Terms of use of Website and Services
THIS AGREEMENT GOVERN YOUR RELATIONSHIP WITH ART. RESEARCH&DEVELOPMENT LTD., A COMPANY INCORPORATED IN ACCORDANCE WITH LEGILSATION OF THE SEYCHELLES ISLANDS WITH COMPANY NUMBER 227778 AT SUITE 1, SECOND FLOOR, SOUND&VISION HOUSE, FRANCIS RACHEL STR., VICTORIA, MAHE, SEYCHELLES (HEREINAFTER REFERRED AS “COMPANY”) AND USE OF COMPANY’S SERVICES (AS SUCH TERM DEFINED BELOW) AVAILABLE ON BEMINE.CLUB (“WEBSITE”) AND COMPANY'S DOMAINS INCLUDED WITHIN THIS WEBSITE PROVIDED TO YOU BY THE COMPANY. YOU MAY USE THIS WEBSITE AND/OR THE SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AND SERVICES. USING THIS WEBSITE AND/OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF USE”), DO NOT USE THIS WEBSITE AND/OR SERVICES.
BEFORE YOU PUT A CHECKMARK AT THE “I AGREE WITH THE TERMS OF USE AND PRIVACY POLICY” BUTTON AND PRESS “NEXT”, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS SUCH ACTIONS ARE A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I AGREE WITH THE TERMS OF USE AND PRIVACY POLICY” AND “NEXT” BUTTONS, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THESE TERMS OF USE ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF USE, CLICK THE “CANCEL” BUTTON AND YOU WILL NOT BECOME A PARTY TO THESE TERMS OF USE.
GENERAL TERMS AND ACCEPTANCE OF THIS AGREEMENT
1. The Company makes this Website including all information, graphics, documents, text, products and all other elements of the Website and all products and services offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document and any additional documents available at the Website. By accessing and using this Website, use of any Company’s Services available through this Website or clicking a checkmark at the “I agree with the Terms of Use and Privacy Policy” button and pressing “Next” button you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Website and/or its Services. If you do not agree to any additional specific terms or to particular transactions concluded through this Website, then you should NOT use the part of the Website, which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.
2. The Company can block access or restrict certain features of the Website for the User in relation to User’s place of residence or citizenship, or due to lack of certain KYC documents.
ENTIRE AGREEMENT
3. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with The Company for the Services or for any other Company`s product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with The Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
AMENDMENTS
4. These Terms of Use may be amended by The Company upon notice given by one or more of the following means: through the Website at or after you login to your Account, by the email communication to the address provided by you when you setup your Account, or by written mail communication to the address on record for your Account. Failure to provide or maintain accurate or current contact information by you will not release you from responsibility to comply with these Terms of Use as amended from time to time. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. In addition, specific terms and conditions may apply to specific content, products, materials, Services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms apply only where they are expressly designated as terms and conditions; they supplement these Terms of Use and, in case of any inconsistency, these Terms of Use prevail, unless such specific terms expressly identify the clause of these Terms of Use that they replace. The prices, fees, rates, limits and other parameters displayed in the Account at the moment of the relevant request or transaction, or published on the Website where these Terms of Use expressly refer to the Website for them, form part of this Agreement. Notwithstanding clause 1, landing pages, the blog, the help center and FAQ, guides, calculators, examples, advertising, social media posts, newsletters and messages of customer support are provided for information only, do not form part of this Agreement and do not create any obligation of the Company, save to the extent these Terms of Use expressly refer to them.
4.1 By creating an Account and/or using the Website and Services, the User agrees that the Company may send informational, marketing, and promotional communications to the contact details provided by the User. Such communications may include updates about products, services, offers, and news. The User may opt out of receiving marketing communications at any time by using the unsubscribe option or contacting the Company. Service-related and transactional messages may be sent regardless of the User’s preferences. The Company shall comply with applicable laws and shall not disclose the User’s contact details to third parties for independent marketing purposes without the User’s consent.
DEFINITIONS
5. The following definitions and rules of interpretation apply in this Agreement:
«Agreement» or «Terms of Use» means the present Agreement between You (User) and The Company.
«AI Optimisation» means a service for providing software changes to User’s devices purchased from the Company’s web site, allowing switching between coins available for mining within the framework of a single hashing algorithm. In the presence of this service, user equipment can automatically switch between the mined cryptocurrency up to 1 time per day in favour of the most profitable one in relation to other available ones. The list of available coins for switching is determined by the company. The switchover is based on the forecast of production performance for the next 24 hours, obtained as a result of calculations carried out by the Company. The order of calculations carried out by the Company when choosing a mined coin within the framework of a single hashing algorithm is not disclosed and is the property of the Company. The coins received as a result of mining are automatically converted by the company into the internal settlement currency, based on the weighted average market rates of such a coin in relation to BTC.
«Account» means a set of protected pages created as a result of the User registration on the Website, using which the User can request Services, control fulfillment of Services, check status of User`s Mining equipment and etc.
«Cloud Mining» means a service provided by The Company, allowing Users to participate in Mining without necessity to purchase and/or have its own Mining Equipment and/or without necessity to install any special software.
«Company» means ART. Research&Development Ltd., a Company incorporated in accordance with Seychelles Islands with Company number 227778 at Suite 1, Second Floor, Sound&Vision House, Francis Rachel Str., Victoria, Mahe, Seychelles.
«Cryptocurrency» or «virtual currency» means digital cryptographic representation of assets, represented by Ethereum (ETH), Bitcoin (BTC) and any other type of cryptocurrency.
«Fees» means amounts paid to The Company by the Users. Amount of the fee is specified at the Website.
«Fiat currency» means a government-issued currency, that is designated as legal tender in its country of emission on the legislative level.
«Hashrate» means a measure of the computational power of Mining Equipment per second used for Mining.
«Hosting» means a placing the Mining equipment for storage for special premises ensuring less expensive energy costs. Hosting service is provided by third-party organizations while The Company ensure fulfillment of obligation of both Users and such third party organizations.
«Inactive», «Needs repair» and «Unprofitable equipment» statuses means special statuses that Company may appoint to the User`s Mining equipment. Due to the physical properties of the equipment itself, the volatility of the cryptocurrency market, as well as the volatility of the network difficulty of various cryptocurrencies and other objective reasons, the equipment may become unusable or cease to make a profit. Upon receipt of one of the above statuses, the equipment, at the request of the user, must be repaired or replaced no later than within 30 calendar days from the moment of disconnection, otherwise the period called “Paid downtime” begins.
«Maintenance» means the process of keeping Mining equipment in functional condition. Only the Company and Service's affiliated companies may attend to maintain the equipment. Such action is required for any equipment purchased by the Users. Maintenance takes 48 hours and is carried out once every 3 calendar months from the date of purchase. The user equipment is turned off during Maintenance. The Maintenance fee is fixed by the Company for the whole equipment and charged every time this action is necessary. The cost of Maintenance is subject to change and is indicated on the Company's website.
«Mining» means a process of creation of new amounts of Cryptocurrencies through work of Mining equipment.
«Mining contracts» means a type of service provided by the Company being a fixed-term contract for renting a virtual hashrate, without reference to a specific Mining equipment model. Please note that, in the case of a cloud contract, a calendar month means 30 calendar days.
«Mining equipment» means a special computer equipment owned by the Company or User as the case may be, designated for Mining.
«Mining Package» means a Service provided by the Company, expressed in the ability for the User to use an indefinite and non-final list of equipment with fixed conditions of Package performance, for a certain period of time.
«Mining Pool» means an organized association of cryptocurrency miners. The member of these pools work together for the Mining. Cryptocurrencies created through mining in this case are subject to distribution among members of Mining Pool based on the contribution made to the Mining by each such member.
«Paid downtime» means a paid period that begins after 30 calendar days from the moment any of Inactive, Needs repair and Unprofitable equipment statuses are appointed to the user equipment. The cost of 1 calendar day of Paid downtime = $1. Every 3 months, the cost of Paid downtime will increase by $1 until inactive/need repairs/unprofitable equipment becomes active again.
«Parties» means You (User) and The Company (We).
«Politically exposed person» or «PEP» means
«Foreign PEPs»: individuals who are or have been entrusted with prominent public functions by a foreign country, for example Heads of state or Heads of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials.
«Domestic PEPs» means individuals who are or have been entrusted domestically with prominent public functions, for example Heads of State or of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials.
«Privacy Policy» means rules of collection, storage, distribution and protection of personal data that The Company gets from the Users and that is an essential part of the Agreement which text is available at.
«Services» means anything of the below:
a. Ensuring of User`s opportunity to participate in Mining Pools;
b. Agency Services for search for providers of Hosting services, support of provision of such services to User;
c. Provision of access to Cloud Mining;
d. Agency services for purchasing of Mining Equipment from third-parties;
e. Warranty maintenance
f. Mining Contracts
e. Customer services;
f. Technical and management services ensuring the normal operation of The Company or Website;
g. Other services publicly announced by The Company;
h. Operation of the Marketplace (clauses 36.1–36.11);
i. GPU Sharing (clauses 41.1–41.14).
«Token» means ERC-20 digital cryptographic token, which is a software digital token, created and issued by The Company as a cryptographically secured representation of the right to exchange it for services on the Website, e.g. to receive discount on Fees or on price of Mining equipment, and which give the User access to certain features on the Website. The Token (PAWĀ) may also be used by the Company, at its sole discretion, as a means of settlement of amounts credited to the User in connection with the Marketplace and GPU Sharing, at the rate determined by the Company at the moment of crediting. The Company does not guarantee the value, liquidity or exchangeability of the Token.
«User» means an individual capable under personal law natural person or business entity formatted in the appropriate legal form according to local legislation that is eligible to use the Website and has accepted the terms and conditions of the present Agreement with the Company. The Company reserves its right to set forth at any time and upon its own discretion special eligibility conditions or other requirements to certain Users.
«User Account Data» means Personal Data necessary to access and use the Website. The list of collected personal data is available in Privacy Policy.
«Warranty maintenance» means a service provided in relation to the equipment purchased by the User. The Service can be purchased for all the User's equipment or for individual types of equipment, entirely for equipment or parts thereof. When purchasing this service, work on bringing damaged equipment into functional condition is carried out at the expense of the Company. The purchase of this service by the User also means that during the work carried out with the User Equipment to bring it into functional condition, the Company provides replacement of User equipment with another, with appropriate power characteristics, to ensure continuous production. The cost of Warranty maintenance may vary, current information is reflected on the company's website. There are three types of Warranty maintenance:
«Standard Warranty» is free of charge and limited to a period of 6 calendar months from the date of purchase of the equipment. If it is necessary to carry out any work to bring the warranty equipment into functional condition, all work is carried out at the expense of the Company. Warranty work on bringing the equipment into functional condition is carried out within 14 calendar days. During this period, the equipment is switched off for warranty work.
«Extended Warranty» means a service provided by the Company for a fee that allows User to extend the Standard Warranty for a period of up to 12 calendar months from the date of purchase of the equipment. The cost of the Extended Warranty may vary. Up-to-date information about the cost is reflected on the Company's website.
«Premium Warranty» means a service provided by the Company for a fee that allows User to obtain priority Warranty maintenance. For the term of bringing User`s warranty equipment into functional condition under Premium Warranty maintenance, the Company ensures that Company`s Mining Equipment, which computational power is the same as User`s Mining Equipment in question, shall exercise Mining in such User`s interest. The term of Premium Warranty is 12 calendar months. The cost of the Premium Warranty may vary. Up-to-date information about the cost is reflected on the Company's website.
«Website» means a group of interrelated websites owned and operated by The Company, available in the Internet via address: https://bemine.club/
«Withdrawal» means a transaction involving a transfer of funds from the User’s Account.
6. In this Agreement unless the opposite is clear from the context the following rules of interpretation apply:
a) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
b) Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders;
c) References to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule;
d) A reference to any party shall include that party’s personal representatives, successors and permitted assigns;
e) All references to a person include firms, companies, government entities, trusts and partnerships or other or unincorporated body (whether or not having separate legal personality);
f) The term 'including' does not exclude anything not listed;
g) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
h) A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision;
i) A reference to writing or written includes fax and e-mail;
j) Any obligation on a party not to do something includes an obligation not to allow that thing to be done;
k) Any words following this Agreement including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding or following that agreement;
l) Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in this Agreement shall survive any termination or expiration of this Agreement. The rest of terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the legislation of the Seychelles and to the general rules of interpretation of such terms accepted in the Internet network.
RISKS NOTIFICATIONS
7. Cryptocurrency has special risks not generally shared with official currencies, goods, or commodities in a market. Unlike most currencies that are backed by governments, other legal entities, or commodities such as gold or silver, Cryptocurrencies are a unique type of "fiat" currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Cryptocurrencies in a crisis.
8. Instead, Cryptocurrencies are an as-yet autonomous and largely unregulated global platform of currency firms and individuals. Holders of cryptocurrencies put their trust in a digital, decentralised, and partially anonymous platform that relies on peer-to-peer networking and cryptography to maintain its integrity.
9. The Cryptocurrencies is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the Website is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
10. Cryptocurrency are unlike bank accounts or accounts at some other financial institutions are entirely uninsured.
11. User acknowledges that there are risks associated with using of the Website, participation in Mining including, but not limited to, the failure of hardware, software, and Internet connections. User acknowledge that Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the Website.
12. Remuneration for the Mining may be held by the User in his digital wallet or vault, which requires a private key, or a combination of private keys, for access. Accordingly, loss of requisite private keys associated with such the User`s digital wallet or vault storing the Remuneration for the Mining will result in loss of such Remuneration, access to User`s cryptocurrency balance, and/or any initial balances in blockchains created by third parties. Moreover, any third party that gains access to such private keys, including by gaining access to login credentials of a hosted wallet or vault service the User uses, may be able to misappropriate the Remuneration of the User.
13. Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Ethereum network and associated blockchain networks and different Cryptocurrencies could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of any Cryptocurrency, which could impede or limit their existence, permissibility of their use and possession, and their value.
14. The tax characterization of the Cryptocurencies is uncertain. The User shall seek his own tax advice regarding its participation in Mining, which may result in adverse tax consequences for the User, including, without limitation, withholding taxes, transfer taxes, value added taxes, income taxes, and similar taxes, levies, duties or other charges and tax reporting requirements.
15. There may be additional risks that we have not foreseen or identified in our Terms of Use.
16. You should carefully assess whether your financial situation and tolerance for risk are suitable for buying, selling, or trading Cryptocurrency.
17. Our banking providers DO NOT transfer, exchange, or provide any services in connection with cryptocurrencies.
ELIGIBLE USERS
18. The following restrictions and conditions apply to the use of services and creating and maintaining the Account (as such term defined below):
a. You shall not create an account in connection with the Website (an “Account”), or request Services if you are under the age of majority to enter into this Agreement (at least 18 years of age) and meet all other eligibility criteria and residency requirements and fully able and legally capable to use the Website;
b. You shall use the Website and/or Services if you are a PEP or any member of a PEP’s family or any close associate of a PEP, only after The Company, being specifically notified in writing that the User is such a person, conducts further due diligence, and determines that You are eligible for use of the Website and/or Services;
c. You shall monitor your Account to restrict use by minors, and you shall deny access to children and teenagers under the age of 18. You accept full responsibility for any unauthorized use of Website by minors in connection with your Account. You are solely responsible for any use of your cryptocurrency wallet or other payment instrument by minors;
d. You shall not create an Account if you have already created one Account on the Website;
e. You shall not have an Account or use Services if you have previously been removed by The Company from the Website;
f. You shall not create an Account or use the Website or the Services if you are a citizen or resident of a Restricted Jurisdiction or, in the case of a legal entity, are incorporated or established in, or controlled from, a Restricted Jurisdiction. «Restricted Jurisdiction» means: (i) any country or territory that is not available for selection in the “Country” field of the profile in the Account; (ii) any country or territory whose nationals or residents may not be provided with crypto-asset wallet, account or custody services under the sanctions of the European Union or the United Kingdom; and (iii) any jurisdiction in which cryptocurrency or Mining is prohibited by law. If you are not sure whether the Services are available to you, contact customer support before registering or making any payment. Your selection of a country in the Account constitutes your representation as to your country of residence. The Company may at any time verify your citizenship, residence or place of incorporation, refuse registration, restrict access under clause 2 or close the Account under clause 27. If a country ceases to be available, the Company will notify the Users concerned and may restrict their access to the Services under clause 2, and such Users may withdraw the funds available for Withdrawal in accordance with clauses 56 and 60–63, unless prohibited by applicable law;
g. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other User or third party;
h. You shall not use your Account to engage in any illegal conduct including but not limited to activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she will not use the Website to assist any other party in such illegal activity; and you shall not use your Account to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Website’s or the platforms underlying code or technical mechanisms; cause damage to the Website or The Company through any means, including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Website;
i. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without The Company’s written permission;
j. You shall not access or use an Account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Company’s consent;
k. Notwithstanding the foregoing, The Company may refuse to provide Website or Services to any person for any reason or no reason whatsoever.
USER ACCOUNT
19. The use of the Website may require You to create an Account (“Account”) on the Website. You warrant and represent that all information provided when creating such Account is current, complete, and accurate. You agree to promptly notify The Company of any changes to any information that would cause the information provided upon the Account’s creation to no longer be current, complete or accurate.
20. By creating an account on Website, User obtain access to request different Services from The Company, including to:
Participation in Mining Pools;
Participation in Cloud Mining;
Access to e-store of Mining equipment, including Warranty Maintenance service;
Access to Mining Contracts;
Access to the Marketplace (BETA);
Participation in GPU Sharing
21. The Company may close a dormant Account at any time with or without notifying User in case if there was no possible mean to contact User.
ACCOUNT CLOSING
22. Unless stated otherwise by the applicable law, either The Company or User may initiate the closing of Account at any time, without explaining reasons for it.
23. Account shall be closed within 5 (five) business days following the receipt of a respective User’s notification. In case The Company have allegations that User’s account is involved in suspicious transactions, Account shall be closed within 2 (two) calendar days.
24. Notwithstanding the closure of Account, User’s obligations under this Agreement will continue and all outstanding balances on Account will become payable at once. If Account is closed by The Company and if User still owes any money to The Company, Agreement shall continue to apply to User until The Company has received and acknowledged receipt of all monies due and payable to The Company.
25. In case Account is being closed by The Company or User has not stated any other account where the balance is to be transferred, The Company shall keep the balance without any interest being accrued on the same and subject to fees for keeping the balance. The balance shall be paid out at User’s request pursuant to Agreement and applicable fees. Before paying out the remaining balance, The Company shall identify User.
26. Account closing procedure and refund:
a) Recalculation. Please note that upon account closure and full refund, the withdrawals made from the account will be summed up and deducted from the amount of purchases before actual refund. The funds obtained through trial mining will not be available for withdrawal. Upon account closure and full refund, the Company cannot provide compensation in excess of 80% (75% for PRE-ORDERS) of the initial purchase amount. These funds are withheld as necessary expenses for maintaining a personal account and equipment provided for personal use, as well as in favour of legal and other expenses of the company for organizing mining for the User. Amounts paid for Marketplace Items, Listing Fees and other Marketplace fees, GPU Shares, GPU Hours and GPU Servers are not refundable and are excluded from the refund calculation;
b) In order to start the account closing procedure and full refund the Company needs to confirm User’s personal data and identity;
c) Full identity verification takes not less then 14 days;
d) The User must provide a valid cryptocurrency address for a refund.
27. The Company is entitled to close Account unilaterally in the following cases:
a) User has failed to comply with Terms of Use and/or fulfil its obligations before The Company;
b) User has submitted incorrect and/or false and/or misleading information/documents to The Company;
c) User has not accessed Account or executed any transactions for more than 6 continuous months or for other period of time determined by The Company at its absolute discretion and Account balance is zero or negative;
d) Signatory right of User’s representative has expired;
e) The Company receives information of User’s negative reputation or User shows disrespect to The Company;
f) The Company suspects that User or funds available on Account are related to the laundering of funds derived from criminal activities or terrorism, or funds available on Account are unlawful or operations are made in benefit of PEP;
g) Once Account is closed for any reason, all electronic services linked to Account will also be terminated automatically.
28. If the User purchases the Mining Equipment through Company`s Services and/or purchase Hosting from Company`s partners, the User shall ensure signing of separate agreement with provider of Hosting within 3 working days after the closing of the Agreement. The User acknoweledges and agrees that after the closing of the Account the User has no rights to control Hosting services through the Website.
PARTICIPATION IN MINING
29. The Company allows its Users to participate in Mining through purchasing part of Mining equipment. Depending on Mining equipment User is entitled to purchase at least 1/2/5% of 1 piece of Mining equipment (hereinafter – “Mining participation right”).
30. By purchasing Mining participation right, the User obtain right to receive part of Cryptocurrencies from work of Mining equipment proportionate to Mining participation right purchased by the User. The User acknowledges and agrees that due to the nature of cryptocurrency The Company cannot and shall not warrants any revenues from the Mining exercised by the Mining equipment, provided however that The Company ensure Hashrate of such Mining equipment in amount specified at the Website.
31. Cryptocurrencies created by Mining exercised by the Mining equipment are subject to distribution among Users purchased Mining participation right in proportion to amount of Mining participation rights held by each User (hereinafter – “Remuneration from the Mining”).
32. Remuneration from the Mining are transferred to User`s account within one calendar day after the day during which Mining was exercised. The User is entitled to withdraw such Remuneration in accordance with section “Withdrawal” below.
33. The User acknowledges and agrees that after 6 months from the moment of purchasing of Mining participation right the User bears a risk of any Mining equipment failure in amount proportionate to his/her Mining participation right. The Company is entitled to withhold any expenses for restoring of such Mining equipment from the amount of Remuneration for Mining of the User. However, if the User purchased Mining equipment specified as “Used” category or Mining participation rights in relation to Mining equipment specified as “Used”, a risk of any such Mining equipment failure is transferred to the User after 2 months from the moment of purchase. Mining equipment and Mining participation rights acquired through the Marketplace are deemed to be of the “Used” category, and the risk of their failure passes to the Buyer at the moment of transfer.
34. The User does not have the right to resell his rights to participate in mining, save through the Marketplace in accordance with clauses 36.1–36.11; any other resale, assignment or transfer is void. The User agrees that The Company has the right, in exceptional cases, to independently make a decision on considering applications for resale of mining participations from Users.
35. The User is also entitled to purchase whole piece of Mining equipment. In this case the User is entitled to (1) request Company to ensure Hosting on Company’s discretion or (2) request The Company to send the Mining equipment to the address designated by the User. The User is entitled to exercise second option not earlier than 2 months after the purchase of whole piece of Mining equipment. If the User chooses the second option, The Company shall order delivery of Mining equipment to the address designated by the User within 2 months from the User`s request.
36. The Company is entitled to provide complex products consisting of different Mining participation rights. The conditions of such mining must be reflected on the main website of the company and are accepted by Users in each purchase case. Refunds for Package are not provided. Provided however, that the User`s right prescribed in Clause 35 of this Agreement does not apply to such Mining Packages.
MARKETPLACE (BETA)
36.1 The Company makes available in the Account a marketplace (the “Marketplace”) on which a User (the “Seller”) may offer to other Users (each a “Buyer”) the items designated by the Company from time to time as eligible, including whole pieces of Mining equipment, Mining participation rights and the GPU Shares, GPU Servers and GPU Hours defined in clause 41.1 (the “Marketplace Items”), by means of a listing (the “Listing”). The Marketplace is provided in beta version (“BETA”): its functionality, rules, eligibility criteria, fees, balances and settlement currencies may be changed, limited, suspended or withdrawn at any time, and it may contain errors. The rules, fees and parameters displayed in the Marketplace interface form part of this Agreement.
36.2 A Marketplace transaction is an assignment to the Buyer of the Seller’s rights under this Agreement in respect of the Marketplace Item (and, for a whole piece of Mining equipment or a GPU Server, a transfer of title to it), which takes effect only upon its registration by the Company in the Accounts of the Seller and the Buyer. Such registration constitutes the Company’s consent under clauses 34 and 86. Marketplace Items are contractual rights recorded solely in the Company’s records; they are not securities, financial instruments, deposits, electronic money, virtual assets or investment products, do not represent any interest in the business, assets or revenues of the Company, and may not be transferred or encumbered outside the Marketplace.
36.3 The Company is not a party to transactions between Users and does not act as a broker, fiduciary, escrow agent or custodian of any User, save for receiving and crediting the price on the Seller’s instruction under clause 36.4; nor does the Company guarantee the performance of any User or verify or give advice on the condition, value or price of any Marketplace Item. The Company and its affiliates may themselves sell and buy on the Marketplace, including under clause 41.10 and in respect of their own equipment, and may label or feature their Listings; the Company determines the ranking and display of all Listings at its sole discretion, and the User consents to any resulting conflict of interest.
36.4 The Seller sets the price of its Listing. The listing fee (the “Listing Fee”) and any other fees are displayed before the Listing is submitted and are charged when the Listing goes live; the Listing Fee is non-refundable in all cases, including where the Marketplace Item is not sold, the Listing is withdrawn, expires or is removed, or the Marketplace is suspended or closed. Top-ups of the Seller’s balance are made in cryptocurrency within the payment window displayed, and clause 76 applies. A Listing constitutes the Seller’s irrevocable offer to any Buyer and the Seller’s irrevocable instruction to the Company to transfer the Marketplace Item upon purchase, receive the price, deduct the Listing Fee, any other fees, accrued charges and amounts owed to the Company, and credit the remainder to the Seller.
36.5 While a Marketplace Item is listed, it does not participate in Mining or, as the case may be, cannot be used by the Seller, and no Remuneration from the Mining accrues to the Seller, whereas Fees and Paid downtime continue to accrue as displayed in the Account. The statuses and characteristics of Marketplace Items (including online, offline, “Needs repair”, hashrate and warranty) are derived from the Company’s monitoring or provided by the Seller, are for information only and may change at any moment, including before the purchase is completed; the Company is under no obligation to inspect, update or repair any Marketplace Item. The Seller may withdraw its Listing before the purchase.
36.6 A Buyer accepts a Listing by pressing the “Buy” button, whereupon the price is debited from the Buyer’s balance, and the transfer is final and irreversible upon registration, without any right of cancellation, return, exchange or refund. Marketplace Items are acquired “AS IS”, “WHERE IS” and “WITH ALL FAULTS”: the risk passes to the Buyer at the moment of transfer, no warranty passes unless expressly displayed in the Listing, Paid downtime continues to accrue, and the period referred to in clause 35 runs from the transfer. To the extent any statutory right of withdrawal applies, the User expressly requests immediate performance and acknowledges that such right is lost upon registration of the transfer.
36.7 The price, less the amounts deducted under clause 36.4, is credited to a separate balance of the Seller (the “Seller Balance”), which bears no interest and may be used for payment of the Services and for purchases on the Marketplace. Notwithstanding clause 61, funds on the Seller Balance may be withdrawn only if and to the extent the Company enables such withdrawal in the interface, subject to identification (KYC), a holding period of up to 30 calendar days, limits and the fees under clauses 56 and 62. The Company may set off against the Seller Balance any amounts owed to it, and clauses 25 and 59 apply.
36.8 The Company is entitled, at its sole discretion, with or without notice and without any liability, to: (a) determine the eligibility of Marketplace Items, Users and jurisdictions and require identification and proof of the source of funds at any stage; (b) approve, reject, hide, suspend or remove any Listing and set minimum and maximum prices, price ranges, lot sizes, listing periods and limits; (c) change the Listing Fee and other fees for future Listings and transactions; (d) correct, cancel or reverse any transaction affected by a technical error, erroneous price or status, malfunction, fraud, manipulation, sanctions or a legal requirement, by reversing the relevant records and restoring the parties, as far as practicable, to their previous position; (e) freeze any Marketplace Item, balance or proceeds pending an investigation and report to the competent authorities; (f) change the mechanics, interface and settlement currencies of the Marketplace; and (g) suspend or close the Marketplace or BETA in whole or in part, in which case active Listings are cancelled, Marketplace Items remain with their holders and Listing Fees are not refunded. The Company’s records, including logs, timestamps, statuses and meter readings, are conclusive evidence of Marketplace transactions, save for manifest error.
36.9 The User shall not carry out wash trades or transactions with itself or between related Accounts, manipulate prices or collude with other Users, create fictitious or misleading Listings or conceal known defects, agree or settle any transaction outside the Marketplace or otherwise circumvent the fees, or use the Marketplace for money laundering, sanctions evasion or any other unlawful purpose. In case of breach, the Company may cancel or reverse the relevant transactions, retain the fees, freeze the proceeds, close the Account under clause 27 and recover its losses from the User.
36.10 Each User is solely responsible for any taxes arising from its Marketplace transactions. The Company may request information from the User, report to the competent authorities and withhold amounts where required by applicable law.
36.11 A trade-in of Mining equipment is not a Marketplace transaction: the Company is the counterparty, the value of the equipment traded in is determined by the Company at its sole discretion and is final, title to such equipment passes to the Company, and such value is credited only against the price of new equipment and has no monetary equivalent.
CLOUD MINING
37. The User requested and paid Cloud Mining service is entitled to participate in Cloud Mining on the terms specified in User`s request for Cloud Mining Services.
38. The User acknowledges and agrees that the User does not obtain any proprietary rights in any Mining equipment used to ensure such Cloud Mining. The Company at its sole discretion is entitled to choose what Mining Equipment shall be used to ensure fulfillment its obligation to provide Cloud Mining service. The Company solely bears all risks of Mining equipment failures in relation to Mining equipment used to ensure such Cloud Mining. Provided however The Company shall ensure Hashrate in amount specified in User`s request.
39. Maintenance fee only goal is to keep mining machines steadily decrypting blocks, without the necessity of contacting each User who participate in Cloud Mining using such Mining equipment. Maintenance fee is mandatory for all Users that participates in Cloud Mining. Maintenance fee is always collected automatically. Amount of such maintenance fee is a $20. Market price of the equipment is the one provided by the Company in "Shop" area of the Website. Pay attention that maintenance fee may vary in case of market conditions. It also can be changed without the need of additional informing of the Users.
40. The Company notifies the User one month before maintenance fee shall be collected.
41. If User fails to pay for the maintenance fee, including if the User fail to ensure appropriate balance on the Website in order to ensure opportunity of the Company to collect the maintenance fee, the provision of Cloud Mining Services to such User will be suspended until the fee is paid by the User.
GPU SHARING
41.1 GPU Sharing is a Service under which the Company provides Users with computing time on graphics processing servers operated or hosted by the Company (the “GPU Equipment”), measured in hours (the “GPU Hours”). A User may acquire a fraction of less than 100% of the computing capacity of a configuration of GPU Equipment (a “GPU Share”) or a whole unit of GPU Equipment (a “GPU Server”). A GPU Share is a prepaid right to receive GPU Hours in proportion to such GPU Share; it confers no title, co-ownership or security interest in any GPU Equipment and is not a deposit, investment, security or right to any income or profit.
41.2 The Company selects, locates in any data center and jurisdiction, relocates, pools, replaces, upgrades and decommissions GPU Equipment at its sole discretion. GPU Shares are served from a pool of equivalent GPU Equipment; any serial number, photograph or telemetry displayed in the Account is for information only and does not allocate any specific GPU Equipment to a GPU Share. GPU Shares and GPU Servers offered before the relevant GPU Equipment is put into operation are pre-orders, clauses 50–53 apply to them, and any commissioning dates are indicative only.
41.3 GPU Hours are credited periodically in the amount displayed in the Account and are debited according to the Company’s metering system, whose readings are conclusive, at the rates, coefficients (which may depend on the configuration, model, time of day and priority) and minimum increments set by the Company. The Company sets the rules on carry-over and on the maximum accumulated balance of GPU Hours and may make Auto mode (clause 41.9) the default setting. GPU Hours are not money, have no monetary equivalent, cannot be redeemed for cash and may be transferred only through the Marketplace; unless otherwise displayed in the interface, they remain available while the GPU Share is active. By acquiring a GPU Share, GPU Server or GPU Hours, the User expressly requests immediate performance and, to the extent permitted by law, waives any statutory right of withdrawal.
41.4 The Company does not guarantee any uptime, availability, latency, queue time or capacity and determines scheduling priorities at its sole discretion. Once GPU Hours are sold or booked, the booking is irrevocable and such GPU Hours are unavailable to the owner of the GPU Share or GPU Server. Any service level applies only under a separate written agreement signed by the Company. Where GPU Hours are debited but no computing time is provided for reasons attributable to the Company, the User’s sole remedy is the re-crediting of such GPU Hours.
41.5 The available templates and models are determined by the Company, which may add, remove, replace or restrict any model for licensing, legal, security or commercial reasons. The licenses and acceptable use policies of third-party models are binding on the User, and the Company does not warrant that any license permits the User’s intended use, including commercial use. Models without content filters are made available only upon request, on dedicated GPU Equipment, at the Company’s sole discretion and after the User has accepted full responsibility for their use, and such permission may be revoked at any time. A User with administrative (SSH) access is solely responsible for any software and model weights it installs.
41.6 The User is solely responsible for its inputs, prompts, datasets, fine-tuned models and outputs and for their use; the User who runs a workload, including a renter of GPU Hours, is responsible for it. Outputs may be inaccurate, offensive or infringing and must not be relied upon. As between the Parties, the User holds any rights in its outputs, subject to the applicable model licenses, and grants the Company a license to host, process and transmit its content solely to provide GPU Sharing and to comply with the law.
41.7 The encryption of private volumes and the wiping of containers and video memory are reasonable measures and not a guarantee of isolation, security or confidentiality, and the Company does not back up User data (clause 65 applies). The User shall not upload personal data of third parties without a lawful basis and acts as the controller of such data. Data may be processed in any jurisdiction where GPU Equipment is located. Upon the transfer or termination of a GPU Share or GPU Server or the closure of the Account, the relevant private volume is irretrievably deleted after 7 calendar days.
41.8 The User shall not use GPU Sharing to create, store or distribute child sexual abuse material (zero tolerance), create intimate or deceptive content depicting real persons without their consent, develop or distribute malware or carry out cyberattacks, commit fraud, phishing or spam, develop weapons, weapons of mass destruction or other dual-use items, carry out unlawful surveillance, infringe the rights of third parties or mine cryptocurrencies; nor shall the User circumvent the metering, isolation or security measures, resell access outside the Marketplace, use GPU Sharing anonymously or violate any sanctions or export control laws. The Company may apply automated filters and hash-matching, monitor metadata, log prompts and outputs for the investigation of incidents, stop any session immediately, suspend access, delete content, cancel GPU Hours without compensation and report to the competent authorities; clause 85 applies.
41.9 The owner of a GPU Share or GPU Server may list unused GPU Hours on the Marketplace or enable automatic mode (“Auto mode”), which constitutes a standing instruction to the Company to offer such GPU Hours to other Users at the rates and on the terms determined by the Company. Demand is allocated among owners by an algorithm of the Company, which is not disclosed and is the property of the Company, and no level of utilisation is guaranteed. The owner is paid the amounts actually received by the Company for the GPU Hours consumed, less the fees displayed in the Account, in USDT, Tokens or any other currency and on the schedule chosen by the Company, and any payout is reversed in case of a refund or chargeback to the renter. Users without a GPU Share may purchase GPU Hours at the rates displayed, on a prepaid and non-refundable basis.
41.10 The Company may, at its sole discretion and without any obligation, buy back unsold GPU Hours at a rate determined by the Company (the “Floor Buy-back”), and may change such rate, set limits, exclude any GPU Hours and suspend or discontinue the Floor Buy-back at any time without notice. The Floor Buy-back is settled exclusively in Tokens at the rate determined by the Company, and GPU Hours bought back become the property of the Company. Any reference on the Website or in other materials of the Company to a “guaranteed” floor, buy-back or rate, or to idle hours being “always paid”, describes the Company’s current practice only and creates no obligation of the Company.
41.11 Title to a GPU Server passes to the User upon payment in full and the putting into operation of the GPU Server, together with the risk of its loss or failure. The GPU Server remains hosted by the Company, and the User has no right to its delivery, removal, relocation or physical access; any on-site audit requires a separate arrangement, which the Company may refuse. The Company operates and maintains the GPU Server, may relocate it between data centers, may replace any failed component or unit with an equivalent or better one, title to the replacement passing to the User and title to the replaced item to the Company, and retains administrative, hypervisor and out-of-band access. The provisions of this Agreement on Hosting, Maintenance, Warranty maintenance (if purchased), Paid downtime and Fees apply to GPU Servers mutatis mutandis, and a GPU Server may be rented out only through the Marketplace. If any amount owed to the Company remains unpaid, the Company may suspend access to the GPU Server and, after 60 calendar days, sell it through the Marketplace or otherwise and set off the proceeds. Upon closure of the Account, clauses 24–28 apply, and the Company may sell the GPU Server or buy it out at a residual value determined by the Company.
41.12 GPU Shares and GPU Servers may be resold only through the Marketplace. Unless otherwise displayed in the interface, unused GPU Hours pass with the GPU Share, active bookings are performed first, and the private volume is wiped before the transfer.
41.13 The service life of each configuration of GPU Equipment is determined by the Company. Upon decommissioning of any GPU Equipment, configuration or data center, or upon discontinuation of GPU Sharing, the Company at its sole discretion (a) transfers GPU Shares to another configuration at a conversion ratio determined by the Company, (b) compensates the remaining GPU Hours or residual value in Tokens or in the Company’s goods and services, or (c) terminates the GPU Shares, and no cash refund is provided. In respect of a GPU Server, the Company at its option buys it out at a residual value determined by the Company, continues hosting it on separate terms or arranges its delivery at the User’s expense where lawful.
41.14 The User represents that it is not a sanctioned person and does not intend any prohibited end use of GPU Sharing, including any military use, and is solely responsible for compliance with the laws of its jurisdiction on the acquisition and use of computing equipment located abroad. The Company may refuse any sale of GPU Shares or GPU Servers or any access to GPU Sharing, and may terminate GPU Sharing for any User, without compensation.
TRIAL/ DEMO MINING
42. Trial/Demo Mining feature of the Website must only be used to learn basic information about rules of mining of crypto and also Services provision features.
43. "TRIAL/DEMO MINING" is only can be used once per User. Any manipulations nor speculations or abuses of the featured functional is a subject for internal investigation and will be prosecuted according to the law of the user`s country.
44. The User can spend the funds obtained as a result of using of TRIAL/DEMO MINING feature only on payment of Company`s Services available on the Website. Users are prohibited to withdraw any funds minted/mined through TRIAL/DEMO MINING.
BONUSES AND REFERRAL PROGRAM
44.1 «Bonus Funds» means funds and other values credited to the User’s Account by the Company free of charge or on promotional terms, including deposit bonuses, rewards for achievements and the Reward Track and funds obtained through Trial/Demo Mining (clause 44), other than Referral Rewards. Bonus Funds may be used only to pay for the Services in the Account, bear no interest, have no monetary equivalent, cannot be transferred to another User and are not available for Withdrawal. The conditions, validity periods and restrictions of each promotion are displayed in the Account or in the rules of the promotion.
44.2 The Company may cancel unused Bonus Funds and debit from the Account balance an amount equal to Bonus Funds already used where they were obtained in breach of these Terms of Use or the rules of the promotion, through multiple or related Accounts or other abuse, or where the deposit or purchase for which they were granted is cancelled or refunded. Upon closure of the Account, unused Bonus Funds are cancelled and are not taken into account in the refund calculation under clause 26.
44.3 The Company operates a referral program (the “Referral Program”). After making the minimum deposit displayed in the Account, the User (the “Referrer”) receives a personal referral link in the “Referral System” section of the Account. A person who registers through the Referrer’s link is a first-level referral, and a person who registers through the link of a first-level referral is a second-level referral (together, the “Referrals”). A Referral is attributed to the Referrer only upon registration through the link and cannot be reassigned at the request of the User.
44.4 Depending on the Referrer’s status, the Referrer receives rewards in Cryptocurrency and in Tokens (the “Referral Rewards”) calculated on the deposits of the Referrals and on the Mining revenue of first-level referrals, Tokens for new Referrals and for reaching a status, and discounts on the Services. The statuses and the conditions for reaching them, the rates, the amounts of Tokens, the discounts and other parameters of the Referral Program are published on the Referral Program page of the Website and in the “Referral System” section of the Account and form part of this Agreement. Referral Rewards accrue only on deposits actually received and credited to the Referrals’ Accounts and on Mining revenue actually credited to them, and are credited within the period displayed in the Account.
44.5 Referral Rewards credited in Cryptocurrency may be used to pay for the Services or withdrawn in accordance with clauses 56 and 60–63. Referral Rewards credited in Tokens are subject to clauses 58.1–58.3. Discounts under the Referral Program apply only to future purchases and have no monetary equivalent.
44.6 If a deposit of a Referral is cancelled, returned, charged back or found to be unlawful, or a Referral receives a refund upon closure of its Account under clause 26, the Referral Rewards accrued on such deposit are cancelled, and the Company may debit their amount from the Referrer’s Account balance or set it off against future Referral Rewards and Remuneration for Mining.
44.7 The Referrer shall not refer itself or persons acting on its behalf, register Referrals through multiple or related Accounts (clause 18(d)), use fake, paid or automated registrations, send spam (clause 18(g)), impersonate the Company, present the Services as an investment, promise any income, profit or guaranteed return or make any other misleading statement about the Services. In case of breach, the Company may cancel Referral Rewards not yet credited, debit those already credited, detach the Referrals, exclude the User from the Referral Program and close the Account under clause 27.
44.8 The Company may change the parameters of the Referral Program or discontinue it at any time by publishing the change on the Referral Program page or in the Account. Changes apply to Referral Rewards accruing after their publication; Referral Rewards accrued before remain with the Referrer, subject to clauses 44.6 and 44.7. The Company’s records of registrations, deposits, Mining revenue and accruals are conclusive evidence, save for manifest error. Each Referrer is solely responsible for any taxes on its Referral Rewards.
PURCHASE OF MINING EQUIPMENT
45. The User is entitled to choose at the Website the Mining equipment that the User intent to purchase. The User shall send a request for such equipment to The Company through the website request forms.
46. The User acknowledges and agrees that prices of Mining equipment displayed on the Website is for information purpose only. The prices displayed on the Website shall not be considered an offer to purchase the Mining equipment. The Company specify the price for the Mining equipment chosen by the User in writing within 10 working days after receipt of User`s request on purchase of such equipment.
47. If on the date of User`s request The Company does not store certain Mining equipment, The Company proposes the User another Mining equipment. If the User accept Company’s offer for another Mining equipment the User shall pay for such equipment in accordance with Company`s instructions.
48. The User is entitled to obtain a discount for price of chosen Mining equipment by sending amount of Tokens specified on the Website to Company`s cryptocurrency wallet through the Website`s interface. Maximum amount of discount in this case is 35%.
49. The Company shall order the delivery of the Mining equipment to the (A) Hosting provider or (B) to the address designated by the User at User`s discretion within 2 weeks from the date of payment for the Mining equipment by the User. The term of delivery depends on third-party delivery service. The Company shall notify the User of term of delivery within 1 week after the delivery is ordered. Complaints arising from the delivery of equipment purchased by the User from a partnered data-centres for independent use should be addressed to The Company's Technical Support Department no later than in 7 calendar days from the moment the User receives the equipment. The moment of receiving the ordered equipment by the User is considered to be the moment the Transportation Company reports the shipment release. After the time allotted for returning/exchanging the received equipment has passed, The Company cannot accept complaints about the completed delivery. The responsibility for timely inspection of the delivered equipment belongs to the User. Failure by the User to fulfill this obligation is the basis for further refusal of The Company's services.
BEFORE YOU PUT A CHECKMARK AT THE “I AGREE WITH THE TERMS OF USE AND PRIVACY POLICY” BUTTON AND PRESS “NEXT”, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS SUCH ACTIONS ARE A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I AGREE WITH THE TERMS OF USE AND PRIVACY POLICY” AND “NEXT” BUTTONS, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THESE TERMS OF USE ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF USE, CLICK THE “CANCEL” BUTTON AND YOU WILL NOT BECOME A PARTY TO THESE TERMS OF USE.
GENERAL TERMS AND ACCEPTANCE OF THIS AGREEMENT
1. The Company makes this Website including all information, graphics, documents, text, products and all other elements of the Website and all products and services offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document and any additional documents available at the Website. By accessing and using this Website, use of any Company’s Services available through this Website or clicking a checkmark at the “I agree with the Terms of Use and Privacy Policy” button and pressing “Next” button you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Website and/or its Services. If you do not agree to any additional specific terms or to particular transactions concluded through this Website, then you should NOT use the part of the Website, which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.
2. The Company can block access or restrict certain features of the Website for the User in relation to User’s place of residence or citizenship, or due to lack of certain KYC documents.
ENTIRE AGREEMENT
3. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with The Company for the Services or for any other Company`s product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with The Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
AMENDMENTS
4. These Terms of Use may be amended by The Company upon notice given by one or more of the following means: through the Website at or after you login to your Account, by the email communication to the address provided by you when you setup your Account, or by written mail communication to the address on record for your Account. Failure to provide or maintain accurate or current contact information by you will not release you from responsibility to comply with these Terms of Use as amended from time to time. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. In addition, specific terms and conditions may apply to specific content, products, materials, Services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms apply only where they are expressly designated as terms and conditions; they supplement these Terms of Use and, in case of any inconsistency, these Terms of Use prevail, unless such specific terms expressly identify the clause of these Terms of Use that they replace. The prices, fees, rates, limits and other parameters displayed in the Account at the moment of the relevant request or transaction, or published on the Website where these Terms of Use expressly refer to the Website for them, form part of this Agreement. Notwithstanding clause 1, landing pages, the blog, the help center and FAQ, guides, calculators, examples, advertising, social media posts, newsletters and messages of customer support are provided for information only, do not form part of this Agreement and do not create any obligation of the Company, save to the extent these Terms of Use expressly refer to them.
4.1 By creating an Account and/or using the Website and Services, the User agrees that the Company may send informational, marketing, and promotional communications to the contact details provided by the User. Such communications may include updates about products, services, offers, and news. The User may opt out of receiving marketing communications at any time by using the unsubscribe option or contacting the Company. Service-related and transactional messages may be sent regardless of the User’s preferences. The Company shall comply with applicable laws and shall not disclose the User’s contact details to third parties for independent marketing purposes without the User’s consent.
DEFINITIONS
5. The following definitions and rules of interpretation apply in this Agreement:
«Agreement» or «Terms of Use» means the present Agreement between You (User) and The Company.
«AI Optimisation» means a service for providing software changes to User’s devices purchased from the Company’s web site, allowing switching between coins available for mining within the framework of a single hashing algorithm. In the presence of this service, user equipment can automatically switch between the mined cryptocurrency up to 1 time per day in favour of the most profitable one in relation to other available ones. The list of available coins for switching is determined by the company. The switchover is based on the forecast of production performance for the next 24 hours, obtained as a result of calculations carried out by the Company. The order of calculations carried out by the Company when choosing a mined coin within the framework of a single hashing algorithm is not disclosed and is the property of the Company. The coins received as a result of mining are automatically converted by the company into the internal settlement currency, based on the weighted average market rates of such a coin in relation to BTC.
«Account» means a set of protected pages created as a result of the User registration on the Website, using which the User can request Services, control fulfillment of Services, check status of User`s Mining equipment and etc.
«Cloud Mining» means a service provided by The Company, allowing Users to participate in Mining without necessity to purchase and/or have its own Mining Equipment and/or without necessity to install any special software.
«Company» means ART. Research&Development Ltd., a Company incorporated in accordance with Seychelles Islands with Company number 227778 at Suite 1, Second Floor, Sound&Vision House, Francis Rachel Str., Victoria, Mahe, Seychelles.
«Cryptocurrency» or «virtual currency» means digital cryptographic representation of assets, represented by Ethereum (ETH), Bitcoin (BTC) and any other type of cryptocurrency.
«Fees» means amounts paid to The Company by the Users. Amount of the fee is specified at the Website.
«Fiat currency» means a government-issued currency, that is designated as legal tender in its country of emission on the legislative level.
«Hashrate» means a measure of the computational power of Mining Equipment per second used for Mining.
«Hosting» means a placing the Mining equipment for storage for special premises ensuring less expensive energy costs. Hosting service is provided by third-party organizations while The Company ensure fulfillment of obligation of both Users and such third party organizations.
«Inactive», «Needs repair» and «Unprofitable equipment» statuses means special statuses that Company may appoint to the User`s Mining equipment. Due to the physical properties of the equipment itself, the volatility of the cryptocurrency market, as well as the volatility of the network difficulty of various cryptocurrencies and other objective reasons, the equipment may become unusable or cease to make a profit. Upon receipt of one of the above statuses, the equipment, at the request of the user, must be repaired or replaced no later than within 30 calendar days from the moment of disconnection, otherwise the period called “Paid downtime” begins.
«Maintenance» means the process of keeping Mining equipment in functional condition. Only the Company and Service's affiliated companies may attend to maintain the equipment. Such action is required for any equipment purchased by the Users. Maintenance takes 48 hours and is carried out once every 3 calendar months from the date of purchase. The user equipment is turned off during Maintenance. The Maintenance fee is fixed by the Company for the whole equipment and charged every time this action is necessary. The cost of Maintenance is subject to change and is indicated on the Company's website.
«Mining» means a process of creation of new amounts of Cryptocurrencies through work of Mining equipment.
«Mining contracts» means a type of service provided by the Company being a fixed-term contract for renting a virtual hashrate, without reference to a specific Mining equipment model. Please note that, in the case of a cloud contract, a calendar month means 30 calendar days.
«Mining equipment» means a special computer equipment owned by the Company or User as the case may be, designated for Mining.
«Mining Package» means a Service provided by the Company, expressed in the ability for the User to use an indefinite and non-final list of equipment with fixed conditions of Package performance, for a certain period of time.
«Mining Pool» means an organized association of cryptocurrency miners. The member of these pools work together for the Mining. Cryptocurrencies created through mining in this case are subject to distribution among members of Mining Pool based on the contribution made to the Mining by each such member.
«Paid downtime» means a paid period that begins after 30 calendar days from the moment any of Inactive, Needs repair and Unprofitable equipment statuses are appointed to the user equipment. The cost of 1 calendar day of Paid downtime = $1. Every 3 months, the cost of Paid downtime will increase by $1 until inactive/need repairs/unprofitable equipment becomes active again.
«Parties» means You (User) and The Company (We).
«Politically exposed person» or «PEP» means
«Foreign PEPs»: individuals who are or have been entrusted with prominent public functions by a foreign country, for example Heads of state or Heads of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials.
«Domestic PEPs» means individuals who are or have been entrusted domestically with prominent public functions, for example Heads of State or of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials.
«Privacy Policy» means rules of collection, storage, distribution and protection of personal data that The Company gets from the Users and that is an essential part of the Agreement which text is available at.
«Services» means anything of the below:
a. Ensuring of User`s opportunity to participate in Mining Pools;
b. Agency Services for search for providers of Hosting services, support of provision of such services to User;
c. Provision of access to Cloud Mining;
d. Agency services for purchasing of Mining Equipment from third-parties;
e. Warranty maintenance
f. Mining Contracts
e. Customer services;
f. Technical and management services ensuring the normal operation of The Company or Website;
g. Other services publicly announced by The Company;
h. Operation of the Marketplace (clauses 36.1–36.11);
i. GPU Sharing (clauses 41.1–41.14).
«Token» means ERC-20 digital cryptographic token, which is a software digital token, created and issued by The Company as a cryptographically secured representation of the right to exchange it for services on the Website, e.g. to receive discount on Fees or on price of Mining equipment, and which give the User access to certain features on the Website. The Token (PAWĀ) may also be used by the Company, at its sole discretion, as a means of settlement of amounts credited to the User in connection with the Marketplace and GPU Sharing, at the rate determined by the Company at the moment of crediting. The Company does not guarantee the value, liquidity or exchangeability of the Token.
«User» means an individual capable under personal law natural person or business entity formatted in the appropriate legal form according to local legislation that is eligible to use the Website and has accepted the terms and conditions of the present Agreement with the Company. The Company reserves its right to set forth at any time and upon its own discretion special eligibility conditions or other requirements to certain Users.
«User Account Data» means Personal Data necessary to access and use the Website. The list of collected personal data is available in Privacy Policy.
«Warranty maintenance» means a service provided in relation to the equipment purchased by the User. The Service can be purchased for all the User's equipment or for individual types of equipment, entirely for equipment or parts thereof. When purchasing this service, work on bringing damaged equipment into functional condition is carried out at the expense of the Company. The purchase of this service by the User also means that during the work carried out with the User Equipment to bring it into functional condition, the Company provides replacement of User equipment with another, with appropriate power characteristics, to ensure continuous production. The cost of Warranty maintenance may vary, current information is reflected on the company's website. There are three types of Warranty maintenance:
«Standard Warranty» is free of charge and limited to a period of 6 calendar months from the date of purchase of the equipment. If it is necessary to carry out any work to bring the warranty equipment into functional condition, all work is carried out at the expense of the Company. Warranty work on bringing the equipment into functional condition is carried out within 14 calendar days. During this period, the equipment is switched off for warranty work.
«Extended Warranty» means a service provided by the Company for a fee that allows User to extend the Standard Warranty for a period of up to 12 calendar months from the date of purchase of the equipment. The cost of the Extended Warranty may vary. Up-to-date information about the cost is reflected on the Company's website.
«Premium Warranty» means a service provided by the Company for a fee that allows User to obtain priority Warranty maintenance. For the term of bringing User`s warranty equipment into functional condition under Premium Warranty maintenance, the Company ensures that Company`s Mining Equipment, which computational power is the same as User`s Mining Equipment in question, shall exercise Mining in such User`s interest. The term of Premium Warranty is 12 calendar months. The cost of the Premium Warranty may vary. Up-to-date information about the cost is reflected on the Company's website.
«Website» means a group of interrelated websites owned and operated by The Company, available in the Internet via address: https://bemine.club/
«Withdrawal» means a transaction involving a transfer of funds from the User’s Account.
6. In this Agreement unless the opposite is clear from the context the following rules of interpretation apply:
a) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
b) Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders;
c) References to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule;
d) A reference to any party shall include that party’s personal representatives, successors and permitted assigns;
e) All references to a person include firms, companies, government entities, trusts and partnerships or other or unincorporated body (whether or not having separate legal personality);
f) The term 'including' does not exclude anything not listed;
g) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
h) A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision;
i) A reference to writing or written includes fax and e-mail;
j) Any obligation on a party not to do something includes an obligation not to allow that thing to be done;
k) Any words following this Agreement including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding or following that agreement;
l) Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in this Agreement shall survive any termination or expiration of this Agreement. The rest of terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the legislation of the Seychelles and to the general rules of interpretation of such terms accepted in the Internet network.
RISKS NOTIFICATIONS
7. Cryptocurrency has special risks not generally shared with official currencies, goods, or commodities in a market. Unlike most currencies that are backed by governments, other legal entities, or commodities such as gold or silver, Cryptocurrencies are a unique type of "fiat" currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Cryptocurrencies in a crisis.
8. Instead, Cryptocurrencies are an as-yet autonomous and largely unregulated global platform of currency firms and individuals. Holders of cryptocurrencies put their trust in a digital, decentralised, and partially anonymous platform that relies on peer-to-peer networking and cryptography to maintain its integrity.
9. The Cryptocurrencies is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the Website is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
10. Cryptocurrency are unlike bank accounts or accounts at some other financial institutions are entirely uninsured.
11. User acknowledges that there are risks associated with using of the Website, participation in Mining including, but not limited to, the failure of hardware, software, and Internet connections. User acknowledge that Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the Website.
12. Remuneration for the Mining may be held by the User in his digital wallet or vault, which requires a private key, or a combination of private keys, for access. Accordingly, loss of requisite private keys associated with such the User`s digital wallet or vault storing the Remuneration for the Mining will result in loss of such Remuneration, access to User`s cryptocurrency balance, and/or any initial balances in blockchains created by third parties. Moreover, any third party that gains access to such private keys, including by gaining access to login credentials of a hosted wallet or vault service the User uses, may be able to misappropriate the Remuneration of the User.
13. Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Ethereum network and associated blockchain networks and different Cryptocurrencies could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of any Cryptocurrency, which could impede or limit their existence, permissibility of their use and possession, and their value.
14. The tax characterization of the Cryptocurencies is uncertain. The User shall seek his own tax advice regarding its participation in Mining, which may result in adverse tax consequences for the User, including, without limitation, withholding taxes, transfer taxes, value added taxes, income taxes, and similar taxes, levies, duties or other charges and tax reporting requirements.
15. There may be additional risks that we have not foreseen or identified in our Terms of Use.
16. You should carefully assess whether your financial situation and tolerance for risk are suitable for buying, selling, or trading Cryptocurrency.
17. Our banking providers DO NOT transfer, exchange, or provide any services in connection with cryptocurrencies.
ELIGIBLE USERS
18. The following restrictions and conditions apply to the use of services and creating and maintaining the Account (as such term defined below):
a. You shall not create an account in connection with the Website (an “Account”), or request Services if you are under the age of majority to enter into this Agreement (at least 18 years of age) and meet all other eligibility criteria and residency requirements and fully able and legally capable to use the Website;
b. You shall use the Website and/or Services if you are a PEP or any member of a PEP’s family or any close associate of a PEP, only after The Company, being specifically notified in writing that the User is such a person, conducts further due diligence, and determines that You are eligible for use of the Website and/or Services;
c. You shall monitor your Account to restrict use by minors, and you shall deny access to children and teenagers under the age of 18. You accept full responsibility for any unauthorized use of Website by minors in connection with your Account. You are solely responsible for any use of your cryptocurrency wallet or other payment instrument by minors;
d. You shall not create an Account if you have already created one Account on the Website;
e. You shall not have an Account or use Services if you have previously been removed by The Company from the Website;
f. You shall not create an Account or use the Website or the Services if you are a citizen or resident of a Restricted Jurisdiction or, in the case of a legal entity, are incorporated or established in, or controlled from, a Restricted Jurisdiction. «Restricted Jurisdiction» means: (i) any country or territory that is not available for selection in the “Country” field of the profile in the Account; (ii) any country or territory whose nationals or residents may not be provided with crypto-asset wallet, account or custody services under the sanctions of the European Union or the United Kingdom; and (iii) any jurisdiction in which cryptocurrency or Mining is prohibited by law. If you are not sure whether the Services are available to you, contact customer support before registering or making any payment. Your selection of a country in the Account constitutes your representation as to your country of residence. The Company may at any time verify your citizenship, residence or place of incorporation, refuse registration, restrict access under clause 2 or close the Account under clause 27. If a country ceases to be available, the Company will notify the Users concerned and may restrict their access to the Services under clause 2, and such Users may withdraw the funds available for Withdrawal in accordance with clauses 56 and 60–63, unless prohibited by applicable law;
g. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other User or third party;
h. You shall not use your Account to engage in any illegal conduct including but not limited to activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she will not use the Website to assist any other party in such illegal activity; and you shall not use your Account to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Website’s or the platforms underlying code or technical mechanisms; cause damage to the Website or The Company through any means, including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Website;
i. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without The Company’s written permission;
j. You shall not access or use an Account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Company’s consent;
k. Notwithstanding the foregoing, The Company may refuse to provide Website or Services to any person for any reason or no reason whatsoever.
USER ACCOUNT
19. The use of the Website may require You to create an Account (“Account”) on the Website. You warrant and represent that all information provided when creating such Account is current, complete, and accurate. You agree to promptly notify The Company of any changes to any information that would cause the information provided upon the Account’s creation to no longer be current, complete or accurate.
20. By creating an account on Website, User obtain access to request different Services from The Company, including to:
Participation in Mining Pools;
Participation in Cloud Mining;
Access to e-store of Mining equipment, including Warranty Maintenance service;
Access to Mining Contracts;
Access to the Marketplace (BETA);
Participation in GPU Sharing
21. The Company may close a dormant Account at any time with or without notifying User in case if there was no possible mean to contact User.
ACCOUNT CLOSING
22. Unless stated otherwise by the applicable law, either The Company or User may initiate the closing of Account at any time, without explaining reasons for it.
23. Account shall be closed within 5 (five) business days following the receipt of a respective User’s notification. In case The Company have allegations that User’s account is involved in suspicious transactions, Account shall be closed within 2 (two) calendar days.
24. Notwithstanding the closure of Account, User’s obligations under this Agreement will continue and all outstanding balances on Account will become payable at once. If Account is closed by The Company and if User still owes any money to The Company, Agreement shall continue to apply to User until The Company has received and acknowledged receipt of all monies due and payable to The Company.
25. In case Account is being closed by The Company or User has not stated any other account where the balance is to be transferred, The Company shall keep the balance without any interest being accrued on the same and subject to fees for keeping the balance. The balance shall be paid out at User’s request pursuant to Agreement and applicable fees. Before paying out the remaining balance, The Company shall identify User.
26. Account closing procedure and refund:
a) Recalculation. Please note that upon account closure and full refund, the withdrawals made from the account will be summed up and deducted from the amount of purchases before actual refund. The funds obtained through trial mining will not be available for withdrawal. Upon account closure and full refund, the Company cannot provide compensation in excess of 80% (75% for PRE-ORDERS) of the initial purchase amount. These funds are withheld as necessary expenses for maintaining a personal account and equipment provided for personal use, as well as in favour of legal and other expenses of the company for organizing mining for the User. Amounts paid for Marketplace Items, Listing Fees and other Marketplace fees, GPU Shares, GPU Hours and GPU Servers are not refundable and are excluded from the refund calculation;
b) In order to start the account closing procedure and full refund the Company needs to confirm User’s personal data and identity;
c) Full identity verification takes not less then 14 days;
d) The User must provide a valid cryptocurrency address for a refund.
27. The Company is entitled to close Account unilaterally in the following cases:
a) User has failed to comply with Terms of Use and/or fulfil its obligations before The Company;
b) User has submitted incorrect and/or false and/or misleading information/documents to The Company;
c) User has not accessed Account or executed any transactions for more than 6 continuous months or for other period of time determined by The Company at its absolute discretion and Account balance is zero or negative;
d) Signatory right of User’s representative has expired;
e) The Company receives information of User’s negative reputation or User shows disrespect to The Company;
f) The Company suspects that User or funds available on Account are related to the laundering of funds derived from criminal activities or terrorism, or funds available on Account are unlawful or operations are made in benefit of PEP;
g) Once Account is closed for any reason, all electronic services linked to Account will also be terminated automatically.
28. If the User purchases the Mining Equipment through Company`s Services and/or purchase Hosting from Company`s partners, the User shall ensure signing of separate agreement with provider of Hosting within 3 working days after the closing of the Agreement. The User acknoweledges and agrees that after the closing of the Account the User has no rights to control Hosting services through the Website.
PARTICIPATION IN MINING
29. The Company allows its Users to participate in Mining through purchasing part of Mining equipment. Depending on Mining equipment User is entitled to purchase at least 1/2/5% of 1 piece of Mining equipment (hereinafter – “Mining participation right”).
30. By purchasing Mining participation right, the User obtain right to receive part of Cryptocurrencies from work of Mining equipment proportionate to Mining participation right purchased by the User. The User acknowledges and agrees that due to the nature of cryptocurrency The Company cannot and shall not warrants any revenues from the Mining exercised by the Mining equipment, provided however that The Company ensure Hashrate of such Mining equipment in amount specified at the Website.
31. Cryptocurrencies created by Mining exercised by the Mining equipment are subject to distribution among Users purchased Mining participation right in proportion to amount of Mining participation rights held by each User (hereinafter – “Remuneration from the Mining”).
32. Remuneration from the Mining are transferred to User`s account within one calendar day after the day during which Mining was exercised. The User is entitled to withdraw such Remuneration in accordance with section “Withdrawal” below.
33. The User acknowledges and agrees that after 6 months from the moment of purchasing of Mining participation right the User bears a risk of any Mining equipment failure in amount proportionate to his/her Mining participation right. The Company is entitled to withhold any expenses for restoring of such Mining equipment from the amount of Remuneration for Mining of the User. However, if the User purchased Mining equipment specified as “Used” category or Mining participation rights in relation to Mining equipment specified as “Used”, a risk of any such Mining equipment failure is transferred to the User after 2 months from the moment of purchase. Mining equipment and Mining participation rights acquired through the Marketplace are deemed to be of the “Used” category, and the risk of their failure passes to the Buyer at the moment of transfer.
34. The User does not have the right to resell his rights to participate in mining, save through the Marketplace in accordance with clauses 36.1–36.11; any other resale, assignment or transfer is void. The User agrees that The Company has the right, in exceptional cases, to independently make a decision on considering applications for resale of mining participations from Users.
35. The User is also entitled to purchase whole piece of Mining equipment. In this case the User is entitled to (1) request Company to ensure Hosting on Company’s discretion or (2) request The Company to send the Mining equipment to the address designated by the User. The User is entitled to exercise second option not earlier than 2 months after the purchase of whole piece of Mining equipment. If the User chooses the second option, The Company shall order delivery of Mining equipment to the address designated by the User within 2 months from the User`s request.
36. The Company is entitled to provide complex products consisting of different Mining participation rights. The conditions of such mining must be reflected on the main website of the company and are accepted by Users in each purchase case. Refunds for Package are not provided. Provided however, that the User`s right prescribed in Clause 35 of this Agreement does not apply to such Mining Packages.
MARKETPLACE (BETA)
36.1 The Company makes available in the Account a marketplace (the “Marketplace”) on which a User (the “Seller”) may offer to other Users (each a “Buyer”) the items designated by the Company from time to time as eligible, including whole pieces of Mining equipment, Mining participation rights and the GPU Shares, GPU Servers and GPU Hours defined in clause 41.1 (the “Marketplace Items”), by means of a listing (the “Listing”). The Marketplace is provided in beta version (“BETA”): its functionality, rules, eligibility criteria, fees, balances and settlement currencies may be changed, limited, suspended or withdrawn at any time, and it may contain errors. The rules, fees and parameters displayed in the Marketplace interface form part of this Agreement.
36.2 A Marketplace transaction is an assignment to the Buyer of the Seller’s rights under this Agreement in respect of the Marketplace Item (and, for a whole piece of Mining equipment or a GPU Server, a transfer of title to it), which takes effect only upon its registration by the Company in the Accounts of the Seller and the Buyer. Such registration constitutes the Company’s consent under clauses 34 and 86. Marketplace Items are contractual rights recorded solely in the Company’s records; they are not securities, financial instruments, deposits, electronic money, virtual assets or investment products, do not represent any interest in the business, assets or revenues of the Company, and may not be transferred or encumbered outside the Marketplace.
36.3 The Company is not a party to transactions between Users and does not act as a broker, fiduciary, escrow agent or custodian of any User, save for receiving and crediting the price on the Seller’s instruction under clause 36.4; nor does the Company guarantee the performance of any User or verify or give advice on the condition, value or price of any Marketplace Item. The Company and its affiliates may themselves sell and buy on the Marketplace, including under clause 41.10 and in respect of their own equipment, and may label or feature their Listings; the Company determines the ranking and display of all Listings at its sole discretion, and the User consents to any resulting conflict of interest.
36.4 The Seller sets the price of its Listing. The listing fee (the “Listing Fee”) and any other fees are displayed before the Listing is submitted and are charged when the Listing goes live; the Listing Fee is non-refundable in all cases, including where the Marketplace Item is not sold, the Listing is withdrawn, expires or is removed, or the Marketplace is suspended or closed. Top-ups of the Seller’s balance are made in cryptocurrency within the payment window displayed, and clause 76 applies. A Listing constitutes the Seller’s irrevocable offer to any Buyer and the Seller’s irrevocable instruction to the Company to transfer the Marketplace Item upon purchase, receive the price, deduct the Listing Fee, any other fees, accrued charges and amounts owed to the Company, and credit the remainder to the Seller.
36.5 While a Marketplace Item is listed, it does not participate in Mining or, as the case may be, cannot be used by the Seller, and no Remuneration from the Mining accrues to the Seller, whereas Fees and Paid downtime continue to accrue as displayed in the Account. The statuses and characteristics of Marketplace Items (including online, offline, “Needs repair”, hashrate and warranty) are derived from the Company’s monitoring or provided by the Seller, are for information only and may change at any moment, including before the purchase is completed; the Company is under no obligation to inspect, update or repair any Marketplace Item. The Seller may withdraw its Listing before the purchase.
36.6 A Buyer accepts a Listing by pressing the “Buy” button, whereupon the price is debited from the Buyer’s balance, and the transfer is final and irreversible upon registration, without any right of cancellation, return, exchange or refund. Marketplace Items are acquired “AS IS”, “WHERE IS” and “WITH ALL FAULTS”: the risk passes to the Buyer at the moment of transfer, no warranty passes unless expressly displayed in the Listing, Paid downtime continues to accrue, and the period referred to in clause 35 runs from the transfer. To the extent any statutory right of withdrawal applies, the User expressly requests immediate performance and acknowledges that such right is lost upon registration of the transfer.
36.7 The price, less the amounts deducted under clause 36.4, is credited to a separate balance of the Seller (the “Seller Balance”), which bears no interest and may be used for payment of the Services and for purchases on the Marketplace. Notwithstanding clause 61, funds on the Seller Balance may be withdrawn only if and to the extent the Company enables such withdrawal in the interface, subject to identification (KYC), a holding period of up to 30 calendar days, limits and the fees under clauses 56 and 62. The Company may set off against the Seller Balance any amounts owed to it, and clauses 25 and 59 apply.
36.8 The Company is entitled, at its sole discretion, with or without notice and without any liability, to: (a) determine the eligibility of Marketplace Items, Users and jurisdictions and require identification and proof of the source of funds at any stage; (b) approve, reject, hide, suspend or remove any Listing and set minimum and maximum prices, price ranges, lot sizes, listing periods and limits; (c) change the Listing Fee and other fees for future Listings and transactions; (d) correct, cancel or reverse any transaction affected by a technical error, erroneous price or status, malfunction, fraud, manipulation, sanctions or a legal requirement, by reversing the relevant records and restoring the parties, as far as practicable, to their previous position; (e) freeze any Marketplace Item, balance or proceeds pending an investigation and report to the competent authorities; (f) change the mechanics, interface and settlement currencies of the Marketplace; and (g) suspend or close the Marketplace or BETA in whole or in part, in which case active Listings are cancelled, Marketplace Items remain with their holders and Listing Fees are not refunded. The Company’s records, including logs, timestamps, statuses and meter readings, are conclusive evidence of Marketplace transactions, save for manifest error.
36.9 The User shall not carry out wash trades or transactions with itself or between related Accounts, manipulate prices or collude with other Users, create fictitious or misleading Listings or conceal known defects, agree or settle any transaction outside the Marketplace or otherwise circumvent the fees, or use the Marketplace for money laundering, sanctions evasion or any other unlawful purpose. In case of breach, the Company may cancel or reverse the relevant transactions, retain the fees, freeze the proceeds, close the Account under clause 27 and recover its losses from the User.
36.10 Each User is solely responsible for any taxes arising from its Marketplace transactions. The Company may request information from the User, report to the competent authorities and withhold amounts where required by applicable law.
36.11 A trade-in of Mining equipment is not a Marketplace transaction: the Company is the counterparty, the value of the equipment traded in is determined by the Company at its sole discretion and is final, title to such equipment passes to the Company, and such value is credited only against the price of new equipment and has no monetary equivalent.
CLOUD MINING
37. The User requested and paid Cloud Mining service is entitled to participate in Cloud Mining on the terms specified in User`s request for Cloud Mining Services.
38. The User acknowledges and agrees that the User does not obtain any proprietary rights in any Mining equipment used to ensure such Cloud Mining. The Company at its sole discretion is entitled to choose what Mining Equipment shall be used to ensure fulfillment its obligation to provide Cloud Mining service. The Company solely bears all risks of Mining equipment failures in relation to Mining equipment used to ensure such Cloud Mining. Provided however The Company shall ensure Hashrate in amount specified in User`s request.
39. Maintenance fee only goal is to keep mining machines steadily decrypting blocks, without the necessity of contacting each User who participate in Cloud Mining using such Mining equipment. Maintenance fee is mandatory for all Users that participates in Cloud Mining. Maintenance fee is always collected automatically. Amount of such maintenance fee is a $20. Market price of the equipment is the one provided by the Company in "Shop" area of the Website. Pay attention that maintenance fee may vary in case of market conditions. It also can be changed without the need of additional informing of the Users.
40. The Company notifies the User one month before maintenance fee shall be collected.
41. If User fails to pay for the maintenance fee, including if the User fail to ensure appropriate balance on the Website in order to ensure opportunity of the Company to collect the maintenance fee, the provision of Cloud Mining Services to such User will be suspended until the fee is paid by the User.
GPU SHARING
41.1 GPU Sharing is a Service under which the Company provides Users with computing time on graphics processing servers operated or hosted by the Company (the “GPU Equipment”), measured in hours (the “GPU Hours”). A User may acquire a fraction of less than 100% of the computing capacity of a configuration of GPU Equipment (a “GPU Share”) or a whole unit of GPU Equipment (a “GPU Server”). A GPU Share is a prepaid right to receive GPU Hours in proportion to such GPU Share; it confers no title, co-ownership or security interest in any GPU Equipment and is not a deposit, investment, security or right to any income or profit.
41.2 The Company selects, locates in any data center and jurisdiction, relocates, pools, replaces, upgrades and decommissions GPU Equipment at its sole discretion. GPU Shares are served from a pool of equivalent GPU Equipment; any serial number, photograph or telemetry displayed in the Account is for information only and does not allocate any specific GPU Equipment to a GPU Share. GPU Shares and GPU Servers offered before the relevant GPU Equipment is put into operation are pre-orders, clauses 50–53 apply to them, and any commissioning dates are indicative only.
41.3 GPU Hours are credited periodically in the amount displayed in the Account and are debited according to the Company’s metering system, whose readings are conclusive, at the rates, coefficients (which may depend on the configuration, model, time of day and priority) and minimum increments set by the Company. The Company sets the rules on carry-over and on the maximum accumulated balance of GPU Hours and may make Auto mode (clause 41.9) the default setting. GPU Hours are not money, have no monetary equivalent, cannot be redeemed for cash and may be transferred only through the Marketplace; unless otherwise displayed in the interface, they remain available while the GPU Share is active. By acquiring a GPU Share, GPU Server or GPU Hours, the User expressly requests immediate performance and, to the extent permitted by law, waives any statutory right of withdrawal.
41.4 The Company does not guarantee any uptime, availability, latency, queue time or capacity and determines scheduling priorities at its sole discretion. Once GPU Hours are sold or booked, the booking is irrevocable and such GPU Hours are unavailable to the owner of the GPU Share or GPU Server. Any service level applies only under a separate written agreement signed by the Company. Where GPU Hours are debited but no computing time is provided for reasons attributable to the Company, the User’s sole remedy is the re-crediting of such GPU Hours.
41.5 The available templates and models are determined by the Company, which may add, remove, replace or restrict any model for licensing, legal, security or commercial reasons. The licenses and acceptable use policies of third-party models are binding on the User, and the Company does not warrant that any license permits the User’s intended use, including commercial use. Models without content filters are made available only upon request, on dedicated GPU Equipment, at the Company’s sole discretion and after the User has accepted full responsibility for their use, and such permission may be revoked at any time. A User with administrative (SSH) access is solely responsible for any software and model weights it installs.
41.6 The User is solely responsible for its inputs, prompts, datasets, fine-tuned models and outputs and for their use; the User who runs a workload, including a renter of GPU Hours, is responsible for it. Outputs may be inaccurate, offensive or infringing and must not be relied upon. As between the Parties, the User holds any rights in its outputs, subject to the applicable model licenses, and grants the Company a license to host, process and transmit its content solely to provide GPU Sharing and to comply with the law.
41.7 The encryption of private volumes and the wiping of containers and video memory are reasonable measures and not a guarantee of isolation, security or confidentiality, and the Company does not back up User data (clause 65 applies). The User shall not upload personal data of third parties without a lawful basis and acts as the controller of such data. Data may be processed in any jurisdiction where GPU Equipment is located. Upon the transfer or termination of a GPU Share or GPU Server or the closure of the Account, the relevant private volume is irretrievably deleted after 7 calendar days.
41.8 The User shall not use GPU Sharing to create, store or distribute child sexual abuse material (zero tolerance), create intimate or deceptive content depicting real persons without their consent, develop or distribute malware or carry out cyberattacks, commit fraud, phishing or spam, develop weapons, weapons of mass destruction or other dual-use items, carry out unlawful surveillance, infringe the rights of third parties or mine cryptocurrencies; nor shall the User circumvent the metering, isolation or security measures, resell access outside the Marketplace, use GPU Sharing anonymously or violate any sanctions or export control laws. The Company may apply automated filters and hash-matching, monitor metadata, log prompts and outputs for the investigation of incidents, stop any session immediately, suspend access, delete content, cancel GPU Hours without compensation and report to the competent authorities; clause 85 applies.
41.9 The owner of a GPU Share or GPU Server may list unused GPU Hours on the Marketplace or enable automatic mode (“Auto mode”), which constitutes a standing instruction to the Company to offer such GPU Hours to other Users at the rates and on the terms determined by the Company. Demand is allocated among owners by an algorithm of the Company, which is not disclosed and is the property of the Company, and no level of utilisation is guaranteed. The owner is paid the amounts actually received by the Company for the GPU Hours consumed, less the fees displayed in the Account, in USDT, Tokens or any other currency and on the schedule chosen by the Company, and any payout is reversed in case of a refund or chargeback to the renter. Users without a GPU Share may purchase GPU Hours at the rates displayed, on a prepaid and non-refundable basis.
41.10 The Company may, at its sole discretion and without any obligation, buy back unsold GPU Hours at a rate determined by the Company (the “Floor Buy-back”), and may change such rate, set limits, exclude any GPU Hours and suspend or discontinue the Floor Buy-back at any time without notice. The Floor Buy-back is settled exclusively in Tokens at the rate determined by the Company, and GPU Hours bought back become the property of the Company. Any reference on the Website or in other materials of the Company to a “guaranteed” floor, buy-back or rate, or to idle hours being “always paid”, describes the Company’s current practice only and creates no obligation of the Company.
41.11 Title to a GPU Server passes to the User upon payment in full and the putting into operation of the GPU Server, together with the risk of its loss or failure. The GPU Server remains hosted by the Company, and the User has no right to its delivery, removal, relocation or physical access; any on-site audit requires a separate arrangement, which the Company may refuse. The Company operates and maintains the GPU Server, may relocate it between data centers, may replace any failed component or unit with an equivalent or better one, title to the replacement passing to the User and title to the replaced item to the Company, and retains administrative, hypervisor and out-of-band access. The provisions of this Agreement on Hosting, Maintenance, Warranty maintenance (if purchased), Paid downtime and Fees apply to GPU Servers mutatis mutandis, and a GPU Server may be rented out only through the Marketplace. If any amount owed to the Company remains unpaid, the Company may suspend access to the GPU Server and, after 60 calendar days, sell it through the Marketplace or otherwise and set off the proceeds. Upon closure of the Account, clauses 24–28 apply, and the Company may sell the GPU Server or buy it out at a residual value determined by the Company.
41.12 GPU Shares and GPU Servers may be resold only through the Marketplace. Unless otherwise displayed in the interface, unused GPU Hours pass with the GPU Share, active bookings are performed first, and the private volume is wiped before the transfer.
41.13 The service life of each configuration of GPU Equipment is determined by the Company. Upon decommissioning of any GPU Equipment, configuration or data center, or upon discontinuation of GPU Sharing, the Company at its sole discretion (a) transfers GPU Shares to another configuration at a conversion ratio determined by the Company, (b) compensates the remaining GPU Hours or residual value in Tokens or in the Company’s goods and services, or (c) terminates the GPU Shares, and no cash refund is provided. In respect of a GPU Server, the Company at its option buys it out at a residual value determined by the Company, continues hosting it on separate terms or arranges its delivery at the User’s expense where lawful.
41.14 The User represents that it is not a sanctioned person and does not intend any prohibited end use of GPU Sharing, including any military use, and is solely responsible for compliance with the laws of its jurisdiction on the acquisition and use of computing equipment located abroad. The Company may refuse any sale of GPU Shares or GPU Servers or any access to GPU Sharing, and may terminate GPU Sharing for any User, without compensation.
TRIAL/ DEMO MINING
42. Trial/Demo Mining feature of the Website must only be used to learn basic information about rules of mining of crypto and also Services provision features.
43. "TRIAL/DEMO MINING" is only can be used once per User. Any manipulations nor speculations or abuses of the featured functional is a subject for internal investigation and will be prosecuted according to the law of the user`s country.
44. The User can spend the funds obtained as a result of using of TRIAL/DEMO MINING feature only on payment of Company`s Services available on the Website. Users are prohibited to withdraw any funds minted/mined through TRIAL/DEMO MINING.
BONUSES AND REFERRAL PROGRAM
44.1 «Bonus Funds» means funds and other values credited to the User’s Account by the Company free of charge or on promotional terms, including deposit bonuses, rewards for achievements and the Reward Track and funds obtained through Trial/Demo Mining (clause 44), other than Referral Rewards. Bonus Funds may be used only to pay for the Services in the Account, bear no interest, have no monetary equivalent, cannot be transferred to another User and are not available for Withdrawal. The conditions, validity periods and restrictions of each promotion are displayed in the Account or in the rules of the promotion.
44.2 The Company may cancel unused Bonus Funds and debit from the Account balance an amount equal to Bonus Funds already used where they were obtained in breach of these Terms of Use or the rules of the promotion, through multiple or related Accounts or other abuse, or where the deposit or purchase for which they were granted is cancelled or refunded. Upon closure of the Account, unused Bonus Funds are cancelled and are not taken into account in the refund calculation under clause 26.
44.3 The Company operates a referral program (the “Referral Program”). After making the minimum deposit displayed in the Account, the User (the “Referrer”) receives a personal referral link in the “Referral System” section of the Account. A person who registers through the Referrer’s link is a first-level referral, and a person who registers through the link of a first-level referral is a second-level referral (together, the “Referrals”). A Referral is attributed to the Referrer only upon registration through the link and cannot be reassigned at the request of the User.
44.4 Depending on the Referrer’s status, the Referrer receives rewards in Cryptocurrency and in Tokens (the “Referral Rewards”) calculated on the deposits of the Referrals and on the Mining revenue of first-level referrals, Tokens for new Referrals and for reaching a status, and discounts on the Services. The statuses and the conditions for reaching them, the rates, the amounts of Tokens, the discounts and other parameters of the Referral Program are published on the Referral Program page of the Website and in the “Referral System” section of the Account and form part of this Agreement. Referral Rewards accrue only on deposits actually received and credited to the Referrals’ Accounts and on Mining revenue actually credited to them, and are credited within the period displayed in the Account.
44.5 Referral Rewards credited in Cryptocurrency may be used to pay for the Services or withdrawn in accordance with clauses 56 and 60–63. Referral Rewards credited in Tokens are subject to clauses 58.1–58.3. Discounts under the Referral Program apply only to future purchases and have no monetary equivalent.
44.6 If a deposit of a Referral is cancelled, returned, charged back or found to be unlawful, or a Referral receives a refund upon closure of its Account under clause 26, the Referral Rewards accrued on such deposit are cancelled, and the Company may debit their amount from the Referrer’s Account balance or set it off against future Referral Rewards and Remuneration for Mining.
44.7 The Referrer shall not refer itself or persons acting on its behalf, register Referrals through multiple or related Accounts (clause 18(d)), use fake, paid or automated registrations, send spam (clause 18(g)), impersonate the Company, present the Services as an investment, promise any income, profit or guaranteed return or make any other misleading statement about the Services. In case of breach, the Company may cancel Referral Rewards not yet credited, debit those already credited, detach the Referrals, exclude the User from the Referral Program and close the Account under clause 27.
44.8 The Company may change the parameters of the Referral Program or discontinue it at any time by publishing the change on the Referral Program page or in the Account. Changes apply to Referral Rewards accruing after their publication; Referral Rewards accrued before remain with the Referrer, subject to clauses 44.6 and 44.7. The Company’s records of registrations, deposits, Mining revenue and accruals are conclusive evidence, save for manifest error. Each Referrer is solely responsible for any taxes on its Referral Rewards.
PURCHASE OF MINING EQUIPMENT
45. The User is entitled to choose at the Website the Mining equipment that the User intent to purchase. The User shall send a request for such equipment to The Company through the website request forms.
46. The User acknowledges and agrees that prices of Mining equipment displayed on the Website is for information purpose only. The prices displayed on the Website shall not be considered an offer to purchase the Mining equipment. The Company specify the price for the Mining equipment chosen by the User in writing within 10 working days after receipt of User`s request on purchase of such equipment.
47. If on the date of User`s request The Company does not store certain Mining equipment, The Company proposes the User another Mining equipment. If the User accept Company’s offer for another Mining equipment the User shall pay for such equipment in accordance with Company`s instructions.
48. The User is entitled to obtain a discount for price of chosen Mining equipment by sending amount of Tokens specified on the Website to Company`s cryptocurrency wallet through the Website`s interface. Maximum amount of discount in this case is 35%.
49. The Company shall order the delivery of the Mining equipment to the (A) Hosting provider or (B) to the address designated by the User at User`s discretion within 2 weeks from the date of payment for the Mining equipment by the User. The term of delivery depends on third-party delivery service. The Company shall notify the User of term of delivery within 1 week after the delivery is ordered. Complaints arising from the delivery of equipment purchased by the User from a partnered data-centres for independent use should be addressed to The Company's Technical Support Department no later than in 7 calendar days from the moment the User receives the equipment. The moment of receiving the ordered equipment by the User is considered to be the moment the Transportation Company reports the shipment release. After the time allotted for returning/exchanging the received equipment has passed, The Company cannot accept complaints about the completed delivery. The responsibility for timely inspection of the delivered equipment belongs to the User. Failure by the User to fulfill this obligation is the basis for further refusal of The Company's services.
PRE-ORDER OF EQUIPMENT
50. Pre-order of equipment refers to the purchase by the client of mining equipment or Mining Participation rights in The Company's e-store, which has not actually been placed at the disposal of The Company yet. The Company undertakes to accept payment for pre-ordered goods and services from the User and promptly transfer it to the supplier organization to pay for the pre-order. Please note that participation in the pre-order of equipment may involve some risks, such as the risk of the supplier organization refusing to provide goods and services, fraud on the part of the supplier organization, forgery, substitution of equipment and others.
51. The delivery time of the equipment is determined by the supplier organization. In case of non-fulfillment of the requirements on delivery dates, quality of goods and services by the supplier of pre-ordered equipment, The Company is not responsible. In the event of force majeure and force majeure circumstances related to the pre-order of equipment, as a result of which it becomes impossible to fulfill the conditions for pre-order of equipment, The Company also does not bear responsibility. With complaints about the quality of the completed pre-order, Users are invited to contact the supplier organization directly.
PRE-ORDER REFUND POLICY
52. In case of questions about the quality of goods or services, the timing of the provision of goods and services, the supplier organization's evasion from providing goods and services, according to the pre-order conditions, or other circumstances preventing timely and high-quality performance of Company`s obligations under the Agreement, the user is entitled obtain a compensation provided for in this «Pre-order refund Policy» section of the Agreement.
53. The method of compensation is always determined on an individual basis. The Company undertakes to compensate the losses of customers by providing other/ own goods and services, in particular, not exceeding 75% of the pre-order value paid by the customer. Due to the fact that The Company, along with the customers participating in the pre-order, may also be exposed to some risks from the supplier organization, contractors, etc., the proposed refund cannot be made in material equivalent, in cryptocurrency, fiat currency, precious metals, stones, etc. The only equivalent in which it can compensation from The Company should be provided - The Company's goods and services.
FEES AND BILLING
54. You agree to pay The Company two types of fees for Mining participation rights:
Fixed fee for the Services, that is specified on the website on the moment of request of certain services;
Mining Fee that accrued on the daily basis and is calculated on the following basis:
F=P*X*R%*24, where
F – amount of Mining fee;
P – power in Watts of Mining equipment for which Mining participation rights are purchased;
X – cost of energy for maintenance of Mining equipment (KWh) displayed at the Website;
R% - amount of User`s Mining participation rights.
The Company is entitled to change amount of cost of energy at its sole discretion provided that The Company shall send 7-day prior written notification on such change to the User`s e-mail specified during the registration process.
55. You agree to pay the Company following fees for Cloud Mining:
Maintenance fee for the Services, that is specified on the website on the moment of request of certain services as provided for in Clauses 39-41 of the Agreement;
Cloud Mining Fee that accrued on the daily basis and is calculated on the following basis:
F=P*X* *24, where
F – amount of Cloud Mining fee;
P – power in Watts of Mining equipment used to render Cloud Mining services. Such power rate is displayed at the Website while request of Cloud Mining service;
X – cost of energy for maintenance of Mining equipment (KWh) displayed at the Website;
The Company is entitled to change amount of cost of energy at its sole discretion provided that The Company shall send 7-day prior written notification on such change to the User`s e-mail specified during the registration process.
56.The withdrawal fee depends on the amount requested:
58. You are entitled to use Tokens to obtain a discount of up to 45% on the price of Mining equipment and on the Fees, including the Maintenance fee. The amount of the discount depends on the amount of Tokens used for payment and is displayed in the User’s Account before payment.
TOKENS (PAWĀ)
58.1 Tokens credited to the User’s Account, including for Mining, as Referral Rewards or Bonus Funds or as settlement under clauses 36.1–36.11 and 41.1–41.14, are recorded in the Company’s internal records and cannot be withdrawn from the Account until the Company enables their withdrawal (an “Unlock”). The phases, dates, volumes and conditions of any Unlock are determined by the Company at its sole discretion, may be changed and are announced in the Account; any schedule published on the Website is indicative only. The Company does not guarantee any Unlock, token generation event, listing on any exchange, price or liquidity of the Tokens, and Tokens confer no right to any income, profit or share in the Company.
58.2 A User who holds in the Account at least the number of Tokens displayed in the Account may submit Withdrawal requests below the general minimum withdrawal amount, down to the reduced minimum displayed in the Account; at the date of this edition, a User holding at least 2,000 PAWĀ may withdraw from 0.0025 BTC instead of 0.005 BTC. Such Tokens are not debited, and the fee under clause 56 applies. The Company may change or withdraw this and other benefits of Token holders, including discounts and access to features, by displaying the change in the Account.
58.3 Tokens acquired under a token sale agreement with the Company are also governed by such agreement as to their acquisition, lock-up and distribution.
UNCLAIMED PROPERTY
59. If for any reason The Company is holding funds in your Account on your behalf, and The Company is unable to return your funds to your designated external account after a period of inactivity equal to 24 (twenty four) continuous months, then The Company may report and remit such funds in accordance with applicable state unclaimed property laws.
WITHDRAWALS
60. Users that have not completed the identification procedure (KYC) will not be allowed to execute Withdrawal of fiat currency. The transfer of withdrawal in fiat currency is permitted only after completion of identification procedure (KYC).
60.1 The amount of Withdrawals depends on the level of identification (KYC) completed by the User, as displayed in the Account. At the date of this edition: without KYC, only Withdrawals of the minimum withdrawal amount are available; after Basic KYC (passport or ID card), Withdrawals of up to 0.01 BTC; after Full KYC, Withdrawals of up to 2 BTC per day. The Company may request identification at any stage, change the levels and limits and refuse a Withdrawal until the requested identification is completed.
61. The User may withdraw only (a) Remuneration for Mining, (b) Referral Rewards credited in Cryptocurrency (clause 44.5) and (c) other funds the withdrawal of which is expressly provided for in these Terms of Use, on the conditions of such withdrawal (including clause 36.7). Bonus Funds (clause 44.1) cannot be withdrawn, and Tokens may be withdrawn only after their Unlock (clause 58.1). The amount available for Withdrawal is displayed in the Account. In Terms of high volatility of cryptocurrency transaction fees The Company is allowed to apply limitations on the minimum value or the minimum number of funds that are received as Remuneration for Mining and shall be available for Withdrawal. Information of such limits should be posted on the Website and could be changed with or without additional notice of User. If User simultaneously transfer any own fund to his Account at the Website The Company is entitled to reject withdrawal such funds from the Account. In this case the User is entitled to use such funds to purchase any Company's Services.
62. The Company exercise withdrawal transaction within 2 weeks after receipt of User`s request. The processing time of the withdrawal request depends on the number of withdrawal requests received on the server. The User agrees that The Company is entitled to deduct any gas commission applicable to such transaction from the amount of funds withdrawn.
62.1 If any Mining equipment of the User has the status “Inactive”, “Needs repair” or “Unprofitable equipment”, the Company may suspend all Withdrawals from the User’s Account, including requests submitted but not yet executed, until the status of all such equipment is resolved, namely until such equipment is repaired, replaced, sold through the Marketplace or transferred to the Company by agreement, or the User instructs the Company to pay for its repair out of the Account balance. During the suspension, the period referred to in clause 62 does not run, Remuneration for Mining from the User’s other equipment continues to be credited and Paid downtime accrues in accordance with clause 5. The Company may, at its discretion, execute a Withdrawal in part during the suspension.
63. The User warrants that he/she/it will withdraw the funds to his controlled accounts. The Company is not liable for the consequences of such withdrawals.
DISCLAIMERS OF WARRANTIES
64. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR WEBSITE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR WEBSITE AND/OR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
65. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE WEBSITE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE WEBSITE.
66. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to certain Users.
66.1 WITHOUT LIMITING CLAUSE 64, THE USER ACKNOWLEDGES AND AGREES THAT: (A) THE COMPANY DOES NOT GUARANTEE ANY BUYER, SALE, LIQUIDITY, PRICE, TIME OF SALE, RESALE VALUE, UTILISATION, RENTAL DEMAND, INCOME, PAYBACK OR BUY-BACK; (B) ANY FIGURES, FORMULAS (INCLUDING “TOTAL RETURN = MINED BTC + RESALE VALUE − COSTS”), CALCULATORS, “INCOME 24H” INDICATORS, SCENARIOS, EXAMPLES, BLOG POSTS AND OTHER MARKETING MATERIALS ARE ILLUSTRATIVE ONLY, DO NOT FORM PART OF THIS AGREEMENT AND ARE NOT AN OFFER, FORECAST, PROMISE OR INVESTMENT ADVICE, AND WORDS SUCH AS “OWN”, “INCOME”, “GUARANTEED”, “ALWAYS”, “LIQUID” OR “INVESTMENT” USED IN SUCH MATERIALS CREATE NO OBLIGATION OF THE COMPANY AND DO NOT CHANGE THE LEGAL NATURE OF ANY SERVICE; (C) MARKETPLACE ITEMS ARE ACQUIRED “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”, WITHOUT ANY WARRANTY AS TO CONDITION, REMAINING SERVICE LIFE, HASHRATE, PROFITABILITY OR UPTIME; (D) GPU SHARING IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY AS TO AVAILABILITY, PERFORMANCE, CAPACITY, AVAILABILITY OF MODELS, ACCURACY OR LAWFULNESS OF OUTPUTS, OR ISOLATION, SECURITY OR CONFIDENTIALITY OF DATA; (E) THE VALUE OF TOKENS, USDT AND ANY CRYPTOCURRENCY MAY FALL TO ZERO; (F) BETA FEATURES MAY CONTAIN ERRORS AND MAY BE CHANGED OR WITHDRAWN AT ANY TIME; AND (G) THE USER ENTERS INTO EVERY MARKETPLACE TRANSACTION AND ACQUIRES EVERY GPU SHARE, GPU SERVER AND GPU HOUR SOLELY AT ITS OWN RISK AND ON ITS OWN INDEPENDENT JUDGMENT.
LIMITATION OF LIABILITY
67. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES.
68. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to Certain Users.
69. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE WEBSITE EXCEED THE FEES PAID BY YOU TO THE COMPANY DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
69.1 WITHOUT PREJUDICE TO CLAUSES 67–69: (A) THE COMPANY SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY OTHER USER, INCLUDING ANY SELLER, BUYER OR RENTER, FOR ANY CHANGE IN VALUE, MISSED SALE OR BOOKING, OR FOR ANY CONSEQUENCE OF THE EXERCISE BY THE COMPANY OF ITS RIGHTS UNDER CLAUSES 36.1–36.11 AND 41.1–41.14; (B) THE AGGREGATE LIABILITY OF THE COMPANY IN CONNECTION WITH ANY MARKETPLACE TRANSACTION SHALL NOT EXCEED THE FEES ACTUALLY RECEIVED BY THE COMPANY FOR SUCH TRANSACTION; AND (C) THE USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF GPU SHARING SHALL BE THE RE-CREDITING OF THE GPU HOURS AFFECTED.
70. When holding mass events of any kind on the basis of Company, the administration undertakes to ensure that such events are held in good faith, as well as to notify the participants of the event in a timely manner about the beginning and end of the events, and about the results of such events. The benefits and services received as a result of participation in the event are subject to use exclusively within the framework of the service. For questions related to the goods and services received in the framework of participation in any event conducted by the service, it is necessary to contact the service's technical Customer Support of the Service . All such questions should be considered individually.
71. The Company is not responsible for any damages caused by delay or failure to perform its obligations under the Agreement in case if the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.
LIMITED RIGHT OF USE
72. Any use of the Website in violation of these Terms of Use is strictly prohibited and can result in the immediate termination of the Website and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE WEBSITE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY COMPANY`S DIGITAL PRODUCT SUCH THE WEBSITE IS A VIOLATION OF COMPANY`S POLICY AND MAY BE A VIOLATION OF APPLICABLE LAWS.
73. You agree that you will not, under any circumstances:
a) Engage in any act that The Company deems in its reasonable discretion to be in conflict with the spirit or intent of the Website, including but not limited to circumventing or manipulating these Terms of Use, our service rules, or any other policies;
b) Make improper use of The Company’s Services, including, without limitation, by submitting false personal information or using profane and abusive language in your communications with our personnel; or
c) Use the Website, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in violation of rights of third parties;
d) Use exploits, automation software or any unauthorized third party software designed to modify or interfere with the Website;
e) Use the Website in order to design or assist in the design of exploits, automation software or any other unauthorized third party software designed to modify or interfere with the Website;
f) Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Website (each a “Server”);
g) Organize, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the Website, or other attempts to disrupt the Website; or
h) Attempt to gain unauthorized access to the Website, Accounts registered to others or to the computers, Servers, or networks connected to the Website by any means other than the User interface provided by The Company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Website;
i) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
j) Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
k) Make available through the Website any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Company`s employee;
l) Interfere or attempt to interfere with the proper functioning of the Website or connect to or use the Website in any way not expressly permitted by these Terms of Use;
m) Use, facilitate, create, or maintain any unauthorized connection to the Website, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Website; or (2) any connection using programs, tools, or software not expressly approved by The Company;
n) Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, or to obtain any information from the Website using any method not expressly permitted by The Company; or
o) Copy, modify or distribute rights or content from the Website, or Company’s copyrights or trademarks or use any method to copy or distribute the content of the Website except as specifically allowed in these Terms of Use;
p) Solicit or attempt to solicit personal information from other Users of the Website;
q) Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Website; or
r) Upload or transmit or attempt to upload or transmit, without Company’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
s) Publicly disseminate information about the types and methods of violations of these Terms of Use and Privacy Policy, as well as publicly call for violation of these Terms of Use and Privacy Policy;
t) Publicly disseminate information (correspondence in whole or in part) obtained as a result of communication with the technical support team;
u) Register and use to access to the Website or Services more than one account. In case if there are reasonable grounds to believe that you have registered or are using more than one Account, The Company has the right to restrict, suspend, terminate, modify or delete any and all accounts associated with you;
v) Use IP proxying or other methods to disguise the region (country) of your current location to circumvent geographical restrictions to order any Services or for any other purposes.
LINKING TO THE WEBSITE
74. Linking to the Website is permitted provided that you comply with these rules. You may link to the home page of the Website or to any other page of this Website. However, you are not allowed to use in-line linking or framing. You must not imply that The Company endorses or sponsors the linker of its Website, products or Services. You must not use Company's intellectual property including but not limited to trademarks, trade name, copyright without permission from The Company. Furthermore, you agree to remove the link at any time upon our request.
THIRD PARTY MATERIALS
75. In order to use this Website and/or Services, you may need to obtain and/or use certain third-party products (i.e. Device), services and/or materials (“Third Party Materials”). Third Party Materials are (i) not licensed hereunder; (ii) not under Company’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which you need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of this Website and/or Services. Notwithstanding any provision to the contrary herein, nothing in these Terms of Use shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.
THIRD PARTY SERVICES
76. For carrying out various operations within the Service, the Company collaborates with third-party services. Any inquiries from the User about the size of commissions of such services are subject to separate interaction directly with each specific service in each specific case. The Company also acknowledges, and the User unconditionally agrees by accepting these Terms, that there is not a finite number of services implemented or otherwise involved in the Company's operations, commissions for the use of which cannot be calculated until operations associated with these commissions are directly performed. In all of the above cases, the obligation to pay the commission lies with the User. At the same time, the Company guarantees the preservation of the difference between the funds transferred by the user for payment of services and the values of top-ups received in the Personal Account within 5%.
INTELLECTUAL PROPERTY
77. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Website are vested in The Company and/or its licensors and The Company and/or its licensors are the sole and exclusive owners thereof. All rights in the Website not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its products or Services except as expressly authorized herein. Except as otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of The Company is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
78. The Company hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. The Company disclaims any proprietary interests in the intellectual property rights other than its own.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
79. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Company the written information specified below:
79.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
79.2. A description of the copyrighted work that you claim has been infringed upon;
79.3. A description of where the material that you claim is infringing is located on the Website;
79.4. Your address, telephone number, and e-mail address;
79.5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
79.6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
80. Please note that this procedure is exclusively for notifying The Company and its affiliates that your copyrighted material has been infringed.
APPLICABLE LAW AND DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
81. This Agreement shall be governed, construed, and enforced in accordance with the law of Seychelles.
82. The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.
83. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Riga International Commercial Arbitration Court in Riga on the basis of written documents (written procedure).
84. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
INDEMNIFICATION
85. You hereby agree to indemnify and hold harmless The Company, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use, including without limitation infringement by User materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.
ASSIGNMENT
86. The Company may assign, transfer or delegate these Terms of Use or the fulfillment of any of its obligations pursuant to these Terms of Use and/or Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer or delegate any rights or obligations under the Terms of Use or Privacy Policy without Company’s prior written consent, which may be withheld in its sole discretion, and any unauthorized assignment and delegation by you is void and ineffective.
SEVERABILITY
87. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
NOTICES
88. Any notice or other communication under this Agreement shall be in writing and shall be considered given and received when sent by email. The Users official email for communication shall be deemed the email specified by the User during the creation of Account. The language of the communication shall be English.
PRIVACY POLICY AND PERSONAL INFORMATION
89. The Company has developed a Privacy Policy that governs the use and protection of User’s private information according to the applicable laws and good practices. The full text of the Privacy Policy is made available on the Website and can be accessed at: https://bemine.club/
90. Despite all the security measures implemented by The Company, the User acknowledges that there are certain risks of The Company being attacked by electronic means in order to obtain the private information and that The Company cannot guarantee full protection.
TERM AND TERMINATION
91. The term of this Terms of Use (“Term”) shall begin when you start using this Website and/or Services and shall continue in perpetuity unless otherwise terminated by The Company by written notice. The Company expressly reserves the right to change, suspend or discontinue all the Website or portion thereof, at any time, and may terminate your use of the Website at any time. Without prejudice to any other rights, these Terms of Use will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Use, you must immediately cease using the Website including without limitation any use of Company’s trademarks, trade names, copyrights and other intellectual property.
92. WITHOUT LIMITING ANY OTHER REMEDIES, THE COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE WEBSITE OR PORTIONS THEREOF IF YOU ARE, OR THE COMPANY REASONABLY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THIS TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE WEBSITE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ACCESS TO YOUR ACCOUNT AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS ASSOCIATED WITH YOUR USE OF THE WEBSITE, AND THE COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
93. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE WEBSITE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR WEBSITE, AND ITS CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE WEBSITE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
94. The Company reserves the right to stop offering and/or supporting the Website or part of the Website at any time either permanently or temporarily, at which point your license to use the Website or a part thereof will be automatically terminated or suspended.
95. Termination of your Account can include disabling your access to the Website or any part thereof including any content you submitted or others submitted.
50. Pre-order of equipment refers to the purchase by the client of mining equipment or Mining Participation rights in The Company's e-store, which has not actually been placed at the disposal of The Company yet. The Company undertakes to accept payment for pre-ordered goods and services from the User and promptly transfer it to the supplier organization to pay for the pre-order. Please note that participation in the pre-order of equipment may involve some risks, such as the risk of the supplier organization refusing to provide goods and services, fraud on the part of the supplier organization, forgery, substitution of equipment and others.
51. The delivery time of the equipment is determined by the supplier organization. In case of non-fulfillment of the requirements on delivery dates, quality of goods and services by the supplier of pre-ordered equipment, The Company is not responsible. In the event of force majeure and force majeure circumstances related to the pre-order of equipment, as a result of which it becomes impossible to fulfill the conditions for pre-order of equipment, The Company also does not bear responsibility. With complaints about the quality of the completed pre-order, Users are invited to contact the supplier organization directly.
PRE-ORDER REFUND POLICY
52. In case of questions about the quality of goods or services, the timing of the provision of goods and services, the supplier organization's evasion from providing goods and services, according to the pre-order conditions, or other circumstances preventing timely and high-quality performance of Company`s obligations under the Agreement, the user is entitled obtain a compensation provided for in this «Pre-order refund Policy» section of the Agreement.
53. The method of compensation is always determined on an individual basis. The Company undertakes to compensate the losses of customers by providing other/ own goods and services, in particular, not exceeding 75% of the pre-order value paid by the customer. Due to the fact that The Company, along with the customers participating in the pre-order, may also be exposed to some risks from the supplier organization, contractors, etc., the proposed refund cannot be made in material equivalent, in cryptocurrency, fiat currency, precious metals, stones, etc. The only equivalent in which it can compensation from The Company should be provided - The Company's goods and services.
FEES AND BILLING
54. You agree to pay The Company two types of fees for Mining participation rights:
Fixed fee for the Services, that is specified on the website on the moment of request of certain services;
Mining Fee that accrued on the daily basis and is calculated on the following basis:
F=P*X*R%*24, where
F – amount of Mining fee;
P – power in Watts of Mining equipment for which Mining participation rights are purchased;
X – cost of energy for maintenance of Mining equipment (KWh) displayed at the Website;
R% - amount of User`s Mining participation rights.
The Company is entitled to change amount of cost of energy at its sole discretion provided that The Company shall send 7-day prior written notification on such change to the User`s e-mail specified during the registration process.
55. You agree to pay the Company following fees for Cloud Mining:
Maintenance fee for the Services, that is specified on the website on the moment of request of certain services as provided for in Clauses 39-41 of the Agreement;
Cloud Mining Fee that accrued on the daily basis and is calculated on the following basis:
F=P*X* *24, where
F – amount of Cloud Mining fee;
P – power in Watts of Mining equipment used to render Cloud Mining services. Such power rate is displayed at the Website while request of Cloud Mining service;
X – cost of energy for maintenance of Mining equipment (KWh) displayed at the Website;
The Company is entitled to change amount of cost of energy at its sole discretion provided that The Company shall send 7-day prior written notification on such change to the User`s e-mail specified during the registration process.
56.The withdrawal fee depends on the amount requested:
- For withdrawal requests over 0.05 BTC, the fee is 3%.
- For withdrawal requests from 0.01 to 0.05 BTC inclusive, the fee is 5%.
- For withdrawal requests from 0.005 BTC to less than 0.01 BTC, the fee is 7%.
- For withdrawal requests less than 0.005 BTC, the fee is 10%.
58. You are entitled to use Tokens to obtain a discount of up to 45% on the price of Mining equipment and on the Fees, including the Maintenance fee. The amount of the discount depends on the amount of Tokens used for payment and is displayed in the User’s Account before payment.
TOKENS (PAWĀ)
58.1 Tokens credited to the User’s Account, including for Mining, as Referral Rewards or Bonus Funds or as settlement under clauses 36.1–36.11 and 41.1–41.14, are recorded in the Company’s internal records and cannot be withdrawn from the Account until the Company enables their withdrawal (an “Unlock”). The phases, dates, volumes and conditions of any Unlock are determined by the Company at its sole discretion, may be changed and are announced in the Account; any schedule published on the Website is indicative only. The Company does not guarantee any Unlock, token generation event, listing on any exchange, price or liquidity of the Tokens, and Tokens confer no right to any income, profit or share in the Company.
58.2 A User who holds in the Account at least the number of Tokens displayed in the Account may submit Withdrawal requests below the general minimum withdrawal amount, down to the reduced minimum displayed in the Account; at the date of this edition, a User holding at least 2,000 PAWĀ may withdraw from 0.0025 BTC instead of 0.005 BTC. Such Tokens are not debited, and the fee under clause 56 applies. The Company may change or withdraw this and other benefits of Token holders, including discounts and access to features, by displaying the change in the Account.
58.3 Tokens acquired under a token sale agreement with the Company are also governed by such agreement as to their acquisition, lock-up and distribution.
UNCLAIMED PROPERTY
59. If for any reason The Company is holding funds in your Account on your behalf, and The Company is unable to return your funds to your designated external account after a period of inactivity equal to 24 (twenty four) continuous months, then The Company may report and remit such funds in accordance with applicable state unclaimed property laws.
WITHDRAWALS
60. Users that have not completed the identification procedure (KYC) will not be allowed to execute Withdrawal of fiat currency. The transfer of withdrawal in fiat currency is permitted only after completion of identification procedure (KYC).
60.1 The amount of Withdrawals depends on the level of identification (KYC) completed by the User, as displayed in the Account. At the date of this edition: without KYC, only Withdrawals of the minimum withdrawal amount are available; after Basic KYC (passport or ID card), Withdrawals of up to 0.01 BTC; after Full KYC, Withdrawals of up to 2 BTC per day. The Company may request identification at any stage, change the levels and limits and refuse a Withdrawal until the requested identification is completed.
61. The User may withdraw only (a) Remuneration for Mining, (b) Referral Rewards credited in Cryptocurrency (clause 44.5) and (c) other funds the withdrawal of which is expressly provided for in these Terms of Use, on the conditions of such withdrawal (including clause 36.7). Bonus Funds (clause 44.1) cannot be withdrawn, and Tokens may be withdrawn only after their Unlock (clause 58.1). The amount available for Withdrawal is displayed in the Account. In Terms of high volatility of cryptocurrency transaction fees The Company is allowed to apply limitations on the minimum value or the minimum number of funds that are received as Remuneration for Mining and shall be available for Withdrawal. Information of such limits should be posted on the Website and could be changed with or without additional notice of User. If User simultaneously transfer any own fund to his Account at the Website The Company is entitled to reject withdrawal such funds from the Account. In this case the User is entitled to use such funds to purchase any Company's Services.
62. The Company exercise withdrawal transaction within 2 weeks after receipt of User`s request. The processing time of the withdrawal request depends on the number of withdrawal requests received on the server. The User agrees that The Company is entitled to deduct any gas commission applicable to such transaction from the amount of funds withdrawn.
62.1 If any Mining equipment of the User has the status “Inactive”, “Needs repair” or “Unprofitable equipment”, the Company may suspend all Withdrawals from the User’s Account, including requests submitted but not yet executed, until the status of all such equipment is resolved, namely until such equipment is repaired, replaced, sold through the Marketplace or transferred to the Company by agreement, or the User instructs the Company to pay for its repair out of the Account balance. During the suspension, the period referred to in clause 62 does not run, Remuneration for Mining from the User’s other equipment continues to be credited and Paid downtime accrues in accordance with clause 5. The Company may, at its discretion, execute a Withdrawal in part during the suspension.
63. The User warrants that he/she/it will withdraw the funds to his controlled accounts. The Company is not liable for the consequences of such withdrawals.
DISCLAIMERS OF WARRANTIES
64. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR WEBSITE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR WEBSITE AND/OR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
65. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE WEBSITE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE WEBSITE.
66. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to certain Users.
66.1 WITHOUT LIMITING CLAUSE 64, THE USER ACKNOWLEDGES AND AGREES THAT: (A) THE COMPANY DOES NOT GUARANTEE ANY BUYER, SALE, LIQUIDITY, PRICE, TIME OF SALE, RESALE VALUE, UTILISATION, RENTAL DEMAND, INCOME, PAYBACK OR BUY-BACK; (B) ANY FIGURES, FORMULAS (INCLUDING “TOTAL RETURN = MINED BTC + RESALE VALUE − COSTS”), CALCULATORS, “INCOME 24H” INDICATORS, SCENARIOS, EXAMPLES, BLOG POSTS AND OTHER MARKETING MATERIALS ARE ILLUSTRATIVE ONLY, DO NOT FORM PART OF THIS AGREEMENT AND ARE NOT AN OFFER, FORECAST, PROMISE OR INVESTMENT ADVICE, AND WORDS SUCH AS “OWN”, “INCOME”, “GUARANTEED”, “ALWAYS”, “LIQUID” OR “INVESTMENT” USED IN SUCH MATERIALS CREATE NO OBLIGATION OF THE COMPANY AND DO NOT CHANGE THE LEGAL NATURE OF ANY SERVICE; (C) MARKETPLACE ITEMS ARE ACQUIRED “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”, WITHOUT ANY WARRANTY AS TO CONDITION, REMAINING SERVICE LIFE, HASHRATE, PROFITABILITY OR UPTIME; (D) GPU SHARING IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY AS TO AVAILABILITY, PERFORMANCE, CAPACITY, AVAILABILITY OF MODELS, ACCURACY OR LAWFULNESS OF OUTPUTS, OR ISOLATION, SECURITY OR CONFIDENTIALITY OF DATA; (E) THE VALUE OF TOKENS, USDT AND ANY CRYPTOCURRENCY MAY FALL TO ZERO; (F) BETA FEATURES MAY CONTAIN ERRORS AND MAY BE CHANGED OR WITHDRAWN AT ANY TIME; AND (G) THE USER ENTERS INTO EVERY MARKETPLACE TRANSACTION AND ACQUIRES EVERY GPU SHARE, GPU SERVER AND GPU HOUR SOLELY AT ITS OWN RISK AND ON ITS OWN INDEPENDENT JUDGMENT.
LIMITATION OF LIABILITY
67. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES.
68. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to Certain Users.
69. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE WEBSITE EXCEED THE FEES PAID BY YOU TO THE COMPANY DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
69.1 WITHOUT PREJUDICE TO CLAUSES 67–69: (A) THE COMPANY SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY OTHER USER, INCLUDING ANY SELLER, BUYER OR RENTER, FOR ANY CHANGE IN VALUE, MISSED SALE OR BOOKING, OR FOR ANY CONSEQUENCE OF THE EXERCISE BY THE COMPANY OF ITS RIGHTS UNDER CLAUSES 36.1–36.11 AND 41.1–41.14; (B) THE AGGREGATE LIABILITY OF THE COMPANY IN CONNECTION WITH ANY MARKETPLACE TRANSACTION SHALL NOT EXCEED THE FEES ACTUALLY RECEIVED BY THE COMPANY FOR SUCH TRANSACTION; AND (C) THE USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF GPU SHARING SHALL BE THE RE-CREDITING OF THE GPU HOURS AFFECTED.
70. When holding mass events of any kind on the basis of Company, the administration undertakes to ensure that such events are held in good faith, as well as to notify the participants of the event in a timely manner about the beginning and end of the events, and about the results of such events. The benefits and services received as a result of participation in the event are subject to use exclusively within the framework of the service. For questions related to the goods and services received in the framework of participation in any event conducted by the service, it is necessary to contact the service's technical Customer Support of the Service . All such questions should be considered individually.
71. The Company is not responsible for any damages caused by delay or failure to perform its obligations under the Agreement in case if the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.
LIMITED RIGHT OF USE
72. Any use of the Website in violation of these Terms of Use is strictly prohibited and can result in the immediate termination of the Website and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE WEBSITE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY COMPANY`S DIGITAL PRODUCT SUCH THE WEBSITE IS A VIOLATION OF COMPANY`S POLICY AND MAY BE A VIOLATION OF APPLICABLE LAWS.
73. You agree that you will not, under any circumstances:
a) Engage in any act that The Company deems in its reasonable discretion to be in conflict with the spirit or intent of the Website, including but not limited to circumventing or manipulating these Terms of Use, our service rules, or any other policies;
b) Make improper use of The Company’s Services, including, without limitation, by submitting false personal information or using profane and abusive language in your communications with our personnel; or
c) Use the Website, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in violation of rights of third parties;
d) Use exploits, automation software or any unauthorized third party software designed to modify or interfere with the Website;
e) Use the Website in order to design or assist in the design of exploits, automation software or any other unauthorized third party software designed to modify or interfere with the Website;
f) Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Website (each a “Server”);
g) Organize, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the Website, or other attempts to disrupt the Website; or
h) Attempt to gain unauthorized access to the Website, Accounts registered to others or to the computers, Servers, or networks connected to the Website by any means other than the User interface provided by The Company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Website;
i) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
j) Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
k) Make available through the Website any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Company`s employee;
l) Interfere or attempt to interfere with the proper functioning of the Website or connect to or use the Website in any way not expressly permitted by these Terms of Use;
m) Use, facilitate, create, or maintain any unauthorized connection to the Website, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Website; or (2) any connection using programs, tools, or software not expressly approved by The Company;
n) Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, or to obtain any information from the Website using any method not expressly permitted by The Company; or
o) Copy, modify or distribute rights or content from the Website, or Company’s copyrights or trademarks or use any method to copy or distribute the content of the Website except as specifically allowed in these Terms of Use;
p) Solicit or attempt to solicit personal information from other Users of the Website;
q) Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Website; or
r) Upload or transmit or attempt to upload or transmit, without Company’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
s) Publicly disseminate information about the types and methods of violations of these Terms of Use and Privacy Policy, as well as publicly call for violation of these Terms of Use and Privacy Policy;
t) Publicly disseminate information (correspondence in whole or in part) obtained as a result of communication with the technical support team;
u) Register and use to access to the Website or Services more than one account. In case if there are reasonable grounds to believe that you have registered or are using more than one Account, The Company has the right to restrict, suspend, terminate, modify or delete any and all accounts associated with you;
v) Use IP proxying or other methods to disguise the region (country) of your current location to circumvent geographical restrictions to order any Services or for any other purposes.
LINKING TO THE WEBSITE
74. Linking to the Website is permitted provided that you comply with these rules. You may link to the home page of the Website or to any other page of this Website. However, you are not allowed to use in-line linking or framing. You must not imply that The Company endorses or sponsors the linker of its Website, products or Services. You must not use Company's intellectual property including but not limited to trademarks, trade name, copyright without permission from The Company. Furthermore, you agree to remove the link at any time upon our request.
THIRD PARTY MATERIALS
75. In order to use this Website and/or Services, you may need to obtain and/or use certain third-party products (i.e. Device), services and/or materials (“Third Party Materials”). Third Party Materials are (i) not licensed hereunder; (ii) not under Company’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which you need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of this Website and/or Services. Notwithstanding any provision to the contrary herein, nothing in these Terms of Use shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.
THIRD PARTY SERVICES
76. For carrying out various operations within the Service, the Company collaborates with third-party services. Any inquiries from the User about the size of commissions of such services are subject to separate interaction directly with each specific service in each specific case. The Company also acknowledges, and the User unconditionally agrees by accepting these Terms, that there is not a finite number of services implemented or otherwise involved in the Company's operations, commissions for the use of which cannot be calculated until operations associated with these commissions are directly performed. In all of the above cases, the obligation to pay the commission lies with the User. At the same time, the Company guarantees the preservation of the difference between the funds transferred by the user for payment of services and the values of top-ups received in the Personal Account within 5%.
INTELLECTUAL PROPERTY
77. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Website are vested in The Company and/or its licensors and The Company and/or its licensors are the sole and exclusive owners thereof. All rights in the Website not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its products or Services except as expressly authorized herein. Except as otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of The Company is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
78. The Company hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. The Company disclaims any proprietary interests in the intellectual property rights other than its own.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
79. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Company the written information specified below:
79.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
79.2. A description of the copyrighted work that you claim has been infringed upon;
79.3. A description of where the material that you claim is infringing is located on the Website;
79.4. Your address, telephone number, and e-mail address;
79.5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
79.6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
80. Please note that this procedure is exclusively for notifying The Company and its affiliates that your copyrighted material has been infringed.
APPLICABLE LAW AND DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
81. This Agreement shall be governed, construed, and enforced in accordance with the law of Seychelles.
82. The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.
83. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Riga International Commercial Arbitration Court in Riga on the basis of written documents (written procedure).
84. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
INDEMNIFICATION
85. You hereby agree to indemnify and hold harmless The Company, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use, including without limitation infringement by User materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.
ASSIGNMENT
86. The Company may assign, transfer or delegate these Terms of Use or the fulfillment of any of its obligations pursuant to these Terms of Use and/or Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer or delegate any rights or obligations under the Terms of Use or Privacy Policy without Company’s prior written consent, which may be withheld in its sole discretion, and any unauthorized assignment and delegation by you is void and ineffective.
SEVERABILITY
87. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
NOTICES
88. Any notice or other communication under this Agreement shall be in writing and shall be considered given and received when sent by email. The Users official email for communication shall be deemed the email specified by the User during the creation of Account. The language of the communication shall be English.
PRIVACY POLICY AND PERSONAL INFORMATION
89. The Company has developed a Privacy Policy that governs the use and protection of User’s private information according to the applicable laws and good practices. The full text of the Privacy Policy is made available on the Website and can be accessed at: https://bemine.club/
90. Despite all the security measures implemented by The Company, the User acknowledges that there are certain risks of The Company being attacked by electronic means in order to obtain the private information and that The Company cannot guarantee full protection.
TERM AND TERMINATION
91. The term of this Terms of Use (“Term”) shall begin when you start using this Website and/or Services and shall continue in perpetuity unless otherwise terminated by The Company by written notice. The Company expressly reserves the right to change, suspend or discontinue all the Website or portion thereof, at any time, and may terminate your use of the Website at any time. Without prejudice to any other rights, these Terms of Use will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Use, you must immediately cease using the Website including without limitation any use of Company’s trademarks, trade names, copyrights and other intellectual property.
92. WITHOUT LIMITING ANY OTHER REMEDIES, THE COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE WEBSITE OR PORTIONS THEREOF IF YOU ARE, OR THE COMPANY REASONABLY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THIS TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE WEBSITE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ACCESS TO YOUR ACCOUNT AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS ASSOCIATED WITH YOUR USE OF THE WEBSITE, AND THE COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
93. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE WEBSITE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR WEBSITE, AND ITS CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE WEBSITE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
94. The Company reserves the right to stop offering and/or supporting the Website or part of the Website at any time either permanently or temporarily, at which point your license to use the Website or a part thereof will be automatically terminated or suspended.
95. Termination of your Account can include disabling your access to the Website or any part thereof including any content you submitted or others submitted.
96. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WEBSITE IN ANY WAY.
ART. Research&Development Ltd./ Company №227778/ Suite 1, Second Floor, Sound & Vision House, Francis Rachel Str., Victoria, Mahe, Seychelles. By using the BeMine service you agree to the Terms of Use and Privacy Policy. The information on this site is not a commercial offer and should not be construed as a commercial offer to purchase securities, commodities or other financial products. Also, the information on this site is not investment advice. We do not guarantee that any goals, assumptions, expectations and / or tasks indicated or implied on this site will be fully or partially realized, and that any actions or any activities will be performed exactly as described on this site and on other domain names associated with this site. BeMine encourages a responsible approach to calculating the profitability of ASIC miners and make independent, deliberate decisions. You must be aware of all the risks and responsibilities associated with the process of mining cryptocurrencies. BeMine does not encourage anyone to participate in the mining of cryptocurrencies / tokens and other technological solutions. Restricted jurisdictions are defined in clause 18(f) of the Terms of Use. Users are invited to make sure their country is not among them by contacting BeMine Support.
FEATURES
PRODUCTS
CONTACTS
BeMine
© 2018—2026
© 2018—2026
Mining at your fingertips
MENU
Mining at your fingertips
BeMine © 2018—2026
BeMine © 2018—2026