TERMS OF USE
1. Preamble
These Terms of Use (the
“Terms”) set forth legally binding terms and conditions that govern your access to and use of https://embedr.finance/ (the "Website"). The Website is owned, operated, and distributed by Remedi Teknoloji Anonim Şirketi, a corporation incorporated and validly operating in the Republic of Türkiye and having the registered address of Mustafa Kemal Mah. Dumlupınar Bul. No:266a İçkapı No:18 Çankaya/Ankara (hereinafter referred to as
“Embedr”, the Company",
“we”, and through similar words such as
“us”,
“our”, etc.). Through the Website, Embedr provides an informative platform that introduces the Embedr to the users (each, a
“User”,
“you” or
“your”).
These Terms are entered into by and between you and Embedr, and together with the Privacy Policy and any other documents expressly incorporated by reference, in order to govern your access to and use of the Website, as an User.
By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be bound and abide by the provisions set forth in these Terms. In case of not accepting these Terms (or any part thereof) or the Privacy Policy, you shall cease your access and/or use of the Website immediately.
Embedr is fully committed to protecting our Users’ and others’ privacy and security and addressing their concerns. You may read our Privacy Policy to learn about how we are handling your personal data, in greater detail.
2. Changes to the Terms
We reserve the right to withdraw or amend the Website, and any material or content we provide on the Website, at our sole discretion and without any notice.
We reserve the right to update and modify these Terms by providing Users with notice of updates and modifications. In this regard, we will notify you by pop-ups on the Website or any other communication channels at least 15 (fifteen) days before the date on which the updates, modifications, or amendments on the Terms will enter into force. If you do not agree with the change(s) of these Terms, you may terminate these Terms immediately by discontinuing your access or use of the Website. If you continue to access or use the Website after the update, we will consider you as accepted the amended Terms.
These Terms shall also apply, including without limitation to any new functions, features, or tools added to the Website.
It is in your best interest to regularly check the Terms for any updates, modifications, or amendments that might affect you.
3. Definitions
Within the context of herein Terms, following terms shall bear the meanings ascribed to them below:
User | A natural person who accesses or uses the Website |
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 Embedr, 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, 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 names, trademarks, service marks, and patents and the “look and feel” |
4. Coverage and Usage of the Website
The Website is an informative, insightful and supportive platform that enables User to get familiar with the background and operations of Embedr. Embedr leverages technology, APIs (Application Programming Interfaces), and partnerships with financial institutions to deliver financial services such as payments, lending, insurance, savings, and investment solutions. By embedding financial services within non-financial platforms or applications, Embedr enables to remove friction, streamline processes, and enhance the overall customer experience(
“Services”).
Embedr uses an interface to provide a web or mobile-based means of access to a decentralized protocol on various public blockchains, including but not limited to Ethereum, Avalanche and SUI, that allows users to trade certain compatible digital assets (the
“Protocol”). The Interface may also provide information and data about digital assets or tokens. To access the Interface, you must create an account and use a non-custodial electronic wallet that allows you to purchase, store, and engage in transactions using cryptocurrency and other digital assets (each, a
“Digital Wallet”) on supported bridge extensions. ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE EFFECTED BY THIRD-PARTY DIGITAL WALLET EXTENSIONS. BY USING OUR SERVICES YOU AGREE THAT SUCH TRANSACTIONS ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS.
The Website is intended solely for personal and non-commercial use by you. Any use of the Website other than for personal and non-commercial purposes is strictly prohibited.
The Website is available only to persons who are eighteen (18) years or older or any greater age required to reach the age of majority under the applicable law. For the avoidance of doubt, the Company is not under an obligation to confirm that you are eighteen (18) years or older or any greater age required to reach the age of majority under the applicable law. Users confirm that they have the legal capacity to use the Website. The legal guardians of the minors are liable to prevent the minors from using the Website.
Your account may be deleted without notice if we believe that: (i) you are under 18 years of age and you represent yourself as 18 or older, or (ii) you are over 18 and represent yourself as under 18.
You represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in Republic of Türkiye and the United States) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface.
5. Communications
By using the Website, you affirmatively consent to pop-up notifications on the Website regarding important announcements and other administrative communications related to your use of the Website. If you do not wish to receive certain administrative notifications related to the Website, your only way to opt out of such messages is to cease using the Website and/or delete your account on the Website immediately or contact us at contact@embedr.finance .
Embedr reserves the right to contact you by e-mail which you reached Embedr via the channels set forth under Article 20.
Embedr disclaims all liability for any communication directed to you from any third party directly or indirectly in connection with the Website (the
“Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Embedr assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Website, you expressly relieve and hold Embedr harmless from any and all liability arising from Third-Party Communications, including any loss or damage incurred as a result of any dealing between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
Without prejudice to the section titled
“Data Protection and Privacy”, the foregoing clause herein is applicable to the extent permitted by the multinational compliance regulations including but not limited to Turkish Personal Data Protection Law (
“KVKK”), United States Privacy Law, the General Data Protection Regulation (the
“GDPR”) brought by the European Union, the California Consumer Privacy Act (the
“CCPA”) for Users subject to such relevant legislation.
6. Ownership of Intellectual Property and Contents on the Website
Any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the Website by Embedr (collectively, the
“Website Content”) are and will remain the sole and exclusive property of Embedr.
We retain all right, title, and interest in and to the Website, including without limitation, (i) all texts, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other material and content uploaded or incorporated into the Website such as the Website Content, and (iv) all associated trade secrets and other intellectual property and proprietary rights recognized anywhere in the world (collectively, the
“Embedr IP”). The Embedr IP is protected in all forms, media, and technologies currently known or to be developed hereinafter. Embedr owns all Embedr IP, as well as the coordination, selection, arrangement, and enhancement of such Embedr IP as a Collective Work under any applicable intellectual property legislation, and all rights on the Website and the Website Content. Embedr IP is protected by the domestic and international laws regarding copyright, patents, and other proprietary rights.
All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Website are the property of their respective owners. Reference to any product, service, process, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Embedr.
Violation of this provision may result in infringement of Intellectual Property Rights of Embedr, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise. You represent and warrant that your use of the Website and the Website Content will remain consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty against any other party or violate any applicable law. In order to request permission for using the Website Content, you may contact Embedr via the channels set forth under Article 20.
7. Access to Website
Saving the exceptions herein, the User shall have unlimited access to the Website pursuant to these Terms. Embedr shall make commercially acceptable attempts to guarantee the accessibility of the Website during maintenance of or introduction of new services to the Website, except that Embedr shall not be liable for, (i) planned downtime, or (ii) any unavailability precipitated directly or indirectly by conditions beyond Embedr’s realistic control including a Force Majeure Event or any violation of these Terms by the User.
A. Landing Page
Through your access to the Website, you will come across a landing page in which you can, or you will be able to navigate on the Website, access to Resources (which will be explained below), access Launch App (you can find more information regarding Launch App below) get the general information about Embedr, get to know the team, access legal documents, access the information regarding the Protocol, find a contact e-mail address, join the waitlist by providing your e-mail address, access Embedr’s social media accounts (if any) (
“Landing Page”).
B. Resources
Through Landing Page, you can access to a menu called Resources. In here you may come acroos with several documents about several topic related to Embedr’s field of conduct.
Nothing on the Website constitutes an offer, advice, guidance on investment, or anything like these, the User shall be aware of the fact that Embedr does not promise, commits, or is obliged to anything, and the expressions on the Website cannot be interpreted in a way that they are an offer, advice, guidance on investment or anything like these. Thus the information or documents that are located in here cannot interpreted as such.
C. Launch App
Embedr provides a launch app through the Website, where Users can open a virtual cash box, deposit tokens to earn rewards and buy tokens with discount, stake tokens and benefit from certain benefits. The Launch App that will be available on the Website and it will be based on blockchain technologies through the Protocol.
8. Limitations on Use of the Website
You are solely responsible for all your interactions with the Website or Embedr on or through the Website.
While using the Website, you may not:
defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (e.g., rights of privacy and publicity) of Embedr, or use information learned from the Website or Website Content to defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate legal rights of Embedr or any other person;
breach any international, federal, or local legislation, regulation, rule, or ordinance;
contact Embedr 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 the Website for any purpose in violation of applicable local, state, federal, or international law;
spam, phish, pharm, pretext, bot, crawl, or scrape for any scandalous, obscene or immoral purpose;
interfere with or circumvent the safety measures of the Website;
attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Website;
restrict or inhibit any other User from accessing and using the Website;
use a robot, spider, manual, and/or automatic process, or device to data-mine, data-crawl, scrape, or index the Website in any manner;
hack or interfere with the Website, its servers, or any connected networks;
adapt, alter, license, sublicense, or translate the Website or the Website Content for your own personal or commercial use;
modify or otherwise make derivative works of the Website Content, or reproduce, distribute, or display the Website Content except as expressly permitted under these Terms;
remove or modify, visually or otherwise, any copyright, trademarks, or other proprietary marks and rights owned by Embedr;
create artificial inflation in pricing for any tangible or intangible item or anything of value, including, without limitation, any token, security or currency;
commit unlawful or illicit conversion of any tangible or intangible item or anything of value, including, without limitation, any token, security or currency;
cause artificial increase in the value of any collateral;
borrow the assets without intention or means to repay same;
pursue unjust enrichment;
be involved in misappropriation or unlawful conversion of funds;
exploit vulnerabilities of any protocol, platform, or system of any nature;
launch malicious attacks on any protocol or system of any nature;
use the Website in a manner which is false or misleading (directly or by omission) or for the purpose of accessing or otherwise obtaining Embedr’s trade secrets for public disclosure or other purposes;
use, transfer, distribute, or dispose of the Website or the Website Content in any manner that could compete with the business of Embedr; or
cause or induce any third party to engage in the restricted activities listed above.
Any use of the Website Content by violating the principles listed above without the prior written permission of Embedr is strictly prohibited and will terminate these Terms, and your access to the Website automatically. Any such unauthorized use may also violate applicable laws and Embedr will take appropriate investigative and legal actions for such illegal or unauthorized use.
9. Data Protection and Privacy
Embedr hereby represents and warrants that it shows its best efforts for the compliance with all relevant legislations, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Users relevant to access or use of the Website (jointly, the
“Rules”).
Rules include without limitation (i) Turkish Personal Data Protection Law (
“KVKK”), (ii) United States Federal and relevant State laws in regard to data collection and data privacy including California Customer Privacy Act (
“CCPA”); and (iii) if applicable, the Data Protection Directive and the General Data Protection Regulation (
“GDPR”) brought by the European Union, or any other Rules of another jurisdiction or rules, laws or any other part of the legislation issued by the relevant data protection authorities, and any amendments and changes thereof or laws as may be repealed or succeeded.
10. Representations and Warranties
The Website is available only to persons who are eighteen (18) years or older (or any greater age required to reach the age of majority under the applicable law.
BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO REACH THE AGE OF MAJORITY UNDER THE APPLICABLE LAW.
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.
Embedr hereby represents and warrants to the User that, (i) it will have all necessary rights, licenses, know-how, expertise, and experience needed to operate the Website hereunder; (ii) is the sole proprietor of the Website and the Intellectual Property Rights (to the extent permitted in these Terms) on the Website and has all legal rights, licenses, and authority to provide the User with the Website as stipulated herein; (iii) the Website shall also comply with all relevant legislations and regulations when used by the User in accordance with these Terms.
The User represents and warrants that (i) all information User shares with Embedr (if any) is true, accurate, current, and complete, (ii) User is 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 User shares with Embedr (if any), and (iii) such information, when used for the purposes in which it is submitted onto Embedr, does not infringe the rights of any third party, including without limitation, Intellectual Property Rights, propriatery rights and rights of publicity/privacy. The User also acknowledges and agrees that s/he will be solely responsible for all information that s/he share with Embedr (if any) and will use the Website solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the Website as articulated by the section of Limitations on Use of the Website.
11. Disclaimer of Warranties
Except as expressly set forth herein, Embedr does not warrant, or make any representation regarding (i) the results obtained from benefiting the Website Content will be wholly accurate, entirely reliable, complete or truthful, or (ii) the Website will be provided on an uninterrupted, secure or error-free basis. The Website (and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an
“as is” and
“as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. Embedr makes no representation concerning the benefits or outcomes obtained from the Website by the User or any third party including without limitation to financial yield and profit from trading.
ANY INFORMATION PROVIDED BY ANY OF OUR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION THAT A PARTICULAR TOKEN OR OTHER DIGITAL ASSET IS A SAFE OR SOUND INVESTMENT. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION YOU ACCESS THROUGH THE SERVICES. BY PROVIDING TOKEN INFORMATION FOR YOUR CONVENIENCE, WE DO NOT MAKE ANY INVESTMENT RECOMMENDATIONS TO YOU OR OPINE ON THE MERITS OF ANY TRANSACTION OR OPPORTUNITY. YOU ALONE ARE RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE.
The Website may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. Embedr cannot be held liable for any perceived or actual damages arising from content, operation, use of or inability to use the Website.
Some jurisdictions may not allow exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users, falling within the scope of such jurisdiction’s competence. These Terms grant Users specific legal rights, and Users may have other rights which vary from state to state. The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable law.
12. Your Representations and Warranties as a User
By accessing or using any of our Website, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. Specifically, your use of our Website or the Protocol may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.
By or using of our Website, you agree to maintain the security of your Digital Wallet and accept all risks of unauthorized access to your Digital Wallet and to the information you provide to us. You agree that you will not (i) buy, sell, rent, or lease access to the Service or (ii) attempt to access the Service through unauthorized third party applications or clients.
When you use the Service, you hereby represent and warrant, to and for the benefit of Embedr, its affiliates, and its and their respective representatives, as follows: (i) you are sophisticated, experienced and knowledgeable regarding blockchain technology and digital assets; (ii) you have conducted an independent investigation of the Service and the matters contemplated by this Agreement, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing, and, in making the determination to use the Service, you have relied solely on the results of such investigation and such independent judgement; (iii) without limiting the generality of the foregoing, you understand, acknowledge and agree that the legal requirements pertaining to blockchain technologies and digital assets generally, are uncertain, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties; (iv) there is no legal proceeding pending that relates to your activities relating to token or digital asset- trading or blockchain technology related activities; (v) you have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token-trading activities; and (vi) no investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to the Service and cryptocurrency. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by, Embedr, in determining to enter into this Agreement or otherwise use the Service.
Blockchain transactions require the payment of transaction fees to the appropriate network (
“Gas Fees”). You, as a User agree that you will be solely responsible for paying the Gas Fees for any transaction you initiate via any use of the Website.
You agree that you must provide all equipment and software necessary to connect to the Service. You are solely responsible for any fees incurred when accessing the Website, including Internet connection or mobile fees.
13. Limitation of Liability
If Embedr’s performance of its obligations under these Terms is prevented or delayed by any act or omission of User or any third party, Embedr shall not be deemed in breach of its obligations under these Terms.
Nothing on the Website constitutes an offer, advice, guidance on investment, or anything like these, the User shall be aware of the fact that Embedr does not promise, commits, or is obliged to anything, and the expressions on the Website cannot be interpreted in a way that they are an offer, advice, guidance on investment or anything like these.
In no event will Embedr, it’s developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Website, any other websites linked to it and any content on the Website (including the Website Content) or such other websites, 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.
Thus, you expressly agree that you assume all risks in connection with your access and use of any of our Services. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of any of our Services. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”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 Embedr has been advised of the possibility of such damage.
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; therefore above limitations or exclusions may not apply to User 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.
14. Indemnification
The User shall defend, indemnify, and hold harmless Embedr and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors from and against all costs, damages, and losses, including legal expenses resulting from any claim by third parties that (i) User’s use of the Website, the Website Content 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 Embedr by User via the channels set forth under Article 20 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.
15. Unlawful Activity and Termination of Access to the Website
Embedr 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 law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail address (if shared by the User previously), usage history, IP addresses, and traffic information.
Embedr 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 the Website 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.
You accept, declare, and undertake that you cannot claim any rights or receivables against Embedr due to any termination pursuant to this provision.
The User may terminate these Terms at any time by ceasing to access or use the Website. However, sections of these Terms which by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated in the section of
“Following Termination”.
16. Following Termination
Upon expiry or termination of these Terms for any reason, all rights of the User shall be terminated instantly.
The following clauses shall survive expiry or termination of these Terms
“Definitions”,
“Ownership of Intellectual Property and Contents on the Website”,
“Disclaimer of Warranty”,
“Limitation of Liability”,
“Indemnification”,
“Unlawful Activity and Termination of Access to the Website”,
“Following Termination”,
“Governing Law”,
“Severability” and
“Miscellaneous Provisions”, and all commitments of both Parties under these Terms shall cease to be fulfilled.
17. Governing Law
These Terms and all materials resulting directly or indirectly therefrom shall be governed and construed in compliance with the legislation of State of Delaware regardless of conflict of laws rules.
All disputes between the Parties in connection with or arising out of the existence, validity, construction, performance, and termination of these shall be finally settled by arbitration before Istanbul Arbitration Centre ("ISTAC”) pursuant to the ISTAC Arbitration Rules. The language of the arbitration shall be Turkish and English. The seat of the arbitration shall be Istanbul/Türkiye.
The number of arbitrators shall be applied as prescribed in the ISTAC Rules. The Parties may request interim legal protection pursuant to ISTAC Emergency Arbitration Rules.
18. 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.
19. Miscellaneous Provisions
Headings
The headings used in these Terms are for reference reasons only and do not influence understanding and interpretation of these Terms.
Waiver
Embedr’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.
Service Interruption
In order to ensure the utmost possible service level, Embedr reserves the right to interrupt the Website 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 the Website 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 the Website to the Users.
Additionally, the Website might not be available due to reasons outside Embedr’s reasonable control, such as
“Force Majeure”.
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.
Non-Exclusivity
These Terms are not exclusive.
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.
Assignment
Without prior written approval of Embedr, 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.
Embedr 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.
Entire Agreement
These Terms constitute the entire agreement between the Parties on the subject matter of the Terms and supersede any and all prior written or oral agreements and/or communications relating to the subject matter thereunder.
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.
Third-Party Services
The Website may include embedded third-party content or links (such as hyperlinks) to third party websites, resources, contents or services (including external websites that are framed by the Website as well as any advertisement displayed in connection therewith, and affiliate marketing links through which we may earn a commission if/when you click on or make purchases via affiliate links) that are not owned or controlled by Embedr (collectively,
“Third-Party Services”). When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that Embedr 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 Embedr. The inclusion of any Third-Party Services does not imply any association between Embedr and their operators. By using the Website, you expressly relieve and hold Embedr 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 the Website or failure of such Third-Party Services to function as intended. It is your responsibility to evaluate content and usefulness of the information obtained from third parties. 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.
Interpretation
Unless the context requires, (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.
Independent Legal Advice
User 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.
20. Contact Information
If you have any questions or complaints about these Terms, please contact us through contact@embedr.finance.