Terms
RALLAE is a mobile application that provides data and information supplied by third-party content providers and analyses generated by artificial intelligence tools regarding cryptocurrencies, all legal rights of which belong to LUMO YAZILIM VE BİLİŞİM TEKNOLOJİLERİ A.Ş. (hereinafter referred to as “LUMO”).
This User Agreement (hereinafter referred to as the “Agreement”) governs the legal relationship between LUMO and the persons or entities who access the RALLAE mobile application (hereinafter referred to solely as “RALLAE”) or who benefit from the services provided by LUMO by using RALLAE (hereinafter referred to as the “User”), and sets forth the relevant terms and conditions.
The User represents that he/she/it has the authority to enter into this Agreement on his/her/its own behalf or, if applicable, on behalf of the organization he/she/it represents. The User further acknowledges and undertakes that he/she/it has read and understood this Agreement; is 18 years of age or older; that the information provided to LUMO about himself/herself and/or his/her/its account is current, accurate, verifiable and complete; and that he/she/it is not included in any sanctions list of the Republic of Türkiye or any national or international sanctions list. If the User enters into this Agreement on behalf of an organization, the User represents that he/she is the duly authorized representative of such organization and has the legal authority to bind it to this Agreement.
BY ACCESSING OR USING RALLAE, THE USER DECLARES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
BEFORE ACCESSING OR USING RALLAE, THE USER MUST READ ALL OF THE FOLLOWING TERMS AND CONDITIONS, THE PRIVACY POLICY, AND THE DISCLAIMER.
1. Acknowledgement
The User acknowledges that this Agreement is concluded between the User and LUMO only, and not with Apple Inc. (“Apple”). LUMO, not Apple, is solely responsible for the RALLAE application (“Licensed Application”) and its content. Apple is not a party to this Agreement.
2. Scope of License
LUMO grants the User a non-transferable, non-exclusive license to use the RALLAE application on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The terms of this Agreement shall govern any content, materials, or services accessible from or purchased within the Licensed Application, as well as upgrades provided by LUMO that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate agreement. Except as provided in the Usage Rules, the User may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. The User may not transfer, redistribute, or sublicense the Licensed Application. The User may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
3. Risk Warning
Trading in any financial instruments, including but not limited to cryptocurrencies, involves high risks primarily the risk of loss of investment—and is not suitable for all investors. In the event that the User executes any transaction based on RALLAE or any data, information, analysis or other content accessed through RALLAE (the “Content”), THE USER SHALL BE EXCLUSIVELY AND SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES THAT MAY BE INCURRED. In such case, LUMO shall not be liable in any manner whatsoever, and the User may not, under any name or title, claim from LUMO any loss, damage or harm suffered and/or that may be suffered. THE USER MUST READ THE DISCLAIMER in addition to this warning.
4. RALLAE Does Not Provide Investment Advice
RALLAE is for general informational purposes only. No information, data and/or analysis on RALLAE shall be construed as financial and/or investment advice. LUMO is not a licensed securities dealer, broker, investment advisor or investment bank and does not provide any financial services. Nothing contained in RALLAE constitutes a recommendation to buy or sell any financial instrument, nor does it reflect the views of LUMO, its management, employees or consultants. The responsibility to determine whether any investment is suitable for you, considering your investment objectives, risk tolerance and personal financial situation, rests entirely with you. Before making any decision, evaluating the benefits and risks of using the data, information and analyses made available through RALLAE is solely the responsibility of the User. THE USER MUST READ THE DISCLAIMER in addition to this warning.
No data, information or analysis contained in RALLAE constitutes a commitment or guarantee regarding the future. Such information may be incomplete, erroneous, delayed or based on assumptions, and may change over time and/or instantaneously without prior notice.
5. LUMO Is Not a Content Producer; LUMO Provides Hosting via RALLAE
LUMO is not the producer of any content contained in RALLAE provided via the internet. Data obtained from third-party data providers and information and analyses provided by third-party artificial intelligence tools are presented to the User.
The relevant scores in RALLAE are not provided via the internet; rather, they are indicators calculated offline on the User’s mobile device using the processing power of that device, and the scientific explanations of such indicators are described to the User within the RALLAE content.
6. Risk Warning Regarding Data and Third-Party Information
RALLAE obtains data from third-party providers, APIs, artificial intelligence models and automated systems. Therefore, LUMO does not guarantee the accuracy, timeliness, completeness, sequencing or integrity of any data; uninterrupted access to data streams, alerts and/or analyses; or the error-free and up-to-date nature of third-party sources.
The User acknowledges that LUMO shall not be liable for any analysis, alert, notification or any output whatsoever, without limitation, based on data obtained from third-party or external sources.
Pursuant to Law No. 5651, LUMO acts as a “hosting provider.” It has no general obligation to monitor third-party data. The User may report unlawful content via info@mooncape.co If unlawful content is identified following such notice, it will be removed by LUMO.
7. Use and Access
Use of RALLAE requires certain electronic equipment such as a mobile device and internet connection. The provision and maintenance of the means by which RALLAE is used are solely the responsibility of the User. The User shall be responsible for all access and service fees required to connect to RALLAE and shall bear all costs arising from the use of such connection services. The User further assumes all risks associated with the use and storage of information on the personal mobile device used to access RALLAE. LUMO does not guarantee that RALLAE will operate uninterruptedly, error-free or 100% securely.
The User represents and undertakes that he/she/it has implemented and will continue to implement appropriate safeguards regarding the security and control of his/her/its mobile device and the information and data contained therein.
The User shall not, directly or indirectly, expose RALLAE or any of RALLAE’s online service providers to any computer virus or any harmful or inappropriate material or device.
8. Consent to Use of Data
The User agrees that LUMO may collect and use technical data and related information—including but not limited to technical information about the User’s device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to the User (if any) related to the Licensed Application. LUMO may use this information, as long as it is in a form that does not personally identify the User, to improve its products or to provide services or technologies to the User.
9. Use of Artificial Intelligence
RALLAE may provide analyses and all kinds of cryptocurrency market information generated by or with the assistance of certain artificial intelligence tools. With current technology, it is not possible to ensure that AI-generated content is fully accurate and appropriate. Accordingly, we make no representation or warranty of any kind as to the completeness, accuracy, reliability or fitness for a particular purpose of such content. All AI tools are provided “as is” solely for informational and educational purposes.
You acknowledge that AI-generated content may not reflect current information or developments and should not be relied upon as the sole basis for decision-making. By using this platform, you agree that we shall not be held responsible or liable for any transaction carried out based on AI-generated content. Users are encouraged to independently verify any information and, where appropriate, obtain professional advice.
All existing disclaimers and limitations of liability regarding the platform, content and any crypto market information shall apply equally to all Content generated using AI tools.
10. Fees, Payments and Refund Policy
Certain products and services may require a subscription or fee. By subscribing or making a purchase, the User authorizes LUMO and its payment service providers to charge all applicable fees via the selected payment method. The User is responsible for all fees, taxes and statutory deductions arising from any use of the account.
Subscriptions made via RALLAE are subject to the payment infrastructure and terms of Apple Inc. (App Store). Payment, cancellation, auto-renewal and refund processes are exclusively between Apple and the User. No subscription fee refunds are provided for interruptions arising from iPhone iOS updates, App Store access issues or device incompatibility.
Details regarding fee changes, renewals, cancellations and billing (including automatic renewals) remain valid as stated herein. LUMO reserves the right to change pricing upon prior notice.
Payment processing services may be provided by third-party payment providers and are subject to their own terms and conditions. By using such services, the User agrees to be bound by the applicable payment provider’s agreement and permits LUMO to share necessary information with such providers for payment processing.
Due to the nature of digital content and instantly performed services, withdrawal right exceptions and Apple App Store refund policies apply. LUMO is not obligated to fulfill refund requests not approved by Apple. The User acknowledges that a portion of the fee paid constitutes the store commission (Apple Commission) and that such deductions are subject to platform rules in case of refunds.
11. External Services
The Licensed Application may enable access to LUMO’s and/or third-party services and websites (collectively and individually, “External Services”). The User agrees to use the External Services at the User’s sole risk. LUMO is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by LUMO or its agents. The User will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of LUMO or any third party. The User agrees not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and LUMO is not responsible for any such use. External Services may not be available in all languages or in the User’s home country and may not be appropriate or available for use in any particular location. To the extent the User chooses to use such External Services, the User is solely responsible for compliance with any applicable laws. LUMO reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to the User.
12. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the Republic of Türkiye, without regard to conflict-of-laws rules.
If any provision of these Terms and Conditions is held to be unlawful, void or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Exclusive Jurisdiction: Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Istanbul Anatolian Courts and Enforcement Offices.
13. Force Majeure
LUMO shall not be liable for any disruption or delay in RALLAE or failure to perform obligations under this Agreement arising from causes beyond its reasonable control (“Force Majeure Event”). Such causes include, without limitation, damage to or destruction of the User’s mobile device, data or records; delays, losses, errors or deficiencies resulting from malfunction or mismanagement of telecommunications or mobile devices or software.
Force Majeure Events include, without limitation, natural disasters, cybersecurity breaches, labor disputes, sabotage, supplier-related disruptions, acts of hostility, war, invasion, rebellion, insurrection, fire, storm, flood, icing, earthquake, explosion, epidemic, machine or equipment failure, accidents, orders/regulations/restrictions of authorities, and emergency repairs to LUMO property or equipment.
14. Intellectual Property Rights
All intellectual property rights in and to the design, software, domain name of RALLAE and all trademarks, designs, logos, trade dress, slogans and other content created by LUMO belong exclusively to LUMO.
The User may not use, share, distribute, display, reproduce or create derivative works from LUMO intellectual property without LUMO’s permission.
If the User infringes the intellectual property rights of LUMO or third parties, the User shall indemnify all direct and indirect damages and expenses of LUMO and/or such third party.
The User undertakes not to misuse RALLAE or services therein or engage in conduct infringing other users’ rights. LUMO may suspend, limit or terminate the User’s account upon detection of misuse, and the User shall bear full responsibility for resulting damages.
Usernames and aliases must comply with morality, etiquette and law, contain no political messages, and all economic rights under the Law on Intellectual and Artistic Works No. 5846 in such content (including publication, reproduction, distribution, representation and communication to the public) are deemed assigned to LUMO.
The User agrees not to use usernames, photos or aliases that are threatening, immoral, racist, unlawful or infringing third-party rights.
LUMO’s AI algorithms, analysis scores and third-party data are LUMO property and excluded from data portability scope.
In the event of any third-party claim that the Licensed Application or the User’s possession and use of the Licensed Application infringes that third party’s intellectual property rights, LUMO, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
15. No Warranty
THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE LICENSED APPLICATION IS AT THE USER’S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LUMO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LUMO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. In the event of any failure of the Licensed Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Licensed Application to the User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be LUMO’s sole responsibility.
16. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LUMO BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE USER’S USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LUMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LUMO’S TOTAL LIABILITY TO THE USER FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY UNITED STATES DOLLARS (USD 50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Product Claims
The User acknowledges that LUMO, not Apple, is responsible for addressing any claims of the User or any third party relating to the Licensed Application or the User’s possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of HealthKit and HomeKit frameworks, if applicable.
18. Legal Compliance
The User represents and warrants that (i) he/she/it is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she/it is not listed on any U.S. Government list of prohibited or restricted parties.
19. Termination
This Agreement is effective until terminated by the User or LUMO. The User’s rights under this Agreement will terminate automatically if the User fails to comply with any of its terms. Upon termination, the User shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
Upon termination, accrued rights and obligations up to the termination date shall be duly performed by the parties.
20. Third-Party Terms of Agreement
The User must comply with applicable third-party terms of agreement when using the Licensed Application. For example, the User must not be in violation of his/her/its wireless data service agreement when using the Licensed Application. The User also acknowledges and agrees that the applicable third-party terms of agreement include the Apple Media Services Terms and Conditions (available at https://www.apple.com/legal/internet-services/itunes/) and the Usage Rules set forth therein.
21. Third-Party Beneficiary
The User acknowledges and agrees that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon the User’s acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third-party beneficiary thereof.
22. Maintenance and Support
LUMO is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. The User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
23. Entire Agreement
This Agreement constitutes the entire agreement between LUMO and the User. Each party acknowledges that it has not relied on any representation, statement, undertaking or warranty not expressly set out herein.
24. Language
This Agreement may be translated into languages other than Turkish. Such translations are for convenience only. In case of inconsistency or ambiguity, the Turkish version shall prevail.
25. Privacy and KVKK (Code on Protection of Personal Data)
The User’s personal data shall be processed and protected in accordance with LUMO’s Privacy Policy and KVKK Information Notice. Personal data transmitted by the platform on which the mobile software operates are also processed within this scope.
Payment information is not stored on LUMO servers and is processed within Apple infrastructure.
26. Notices and Amendments
LUMO may update this Agreement from time to time. Amendments become effective upon publication in the website and/or application, and continued use of RALLAE constitutes acceptance.
All notices to the User (invoice, change, warning) are made via push notification or registered e-mail. The User is responsible for monitoring notices.
27. Assignment
The User may not assign rights or obligations under this Agreement without LUMO’s prior written consent. LUMO may assign all or part of its rights or obligations, including in mergers or reorganizations.
28. Evidence
User data stored in RALLAE shall be retained by LUMO in accordance with applicable law. In disputes arising from this Agreement, RALLAE access logs, App Store subscription records, LUMO server records and user records constitute binding and conclusive evidence.
29. Entry into Force
This Agreement enters into force upon the User’s registration and remains effective as long as membership continues.
30. Developer Contact Information
For any questions, complaints, or claims with respect to the Licensed Application, please contact:
LUMO YAZILIM VE BİLİŞİM TEKNOLOJİLERİ A.Ş.
Email: info@mooncape.co
Address: Caferaga Mah. Sifa Sk. No: 19 Kadıkoy, Istanbul, Türkiye