of
these Terms provided to, and electronically signed by, you prior to the effective date of your
withdrawal.
8. Intellectual Property Rights
Subject to these Terms, and your compliance with these Terms, Ftech hereby grants you a limited,
personal, non-exclusive, non-sub-licensable and non-transferable license to use Smartex and to use
this Service, in each case solely for your personal use. You agree not to use Smartex, the Services or
any of the Content for any commercial purpose. Except for the foregoing license, you have no other
rights to Smartex, its Services or any Content, and you may not modify, edit, copy, distribute,
reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create
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any index, reverse engineer, alter, enhance, provide access to or in any way exploit Smartex, its
Services or the Content in any manner.
The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code,
software implementation, materials, and content of Smartex, the Services as a whole, our devices
including associated firmware, applications, software, websites, APIs, products, services and Content
(collectively the "Smartex IP") are protected by copyright, designs, trademark, domain name, trade
dress, patent, or other intellectual property rights. All Smartex IP are owned, controlled, or licensed by
Ftech or its subsidiaries and affiliates. Any use of the Smartex IP without the Ftech’s express written
consent is strictly prohibited. Ftech reserves all rights to the Smartex IP not granted expressly in these
Terms. Any material downloaded or otherwise obtained through the use of Smartex is done at your
own discretion and risk and you will be solely responsible for any damage to your computer system,
mobile phone or other device or loss of data that results from the download of any such material.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other Third- Party
Services may also have additional proprietary rights which they make available on Smartex You may
not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative
works of, or in any way exploit, any of such intellectual property rights, in whole or in part. When
Smartex is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain
any ownership interest any Content, Third-Party Content, Smartex IP or any third-party intellectual
property right. Modification of the abovementioned Intellectual Property Rights for any other purpose,
including, but not limited to, use of any Intellectual Property Rights in printed form or on any other
applications or networked computer environment is strictly prohibited unless you receive our prior
written consent.
We may revoke the license at any time for any reason and shall not be liable to any User for any
purported interference with business or contractual relations, in tort or otherwise.
Violation of the License hereunder or this provision may result in infringement of Intellectual Property
Rights and contractual rights of Ftech, Users, or other third parties, which is prohibited by law and
could result in substantial civil and criminal penalties.
9. Limitations on Use of Smartex
Users are solely responsible for their all interactions with the Ftech, or through the Smartex platform
or Website. Our goal is to create a positive, useful, and safe User experience. To promote this goal, we
prohibit certain kinds of conduct that may be harmful to other Users or to us.
While using the Smartex, website or the Services, Users may not:
➢
defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (e.g., rights of privacy
and publicity) of the Company, or use information learned from Smartex to defame, abuse,
harass, stalk, threaten, intimidate, or mislead, or otherwise violate legal rights of the Company
or any other person;
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➢
breach any international, federal, or local legislation, regulation, rule, or ordinance;
➢
contact the Company to share an information that is defamatory, profane, infringing, obscene,
unlawful, offensive, and/or harmful, or that advocates, endorses, condones, or promotes
racism, bigotry, hatred, or physical harm of any kind against any individual or group of
individuals;
➢
use Smartex, Public Forum or any Services other than for their intended purpose and/or for
any purpose in violation of applicable local, state, federal, or international law;
➢
advertise to, or solicit, any user to buy or sell any products or services, or use any information
obtained from Smartex to contact, advertise to, solicit, or sell to any user without their prior
explicit consent;
➢
submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic
content;
➢
post or transmit, or cause to be posted or transmitted, any communication or solicitation
designed or intended to obtain password, account, or any other personally identifiable or
private information from any User;
➢
spam, phish, pharm, pretext, bot, crawl, or scrape Smartex for any scandalous,criminal,
obscene or immoral purpose;
➢
interfere with or circumvent the safety measures of Smartex or Services;
➢
attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or
disrupt the integrity or the performance of Smartex or the Services;
➢
restrict or inhibit any other User from accessing and using Smartex and/or any Services;
➢
use a robot, spider, manual, and/or automatic process, or device to data-mine, data-crawl,
scrape, or index Smartex in any manner;
➢
hack or interfere with Smartex, its servers, or any connected networks;
➢
adapt, alter, license, sublicense, or translate Smartex or Content for personal or commercial
use;
➢
modify or otherwise make derivative works of Ftech, or reproduce, distribute, or display
Smartex IP except as expressly permitted under these Terms;
➢
use Smartex, or the Services to collect registration information of other Users by electronic or
other manipulative means as well as use Smartex to harvest, collect, scrape, gather, or
assemble information or data regarding other Users, including email addresses, without their
consent;
➢
remove or modify, visually or otherwise, any copyright, trademarks, or other proprietary
marks and rights owned by the Company;
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➢
use Smartex in a manner which is false or misleading (directly or by omission or failure to
update information) or for the purpose of accessing or otherwise obtaining the Company’s
trade secrets for public disclosure or other purposes;
➢
use, transfer, distribute, or dispose of Smartex or Smartex IP in any manner that could
compete with the business of the Company; or
➢
advocate, encourage, or assist any third party to engage in the foregoing restricted activities.
Any use of Smartex or Content by violating the principles listed above without the prior written
permission of the Company is strictly prohibited and will terminate these Terms and your access to
Smartex automatically. Any such unauthorized use may also violate applicable laws, including without
limitation copyright and trademark laws and the Company will take appropriate investigative and legal
action for such illegal or unauthorized use.
Users are required to inform the Company immediately in case anyone makes or threatens to make a
legal claim against you relating to your use of the Services and/or Smartex. If we request, you shall
confirm such claim in writing and cease to access or use Smartex. In such case, we reserve the right to
forward details to the appropriate regulatory authorities, as well as the courts if we are asked to do so.
10. Third-Party Integrations and Services
Smartex and Services may contain links to or allow you to connect and use certain external third-party
products, services, or software in conjunction with your use of our Platform and Services (collectively,
“Third-Party Services,” and each, a “Third Party Service”), including certain social media
networks and other integration partners, including but not limited to connecting cryptoasset exchange
accounts for the purpose of managing your portfolio.
To take advantage of these features, you may be required to sign up or log into such Third- Party
Service on their respective websites or applications. By enabling Smartex to access such Third-Party
Service, you are permitting Ftech to pass on your login information to the Third-Party Service and
granting the Third-Party Service permission to access or otherwise process your data.
You acknowledge that your use of such Third-Party Service is governed solely by the terms and
conditions, acceptable use policy, privacy policy or any other similar policy or terms of such Third-
Party Service (collectively, “Third-Party Service Terms”), and that Ftech does not endorse, is not
liable for, and makes no representations as to the Third-Party Service, its content, or the manner in
which such Third-Party Service uses, stores, or processes your data.
In addition, we are not liable for data given by others and data from Third-Party Services . Users and
any other person who accesses our Services may get to data that may be unlawful, offensive,
inaccurate, or inappropriate.
We are not liable for any damage or loss arising from or in connection with your enablement of such
Third-Party Service and your reliance on the policies, privacy practices, and data security processes of
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such Third-Party Service. We are not responsible or liable for any changes to or deletion of your data
by the Third-Party Service.
When you access Third-Party Services, you do so at your own risk and judgement. Third-Party
Services are not under our control, and you acknowledge that Ftech is not responsible or liable for the
content, function, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If
you believe any Third-Party Services violate applicable law or may be inappropriate, please notify us.
The inclusion of any Third-Party Services does not imply any association between Ftech and their
operators.
By using Smartex and Services thereof, you expressly relieve and hold Ftech harmless from any and
all liability arising from your use of any Third-Party Services, including any loss or damage incurred
as a result of any dealing between you and any third parties, or as a result of the presence of such
Third-Party Services on Smartex or failure of such Third-Party Services to function as intended.
When you are connected to or otherwise accessing to a Third-Party Service, you agree that you are
responsible for the following: (i) taking necessary measures to protect you and your computer systems,
from viruses, worms, trojans, malicious code, and other harmful effects; (ii) downloading, using or
purchasing any material that is sexually explicit, immoral, offensive or otherwise objectionable or
unlawful, or that contains technical inaccuracies, typographical errors, or other errors; (iii)
downloading, using or purchasing any material that violates confidentiality or proprietary rights of
third parties and other proprietary rights, or that is subject to additional terms and conditions specified
or unspecified; (iv) any financial costs or other liabilities against third parties arising from your actions
or other activities; (v) reading and understanding terms of use and privacy policies applicable to
Third-Party Services.
11. Confidentiality
We may exchange confidential information (“Confidential Information”) in the course of your
negotiation and use of Smartex and related Services.
Our Confidential Information may include, but is not limited to, non-public information about our
pricing, personnel, or partnerships, our product roadmap, or other non-public information we identify
as confidential.
When either Users or we (the “recipient”) receive Confidential Information from the other (the
“discloser”), the recipient will use the same degree of care that it uses to protect the confidentiality of
its own Confidential Information of like kind (but in no event less than reasonable care) and will not
disclose or use any Confidential Information of the discloser for any purpose outside of the scope of
these Terms.
Information will not be considered Confidential Information if (i) it was lawfully in the recipient's
possession before receiving it from the discloser; (ii) it is provided in good faith to the recipient by a
third party without breaching any rights of the discloser or any other party; (iii) it is or becomes
generally available to, or accessible by, the public through no fault of the recipient; or (iv) it was or is
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independently developed by the recipient without reference to the discloser’s Confidential
Information. In the event that the recipient or any representative of the recipient becomes legally
compelled (by law, rule, regulation, subpoena, or similar court process) to disclose any of the
Confidential Information, the recipient will (to the extent permitted by the applicable laws) provide the
discloser with notice of such circumstances and will limit such disclosure to the required disclosure.
12. Data Protection and Privacy
We access User data to enable us to respond your requests and as necessary to provide Users with the
Smartex platform and Services. Our Privacy Policy describes our information practices, including the
types of information we receive and collect from you, and how we use and share this information.
Users agree to our data practices, including the collection, use, processing, and sharing of your
information as described in our Privacy Policy, Users acknowledge that the laws, regulations, and
standards of the country in which your information is stored or processed may be different from those
of your own country.
Before sharing data, we will take steps designed to ensure that any Third-Party Service provider
maintains commercially reasonable data practices for maintaining the confidentiality and security of
your data and for preventing unauthorized access to such data. We do not share your data with third
parties for their own marketing purposes.
Users hereby represent and warrant that your account information or any other personal data has not
been collected, stored, and transferred to us in violation of any law, regulation, or contractual
obligation applicable to them.
If you are an EU citizen, we would like to inform you that we respect the GDPR. Ftech is the
controller of your personal data as a User (in connection with the purchase of Services, registration as
an User) and (ii) as a visitor to the https://www.smartexlabs.com/ website.
If your use of Smartex and Services includes processing “personal data” that is subject to the GDPR or
“personal information” that is subject to the California Consumer Privacy Act (“CCPA”), you must
enter into a Data Processing Addendum (“DPA”) with Ftech that is available here. Our Privacy Policy
as well as any DPA that you enter into with Ftech forms part of these Terms and applies to the
processing of personal data.
You agree to Ftech’s use of Sub-Processors on the condition that Ftech has executed a contractual
agreement with such Sub-Processors in accordance with applicable law. Before the Sub-Processor first
processes any of your data Ftech will carry out adequate due diligence checks to ensure that the Sub-
Processor is capable of providing the level of protection for the personal data.
Our Services are not intended to hold any Sensitive Information. You represent and warrant that you
will not use our Platform and related Services to transmit, upload, collect, manage, or otherwise
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process any Sensitive Information. WE WILL NOT BE LIABLE FOR ANY DAMAGES THAT
MAY RESULT FROM YOUR USE OF OUR PLATFORM AND SERVICES IN
TRANSMITTING, COLLECTING, MANAGING, OR PROCESSING ANY SENSITIVE
INFORMATION.
Please review the Privacy Policy for more information about how we collect and use data.
13. Representations and Warranties
13.1. Mutual Representations and Warranties
Each party hereby represents and warrants to the other party that, (i) such party has the necessary
power and authority to be bound by these Terms; (ii) compliance with these Terms and fulfillment
of the obligations hereunder do not and will not, to the best of each party’s knowledge, violate
any other agreement to which it is a party; (iii) no other restriction, limitation or contractual or
statutory obligation exists preventing a party from fulfilling its obligations hereunder; and (iv)
these Terms constitute a legal, valid and binding obligation when agreed upon by both parties.
13.2. Our Representations and Warranties
We hereby represent and warrant that, (i) we will have all necessary rights, licenses, know-how,
expertise, and experience needed to operate Smartex and provide the Services hereunder; (ii) are
the sole proprietor of Smartex and the Smartex IP (to the extent permitted in these Terms) on
Smartex and have all legal rights, licenses, and authority to provide you with Smartex or the
Services as stipulated herein; (iii) Smartex and the Services shall also comply with all relevant
legislations and regulations when used by you in accordance with these Terms; (iv) to our
knowledge, Smartex does not contain any malicious code or viruses; and (v) we have and will
maintain and apply our own industry-standard company policies. For more information, please
visit Ftech website: www.smartexlabs.com
13.3. Users Representations and Warranties
You represent and warrant that (i) all information you submit to Smartex or through the Services
or shares with Ftech (if any) is true, accurate, current, and complete, (ii) you are the sole owner of
all rights, titles, and interests in, or have obtained all necessary rights and licenses from the
applicable owner of, any information you submit; and (iii) such information, when used for the
purposes in which it is submitted onto Ftech, does not infringe the rights of any third party,
including without limitation, Intellectual Property Rights, proprietary rights and rights of
publicity/privacy. Users will be solely responsible for all information that you submit on or
through Smartex or Services or share with Ftech and will use Smartex and Services solely for the
permitted purposes as defined by these Terms and shall not interfere with the integrity or
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performance of Smartex or the Services as articulated by the section of Limitations on Use of
Smartex.
13.4. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF SMARTEX AND
SERVICES IS AT YOUR SOLE RISK. SMARTEX AND SERVICES ARE PROVIDED ON AN
AS-IS-AND-AS-AVAILABLE BASIS. FTECH EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. FTECH MAKES NO WARRANTY THAT THE SERVICES WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL
DOWNLOADED OR OBTAINED THROUGH THE USE OF PLATFORM AND THE
SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE
TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF
SMARTEX, SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM FTECH,
ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE AGREEMENT.
Smartex or the Services may become inaccessible, or it may not function properly with Users’ web
browser, mobile device, and/or operating system. Ftech cannot be held liable for any perceived or
actual damages arising from content, operation, use of or inability to use Smartex or the Services.
ALTHOUGH FTECH ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR
RELIABILITY OF INFORMATION ON SMARTEX.
14. Limitations of Liability
If Ftech’s performance of its obligations under these Terms is prevented or delayed by any act or
omission of User or any third party, Ftech shall not be deemed in breach of its obligations under these
Terms.
In no event will Ftech, its developers, affiliates or their licensors, service providers, employees, agents,
officers, or directors be liable for defects or damages of any kind, under any legal theory, arising out of
or in connection with your use, or inability to use Smartex, any Service or any other sites/apps linked
to it and any content on Smartex (including Smartex Content) or such other sites including any direct,
indirect, special, incidental, consequential or punitive damages, and also including but not limited to,
personal injury, pain and suffering, emotional distress, loss of profits, loss of business or anticipated
savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence),
breach of contract or otherwise, even if foreseeable.
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TO THE EXTENT PERMITTED BY LAW FTECH IS NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH
SMARTEX OR ANY MATERIALS ON SMARTEX, OR WITH ANY OF THESE TERMS, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SMARTEX AND OUR
SERVICES.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY THIRD-PARTY SERVICES,
INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES, OR ACTIVITIES OF
THIRD PARTIES, OR ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
WE ARE NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR THE CONTENT MADE
AVAILABLE THROUGH THE SERVICES, INCLUDING CLIENT CONTENT, MENTIONS,
MESSAGING CONTENT AND ANY CONTENT OR SERVICES PROVIDED BY THIRD
PARTIES. WE DO NOT CONTROL OR VET CONTENT AND ARE NOT RESPONSIBLE FOR
ANYTHING POSTED, TRANSMITTED, OR SHARED ON OR THROUGH OUR SERVICES.
We are not responsible for any disputes or disagreements between you and any third party you interact
with using Smartex and Service. You assume all risk associated with dealing with third parties. You
agree to resolve disputes directly with the other party. You release Ftech of all claims, demands, and
damages in disputes among users of Smartex. You also agree not to involve us in such disputes. Use
caution and common sense when using our Service.
This Limitation of Liability section shall apply to the fullest extent permitted by law in the applicable
jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or
whatsoever, even if Ftech has been advised of the possibility of such damage.
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages;
therefore, the above limitations or exclusions may not apply to Users falling within the scope of such
jurisdictions’ competence. These Terms give User specific legal rights, and User may also have other
rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of
liability under the Terms shall not apply to the extent prohibited by applicable law.
YOU AGREE THAT FTECH SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE
WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT
OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF FTECH
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL
FTECH’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT
OR INDIRECT, EXCEEDS THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS
PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER.
Disclaimer
The Content and the Service are provided on an “as is” and “as available” basis. To the fullest extent
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permitted under applicable law, Ftech and the Third-Party Providers expressly disclaim all warranties
of any kind with respect to the Content and the Service, whether express or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a particular purpose and non-
infringement. Neither Ftech nor Third-Party Providers guarantee the accuracy, timeliness,
completeness or usefulness of any Content. You agree to use the Content and the Service only at your
own risk.
Neither Ftech nor the Third-Party Providers explicitly or implicitly endorse or approve any Third-
Party Content. Third Party Content is provided for informational purposes only.
The Content is not intended to provide financial, legal, tax or investment advice or recommendations,
unless specifically identified as an individualized recommendation in writing. You are solely
responsible for determining whether any self-directed investment, investment strategy or related
transaction is appropriate for you based on your personal investment objectives, financial
circumstances and risk tolerance. You should consult your legal or tax professional regarding your
specific situation.
FTECH AND THE THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE,
INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FTECH OR
ANY THIRD-PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (1) THE
USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3)
ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO
YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING
TO THE CONTENT OR THE SERVICE.
15. Indemnification
15.1. Our Indemnification Obligations
We agree to defend you against any claim, suit or proceeding brought by third parties (the
“Claim(s)”) arising from or relating to our violation of a third party’s Intellectual Property Rights
directly arising out of your use of Smartex in accordance these Terms and will indemnify and hold
you harmless against any damages and costs awarded against you or agreed in settlement by Ftech
(including reasonable attorneys’ fees) resulting from such Claim. Ftech shall have no
indemnification obligation with respect to any Claims arising out of or related to (i) Content by or
violation from Third-Party Providers (ii) your violation of any applicable laws, (iii) your violation,
whether alleged or actual, of any third party rights, including but not limited to data protection and
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privacy rights; (iv) your violation of these Terms; (v) your negligence, willful misconduct, or
fraud; (vi) your failure to use any enhancements, modifications, or updates to Smartex that have
been provided by Ftech; (vii) modifications to Smartex by anyone other than Ftech; or (viii)
combinations of Smartex with software, data or materials not provided by Ftech.
15.2. Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless Ftech and its affiliates, co-branders, partners,
shareholders, employees, agents, representatives, and/or independent contractors (“Ftech
Affiliates”), to the maximum extent permitted, from and against all costs, damages, demands,
Claims, and losses, including legal expenses resulting from any claim by third parties that (i)
User’s use of Smartex, Smartex IP or other material infringement of any rights of the third parties,
including without limitation, breach or violation of the Intellectual Property Rights or privacy
rights of such third parties; (ii) the information shared with Ftech or submitted via Smartex by
User through Smartex or via other the channels dedicated for such use is obscene, defamatory,
illegal, unethical, or promotes illegal conduct; (iii) the User has not obtained and/or failed to
obtain any necessary permit, license or consent in accordance with these Terms; and (iv) the User
breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities
under these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion
of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers
may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any
warranty or limit our liability, the scope and duration of such warranty and the extent of our
liability will be the minimum permitted under such law.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF
LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS
INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER
THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF
THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE
AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE
LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS
OF ITS ESSENTIAL PURPOSE.
16. Unlawful Activity and Termination of Access
Ftech reserves the right to investigate complaints or reported violations of these Terms and to take any
action it deems appropriate, including without limitation, reporting any suspected unlawful activity to
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law enforcement officials, regulators, or other third parties and disclosing any information necessary
or appropriate to such persons or entities relating to User’s e-mail address, telephone address, IP
addresses and Google or Apple sign up information as explained in our Privacy Policy.
Ftech may terminate these Terms immediately in its sole discretion and without any prior notice or
liability against you, or suspend or terminate your use of, or access to Smartex, or delete your account
on Smartex, at any time for any reason and under any conditions, including without limitation, if it is
reasonably believed in good faith that you have violated or acted inconsistently with these Terms or
any applicable law or that you have engaged in conduct that we determine to be inappropriate or
unacceptable.
The Company may terminate your account (or any part thereof), your password, or use of Smartex, or
remove and discard any information stored, sent, or received via Smartex without prior notice and for
any reason, including but not limited to; (i) concurrent access to Smartex with identical login
credentials, (ii) permitting another person or entity to use your login credentials to access Smartex or
the Services, (iii) any other access or use of Smartex or Services except as expressly provided in these
Terms, (iv) any violation of the terms and conditions of these Terms or the rules and regulations
relating to the use of, software and/or data files contained in, or accessed through, Smartex (v)
tampering with or alteration of any of the software and/or data files contained in, or accessed through,
Smartex or the Services.
In case you violate any provision of these Terms, you accept, declare, and undertake that Ftech may
terminate or suspend your account and/or access to Smartex and the Services at its sole discretion. In
such case, you hereby disclaim and hold Ftech harmless from and against any and all liability resulting
from such termination or suspension and accept not to hold Ftech responsible for any claims for
compensation, damage, or reimbursement in this regard.
17. Following Termination
Upon expiry or termination of these Terms for any reason, all rights of the User and any Services shall
be terminated instantly.
The clauses “Definitions”, “Disclaimer and Warranties”, “Intellectual Property Rights”,
“Confidentiality”, “Data Protection and Privacy”, “Limitation of Liability”, “Indemnification”,
“Unlawful Activity and Termination of Access to Smartex”, “Termination by User”, “Following
Termination”, “Governing Law” and “Miscellaneous Provisions”, shall survive expiry or
termination of these Terms and all commitments of both parties under these Terms shall cease to be
fulfilled.
19. Governing Law and Dispute Resolution
The validity, interpretation, and performance of these Terms shall be governed in all respects by the
laws of the Republic of TĂĽrkiye without giving effect to conflicts of law principles that would result in
the application of the substantive laws of another jurisdiction.
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You agree that resolution of any dispute or claim arising out of or related to these Terms shall be
subject to the exclusive jurisdiction and venue in the Istanbul (Çağlayan) courts and enforcement
offices in the Republic of TĂĽrkiye.
18. Miscellaneous Provisions
18.1. Headings: The headings used in these Terms are for reference reasons only and do not
influence understanding and interpretation of these Terms.
18.2. Waiver: Ftech’s failure to assert any right or provision under these Terms shall not constitute
a waiver of any such or other right or provision. No waiver shall be considered a further or
continuing waiver of such term or any other term.
18.3. Severability: If any part of these Terms is found to be unlawful, void, or otherwise
unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only.
The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or
render any other part of these Terms, unlawful, void, or otherwise unenforceable, and generally,
shall be reformed, construed, and implemented in such a way that reflects intent of the parties as
conveyed in these Terms with its nearest lawful effect.
In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or
otherwise unenforceable, shall have no effect on the legality, validity, or enforceability of such
provision in other jurisdictions.
18.4. Service Interruption: In order to ensure the utmost possible service level, Ftech reserves
the right to interrupt Smartex for maintenance, system update or any other change, through
informing the Users appropriately. We will not be liable for any reason if all or any part of
Smartex and/or the Services is unavailable at any time or for any period. From time to time, we
may restrict or suspend access to some or all parts of Smartex and/or the Services to the Users.
Within the limits of relevant legislation, Ftech may also decide to suspend or terminate the
Services altogether. If the Services are terminated, Ftech will cooperate with Users to enable them
to withdraw personal information in accordance with applicable law. Additionally, Smartex or any
Service might not be available due to reasons outside the Ftech’s reasonable control, such as
“Force Majeure”.
18.5. Taxation: All amounts extracted from your account are gross amounts, meaning that we
have not collected, deducted, or paid any taxes for you or on your behalf. It is your responsibility
to calculate and pay all applicable taxes that you owe as a result of your trading activity on the
eToro platform. However, we may withhold and deduct at source any taxes due under Applicable
Law at our sole discretion. You will have no claim against eToro Europe where we have made
such a deduction. Where necessary, we or our affiliates will deduct and report tax deduction on an
aggregate basis with respect to all our clients. To the extent you require us to issue your personal
report specifying the taxes withheld at source on your behalf, we may debit your account with our
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cost and expenses in connection with the preparation and filing of said reports including any re-
submissions and late charges.
18.6. Remedies Not Exclusive: Except as expressly stated herein, no remedy is designed to be
excluded from any other remedy that is not available under these Terms or in law or in equity.
18.7. Non-Exclusivity: These Terms are not exclusive.
18.8. No Strict Construction: Where an ambiguity or issue occurs with regards to any clause of
these Terms, the Terms shall be construed as if collectively approved by the parties and no
presumption or burden of proof shall occur to favor or disadvantage of either party by virtue of the
authorship on these Terms.
18.9. Assignment: Without prior written approval of Ftech, these Terms or any rights or
obligations conferred thereunder may not be transferred and delegated by the Users. Any attempt
to grant, without such approval, any rights or responsibilities arising from these Terms shall be
null and void ab initio. Ftech reserves the right to transfer, assign, dispose of by novation, or
subcontract any or all rights or obligations under these Terms, by taking the Users’ legitimate
interests into account. Provisions regarding change of these Terms shall apply accordingly.
18.10. Entire Agreement: These Terms, including different other documents referred to as
applicable to our Services in these Terms between you and Ftech for your utilization of our
Services. Any earlier understanding, statements, or agreements (oral or written) don't apply,
including additional terms that you may present. These Terms is binding on the parties and their
permitted successors and assigns.
18.11. Force Majeure: None of the parties shall be responsible for any error or delay in fulfilling
any of their corresponding obligations arising from these Terms if a Force Majeure Event prevents
them from doing so.
18.12. Interpretation: Unless the context requires otherwise, (i) the singular includes the plural
and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be
done on a day that is not a business day then the act must be performed on or before the next
business day; (iii) a reference to any legislation or law includes all amendments, consolidations or
other provisions thereof, (iv) a reference to a natural person shall mean including without
limitation a partnership, joint venture, association, government or legal body or legal entity and
vice versa shall be interpreted herein.
18.13. Language: Our Terms are written in English. Any translated version is provided solely for
your convenience. To the extent any translated version of our Terms conflicts with the English
version, the English version prevails.
18.14. Independent Legal Advice:User recognizes and accepts that it has had the chance to read
these Terms, agrees with its provisions, and has been given a chance to seek independent legal
advice on the Terms’ provisions before acknowledging them.
