Terms of Service

Last updated: August 3, 2021

Part One: General Terms

§ 1 Scope of Application

Our Terms of Use apply to the use of this website as well as to all contracts concluded with customers regarding our services (including future ones). Any terms and conditions of the customer that contradict or deviate from our Terms of Use are not recognized. Even if we perform our services without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our Terms of Use, our Terms of Use shall apply. The use of our website and services is at the customer's own risk.

§ 2 Performance Obligations of Our Website

1. Our performance obligations are derived from the respective product performance descriptions. Other assurances, performance promises, or ancillary agreements are only valid if confirmed by us in writing. We reserve the right to make changes and adjustments to the services provided, even in the case of contracts already in progress, due to various circumstances, such as technical situations (e.g., updates) or legal requirements. In the event of changes, we shall endeavor to provide you with an equivalent service. If this is not possible or appears to be impossible according to our reasonable judgment, we may also replace the previous service with a service of inferior quality that is as close as possible to the previous one.
2. We are entitled to extend our services to adapt to technical progress and/or to make improvements. This applies in particular to adjustments that are made to prevent misuse or because we are obliged to adjust our services due to legal provisions.
3. If we provide additional services without requiring additional remuneration, the customer has no right to demand the performance of such services. We have the right to discontinue or change such previously free services within a reasonable period of time, or to provide these services only after payment. In this case, we will notify the customer in a timely manner.
4. We are only obliged to provide technical support to the customer within the scope agreed in the contract. No further support services should be provided.

§ 3 Customer Obligations

1. The customer guarantees that the information provided is correct and complete. The customer undertakes to immediately notify our website of any changes to the contact details provided, as well as any other data required for the performance of the contract. The customer guarantees that he/she is at least 18 years old, has full legal capacity according to applicable law, and is not permanently resident in the United States of America (USA).
2. Depending on your country of residence and the laws applicable in your country of residence, you may not be able to fully utilize all of our services. You are solely responsible for determining whether this applies to you and relieving us of any liability that may arise as a result. If you violate any applicable laws, we reserve the right to cancel your contract, terminate it prematurely, or block your access. If you enter into a contract without complying with the laws applicable to you, the contract may be invalid. In the case of invalidity, you are not entitled to any refund.
3. The customer undertakes to regularly change the password received from us for accessing our services and to keep it strictly confidential. The customer shall notify us immediately upon learning that an unauthorized third party knows the password.
4. The customer further undertakes not to use the resources provided by us for actions that violate legal prohibitions, morals, and third-party rights.

§ 4 Contract Conclusion, Contract Duration, Termination

1. The contract is concluded through our acceptance of the customer's contract offer. Acceptance is either explicitly declared or is deemed to have been given when we begin to perform the service.
2. Unless otherwise agreed, the running time of the contract will be shown to you when you select our services. At the end of the agreed term, the contract automatically terminates without requiring notice of termination. Ordinary termination is not possible within a fixed term.
3. The right of both parties to terminate for good cause is not affected.

§ 5 Prices and Payment

1. Fees paid for our services must be paid in advance within the corresponding contract term, unless a different billing period has been agreed with the customer. An offer made to the customer can only be accepted after full payment.
2. We may charge maintenance fees. These fees may include various costs, such as electricity costs, administration fees, parts costs, wear and tear costs, etc. If there is a contract containing maintenance fees, the amount of the maintenance fees may change during the term and be adjusted by us. At the time of concluding the contract, a certain amount is budgeted for this cost area, including price increases due to inflation. If the basic costs increase by at least 10%, we reserve the right to adjust the maintenance fees accordingly to ensure the stable operation of the mining machine.
3. The payment methods and options we accept will be displayed in the dashboard of the respective contract.
4. We have established partnerships with power companies. Mining rigs consume a large amount of electricity during use and require the payment of corresponding electricity fees during the contract period. The power company has the right to collect electricity fees during the contract period. If electricity fees are not paid for a long time, the power company has the right to hold the user responsible.

§ 6 Warranty

1. The customer shall immediately notify us of any defects and support us to the best of their ability in the event of possible defect correction, in particular by taking all reasonable data security measures.
2. We explicitly point out that according to the current state of technology, it is not possible to create hardware and software that runs without errors in all application combinations or can prevent any third-party manipulation. Therefore, we do not guarantee that the hardware and software we use or provide is free of crashes, errors, or malware. We only guarantee to the customer that the hardware and software we use to provide services will run substantially according to the manufacturer's performance specifications during the time under normal operating conditions and normal maintenance. We further do not guarantee that the hardware and software we use will always be available. We reserve the right to interrupt our service provision due to maintenance work, updates, power outages, or force majeure.

§ 7 Liability, Company Representative Disclaimer

1. We shall, to the extent permitted by law, bear liability regardless of the legal basis only in accordance with the following provisions.
2. We provide our services (especially the website, information, dashboard) to the best of our knowledge and abilities. We do not assume any responsibility that our services always comply with the latest state of technology and knowledge. This applies to all functions, but especially to pure information functions as well as security-related functions.
3. The information we provide is partly general in nature. You should not use it alone to make personal decisions. Consult experts suitable for your decision and use advice tailored to your personal circumstances. To the extent permitted by law, we assume no liability for any erroneous decisions you make based on the information we provide.
4. We do not assume any guarantee or liability for our website or services provided, even implied. Provision is made "as is" and "as available".
5. We assume no liability for any malfunctions, failures, interruptions, inaccuracies, or damages caused by third parties.
6. We do not guarantee that our services are available at any time or in the long term, especially because legal requirements limit or make our services impossible. In such cases, we shall not be liable for any direct or consequential damages you may suffer.
7. To the extent permitted by law, we do not accept any liability for damages caused by legal incorrectness, data loss or service abuse, the faulty performance of suppliers or affiliated companies, or provided products (including licensed software products).
8. To the extent permitted by law, your claims for damages against us are excluded.
9. If our liability is excluded or limited, and to the extent permitted by law, this shall also apply to the liability of our employees, other personnel, representatives, and agents.

§ 8 Data Protection

We collect, process, and use the customer's personal data within the framework of the statutory data protection regulations. By transferring user content or data, you grant us and our affiliated companies and service providers an irrevocable, non-exclusive right of use. This includes but is not limited to the right of use in the context of administrative procedures in your account and contract management. Additional information on this aspect can be found in the data protection declaration.

§ 9 Copyright, License Agreement

1. We grant the customer a time-limited, non-exclusive (simple), revocable right of use to our own and provided third-party software. Unless agreed otherwise through contractual assumption by us, transfer is not permitted, nor is granting sublicenses to third parties. Further use after contract termination is not permitted.
2. For open source programs, the respective valid license terms of the software provider also apply. You can obtain these terms from the respective provider. We have no obligation to provide or obtain these license terms for you. If the software provider's terms and conditions conflict with these terms and conditions, the software provider's terms and conditions shall prevail.

§ 10 Indemnification

The customer undertakes to internally indemnify us against all third-party claims that we may be subject to, which are based on the customer's illegal or tortious actions or errors in the information content provided by the customer, its use, or its infringement of third-party rights.

§ 11 Communication

All information and statements from our website will be sent exclusively electronically to the customer, especially via the dashboard or via email to the email address provided by the customer. We decide the method of delivery of information or statements according to our reasonable judgment. We are not obliged to check whether you have received these information or explanations.

§ 12 GTC Changes

We may unilaterally change these Terms of Use and post the latest version on our website at any time. Changes will be posted on this website. We have no obligation to inform you separately about changes. It is your responsibility to regularly check this website for changes. If you continue to use our services after changes, you accept these changes.

§ 13 Law

These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom.

§ 14 Severability Clause

If any provision of these Terms of Use is found to be invalid, the validity of the remaining provisions shall not be affected. They shall be replaced by enforceable and valid provisions that reflect our intentions as closely as possible.

Part Two: Risk Notice

Part Three: Definitions

Part Four: Service and Function Description

Our Services

Our website provides information on its website, making it possible for you to learn about our products. The service provided by our website is the use of computing power (Maxxihash) or storage space (Plots) for a specific purpose for a certain period of time. In this process, we provide all technical equipment, operate them completely, and distribute the resulting surplus to customers. The distribution is made in proportion to the performance booked or the storage space booked.

Registration

Interested persons can apply to register as a customer by logging in using your email address and a secure password, or by logging in using your Google account. The chosen access method, whether email with password or Google account, must also be used for further logins. We will confirm your application by activating your account.

Service Selection

The dashboard shows you the available services that you can order from us. The displayed available quantity is the maximum quantity you can purchase. You select the appropriate desired quantity as well as the applicable duration and payment type. The price to be paid for this will be displayed.

Display of Your Contracts

We display your existing contracts in the dashboard. There, you will find the relevant contract data, such as term, quantity, current status, possible payments. The above list is not exhaustive and complete. We reserve the right to show you more details or, according to our reasonable judgment or technical necessity, to send you other types of displays, for example via email. We do not guarantee that the dashboard display works properly at all times.

Withdrawals

Before you can receive withdrawals to your own wallet, you need to provide us with your wallet address in the dashboard so that we know where to send the withdrawals. The currencies you can specify are displayed in the dashboard. Unless otherwise provided, for each cryptocurrency to be withdrawn, we need a wallet maintained in that currency. You can request a withdrawal if the minimum requirements are met. The minimum requirements are displayed in the dashboard and are primarily based on whether the size of the withdrawal to your wallet is economical, as any payment may incur transaction fees or network fees. You can let us decide what looks economical. We will use our reasonable judgment to determine the amount of the amount to be paid to you. We will deduct any applicable transaction fees or network fees from the amount to be paid. We will initialize requested withdrawals at least once a day. This will be automated. We have no influence on the time of payment in the network. Likewise, we cannot influence whether the value of the payment you request changes relative to the US dollar during this period. The value of cryptocurrencies fluctuates constantly. You acknowledge that we assume no responsibility for any such changes in value and will not be held responsible for any adverse developments.

Referral Program

Our website may offer a referral program that rewards promotional activities of registered users.