Terms of Use

1. Parties and definitions

1.1. These Terms of Use (the “Terms”) apply to the relationship between Fincode Yazılım ve Teknoloji A.Ş. (“Fincode”), located at Mecidiyeköy Fulya Mah. Büyükdere Cad. Torun Center D Blok No:74D Kat:10 İç Kapı No:43, Şişli, Istanbul, Türkiye, and the User, and to startup investment applications made to Fincode.

1.2. The following terms used in these Terms have the meanings set out below:

• Website: all pages under the fincodelabs.com domain, including the Turkish, English and German versions, blog posts and calculators.
• Fiva: the investment analytics app developed by Fincode for iPhone, together with Fiva Web, the web version of the app available at appfiva.com.
• Services: the Website, Fiva and the software development services Fincode provides to corporate clients.
• User: any natural or legal person who visits the Website or uses any of the Services.
• Client: a User who receives corporate software services from Fincode on the basis of a written proposal or contract.
• Content: all text, data, graphics, estimates, analyses, images and software on the Website and in Fiva, other than User Content.
• User Content: ideas, forecasts, portfolios and other posts shared by Users in the Fiva community.

2. Scope and acceptance

2.1. These Terms apply to the use of the Website and the Services and are published on this page, where they are accessible to everyone. Users who do not accept the Terms should not use the Website or the Services.

2.2. The principles governing the processing of personal data are explained, in accordance with Law No. 6698 on the Protection of Personal Data, in the separately published Privacy Policy.

2.3. For corporate software services, the written proposal or contract between Fincode and the Client and, for Fiva, any terms separately accepted in the app or on appfiva.com take precedence over these Terms within their respective scope. These Terms apply to matters not governed by those documents.

3. Scope of activities and investment advice disclaimer

3.1. Fincode is a software development company. It does not provide investment advice, portfolio management or crypto-asset services.

3.2. Information, commentary, estimates, analyses, ready-made smart lists, calculation results and User Content on the Website and in Fiva are provided for general information purposes. This content does not constitute investment advice within the meaning of Law No. 6362 on Capital Markets and is not a recommendation to buy or sell any capital market instrument, crypto asset or other investment instrument.

3.3. Personalized investment advice may only be provided by institutions authorized to do so, under an investment advisory agreement concluded with the investor. The Content may not be suited to the User's financial situation or risk and return preferences, and investment decisions based solely on the Content may not produce results that meet expectations.

3.4. Investment decisions and their consequences rest with the User. Past performance, historical accuracy rates and backtest results are not indicative of future results.

4. Website, blog and calculators

4.1. Use of the Website is free of charge and requires no registration. Descriptions of products and services on the Website are for information purposes only and do not constitute an offer.

4.2. Blog posts reflect the information available on the date they were published or last updated, and figures used in examples are hypothetical. For tax and regulatory matters, current official sources should be relied upon.

4.3. Calculator results are based on the values entered and the assumptions made by the User. They are provided for educational and information purposes only and are not a substitute for definitive return or tax figures. Calculations are performed in the User's browser, and the values entered are not sent anywhere.

5. Fiva

5.1. Fiva is an investment analytics app that provides data, analyses and tools relating to shares listed on BIST, NASDAQ and European exchanges, mutual funds, gold, foreign exchange and crypto assets, as well as macroeconomic indicators. No buy or sell transactions are carried out through Fiva. Fiva does not connect to bank or brokerage accounts and does not hold money or assets belonging to the User.

5.2. The Fiva iPhone app is currently offered in beta via Apple TestFlight and is free of charge during the beta period. The beta version may contain errors, and features may be changed, removed or temporarily unavailable without prior notice. If paid features are offered in the future, no fee will be charged to the User without the User's separate, explicit consent.

5.3. Fiva is not intended for persons under the age of 18. The User is responsible for keeping their account credentials confidential and must notify destek@fincodelabs.com without delay upon becoming aware of any unauthorized use of their account. The User may delete their account at any time in the app or by writing to the same address.

5.4. Market data in Fiva is obtained from data providers, and some of it is delayed. Which data is delayed is stated in the “Data and Delays” section (Veri ve Gecikmeler) of the Fiva iPhone app. Data may be inaccurate or incomplete.

5.5. Fund return estimates and similar estimates provided for shares are model-based. The historical accuracy rates shown with the estimates do not guarantee the accuracy of future estimates. Estimates may be wrong and are not buy or sell recommendations.

5.6. Fiva AI responses are generated automatically by artificial intelligence and may contain inaccurate, incomplete or outdated information. Fiva AI may take into account the portfolio information the User has entered in Fiva; however, it does not give buy or sell recommendations, does not create personalized investment recommendations by assessing the User's financial situation and risk and return preferences, and does not make decisions on the User's behalf.

5.7. Messages written to Fiva AI and the portfolio information needed for the response are sent to the AI service provider solely to generate the response. ID numbers, passwords or bank details, and special categories of personal data such as health information, should not be entered in Fiva AI or in community posts.

6. Community and user content

6.1. User Content belongs to the User who shares it. It is not verified by Fincode, does not reflect Fincode's views and does not constitute investment advice. User Content may be visible to other Users.

6.2. Because Fiva does not connect to bank or brokerage accounts, portfolios and forecasts shared in the community cannot be copied to the User's investment accounts through Fiva or automatically converted into transactions. Decisions made on the basis of User Content are the User's responsibility.

6.3. The User is responsible for ensuring that the content they share is lawful. The following may not be shared: false or misleading information and rumors that may constitute market fraud; inside information that has not yet been disclosed to the public; offers of unauthorized investment advice, paid signals or portfolio management; advertising and unsolicited promotion; insulting statements or statements that violate personal rights; personal data of other people; and content that infringes intellectual property rights.

6.4. The User grants Fincode a free, non-exclusive license, valid for as long as the content remains published, covering the rights of reproduction, distribution and communication to the public under Articles 22, 23 and 25 of Law No. 5846 on Intellectual and Artistic Works, limited to the purposes of displaying and storing User Content in Fiva and operating the community features.

6.5. Fincode has no obligation to review User Content in advance; however, Fincode may remove, without prior notice, any content it considers to be in breach of these Terms or of applicable legislation.

6.6. User Content considered to be unlawful, in breach of these Terms, or infringing personal rights or intellectual property rights may be reported to destek@fincodelabs.com, stating the content concerned and the reasons. Reports are assessed in accordance with Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications and related legislation.

7. Corporate software services

7.1. Fincode provides software development services in the areas of exchange API integration, algorithmic trading systems, backtesting and paper trading, TradingView alert automation, financial data dashboards, iOS and web applications, and code review. The scope, fee, duration and deliverables of each project and the responsibilities of the parties are set out in a written proposal or contract.

7.2. Strategy rules and investment decisions belong to the Client. Fincode does not recommend investment strategies, does not make investment decisions on the Client's behalf and does not manage the Client's accounts. Software developed by Fincode does not guarantee profits, and transactions executed through such software may result in losses. Backtest and paper trading results are not indicative of results in live markets.

7.3. Trading systems are installed on a cloud server or on the Client's own server and operate through the Client's own exchange, brokerage and TradingView accounts, solely according to rules set by the Client; Fincode does not make trading decisions at its own discretion in Client accounts. Fincode's practice is to use API keys only with the permissions required, and it does not request withdrawal permission; API keys provided to Fincode within the scope of a project are stored encrypted. Without prejudice to Fincode's security obligations under the contract, the Client is responsible for the security of its account credentials and of the API keys in its possession, and for compliance with the terms of the platforms it uses and with applicable legislation.

7.4. Systems are designed to run 24/7; however, interruptions and delays caused by exchanges, servers or connections cannot be entirely prevented. Unless otherwise agreed in a written contract, Fincode does not undertake that the systems will operate without interruption or error.

8. Startup investment applications

8.1. Startups may apply for investment by sending their pitch decks to yatirim@fincodelabs.com. Fincode invests solely from its own capital.

8.2. An application does not create any commitment by Fincode to invest or any obligation to respond to the application; only startups considered suitable are contacted. An investment relationship is established only by a written agreement signed by the parties.

8.3. Pitch decks are evaluated confidentially, and information submitted as part of an application is used solely to evaluate the application. The applicant confirms that it is authorized to share the pitch deck and that it has passed the link to Fincode's Privacy Policy on to the persons whose personal data appear in it. An application does not restrict Fincode in respect of products and services it has developed or will develop independently of the application.

9. Intellectual property rights

9.1. With the exception of User Content, the rights in the design, text, software, databases and estimation models of the Website and Fiva belong to Fincode or its licensors. The rights in market data belong to the relevant exchanges and data providers. Fincode's trade name and the Fincode and Fiva names and logos may not be used, without Fincode's written permission, in a way that suggests a connection with or endorsement by Fincode.

9.2. The User may view the Content in the course of normal use of the Website and Fiva. Subject to the exceptions provided for in Law No. 5846 and to short quotations with acknowledgement of the source, Content belonging to Fincode may not be reproduced, distributed, republished or used for commercial purposes without Fincode's written permission. Market data in Fiva is for personal use only and may not be exported in bulk, redistributed or used in any other product or service. Rights in User Content are governed by Section 6.

9.3. Rights in software developed in corporate projects are determined by the contract concluded with the Client.

10. Rules of use

10.1. The User agrees to use the Website and the Services in accordance with the law and these Terms. In particular, the following are prohibited:

• Attempting to gain unauthorized access to the Website, Fiva or their infrastructure, circumventing security measures or distributing malware
• Copying Content in bulk using bots, scrapers or similar automated tools, or placing an abnormal load on the systems
• Attempting to reverse engineer, copy or modify Fiva
• Impersonating another person, or using the Services to mislead, harass or defraud other Users

11. Limitation of liability

11.1. The Website and Fiva are provided “as is”. To the extent permitted by law, Fincode does not guarantee that the Content will be accurate, complete and up to date, or that the Website and Fiva will operate without interruption or error. For paid services, the User's statutory rights relating to defective services are reserved.

11.2. To the extent permitted by law, Fincode is not liable for investment decisions made on the basis of the Content, estimates, Fiva AI responses, User Content or delayed or inaccurate data, or for any losses arising from such decisions.

11.3. The Website and Fiva may contain links to third-party services such as Instagram, X, Facebook, WhatsApp, the App Store and TestFlight, and in corporate projects integrations may be set up with exchanges, brokerages and TradingView. These services are subject to their own terms of use and privacy policies; Fincode is not responsible for their content, operation or interruptions.

11.4. For corporate software services, Fincode's liability is determined by the written contract concluded with the Client.

11.5. The limitations of liability in these Terms do not limit Fincode's liability for intent or gross negligence, any liability that cannot be limited under Turkish Code of Obligations No. 6098 or other mandatory provisions, or consumers' rights under Law No. 6502 on the Protection of Consumers.

12. Changes and discontinuation of services

12.1. Fincode may change the content, features and design of the Website and Fiva, end the beta program, or suspend the Website and Fiva in whole or in part, temporarily or permanently. Permanent discontinuation of Fiva will be announced in advance where possible. Corporate software services are subject to the written contract concluded with the Client, and Users' rights relating to any paid features that may be offered in the future are reserved.

12.2. In the event of use in breach of these Terms or of applicable legislation, Fincode may, in proportion to the nature of the breach, remove the relevant User Content or suspend or close the User's Fiva account. The User will be notified of this unless prohibited by law.

12.3. These Terms may be updated to reflect changes in legislation or in the Services. The current version is published on this page together with the date of the last update, and changes do not apply retroactively. Material changes to the User's detriment will be announced separately to Fiva Users before they take effect and will apply to those Users only if they accept them; a User who does not accept a change may delete their account at any time. For corporate services based on a written proposal or contract, the provisions of the relevant contract apply.

13. Governing law, disputes and contact

13.1. These Terms are governed by Turkish law. Consumers' rights under the mandatory provisions of the law of the country of their habitual residence are reserved to the extent applicable.

13.2. Unless otherwise agreed in a written contract, the Istanbul Central (Çağlayan) Courts and Enforcement Offices have jurisdiction over disputes between Fincode and Users who are merchants or public legal entities.

13.3. Consumers' rights under Law No. 6502 and related legislation are reserved. Within the monetary limits set each year by the Ministry of Trade, consumers may apply to the consumer arbitration committee at their place of residence or where the consumer transaction took place; for disputes exceeding these limits, they may apply, after the mandatory mediation procedure provided for by law, to the consumer courts at their place of residence or to any other court with jurisdiction under the law.

13.4. Questions and notices regarding these Terms may be sent to info@fincodelabs.com, and requests regarding Fiva to destek@fincodelabs.com. Fincode can also be reached by written message on WhatsApp at +90 545 697 41 15.

13.5. The English and German versions of these Terms are provided for information purposes only. In case of any discrepancy between the versions, the Turkish text prevails.