TERMS OF SERVICE & PRIVACY POLICY

    INTRODUCTION


    This is an agreement (referred to as the "Terms", or the “agreement”, or the “Terms of Service”) between:

    1. FHL ENTERPRISE LIMITED (also referred to in these Terms as "Myhashing", "MH", "we", "us" or "our"), a limited liability company incorporated under the laws of the Republic of Cyprus, registration number: HE 390672, registration address: Dimostheni Severi 12, 0180, Nicosia, Cyprus; and

    2. Customer (also referred to in these Terms as "Customer", "you", "your"), the person accessing and using the Myhashing.com cloud mining service and accepting these Terms.

    (Myhashing and the Customer are separately referred to as the “Party”, and collectively as the “Parties”).

    (I) GENERAL INFORMATION


  1. THESE TERMS OF SERVICE

  2. 1.1 These are the terms and conditions on which we supply the cloud hosted mining service as described herein to you.

    1.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide services to you, how you and we may change or end the agreement, and other important information.

    1.3 These Terms of Service represent a legally binding agreement between you and us. If you think that there is a mistake in these Terms or require any changes, please contact us to discuss. Otherwise, it is assumed that you have fully read, understood and consented to these Terms of Service. You should regularly check the Website for changes to the Terms of Service or other relevant information found on the Website.

    1.4 We may, at any time, and at our sole discretion, modify these Terms of Service, including our Privacy Policy, with or without notice to you. Any such modification will be effective immediately upon public posting. Your continued use of our Service and the Website following any such modification constitutes your acceptance of these modified Terms.

    1.5 These Terms of Service is effective and legally binding upon the Customer as of the date that you click to accept them.

    1.6 You should note that acceptance of this Terms by the Customer does not give rise to any of our obligations, including without limitation the obligation to provide the Service to you. Such obligations (if any) arise once Myhashing confirms the Customer's order.
  3. DEFINITIONS

  4. The definitions for some of the defined terms used in this Terms of Service are set forth below. The definitions for other defined terms might be set forth elsewhere in this Agreement.

    2.1 "Account" has the meaning given in Article 7.1;

    2.2 "Balance" is the personal Account balance of the Customer;

    2.3 "Confidential Information" means all confidential information however recorded or preserved disclosed by a Party or its representatives to the other Party and that Party's representatives whether before or after the date of this agreement/Contract, including but not limited to (i) any information that would be regarded as confidential by a reasonable business person relating to: the business, affairs, customers, clients, suppliers, plans, intentions, or market opportunities of the disclosing party or of any member of the group of companies to which the disclosing party belongs; and the operations, processes, product information, know-how, designs, trade secrets or software of the disclosing party or of any member of the group of companies to which the disclosing Party belongs; (ii) any information developed by the Parties in the course of carrying out this agreement/Contract;

    2.4 "Contract Term" is the period of time during which the Customer has an access to administer a Service subject to fulfilment of the obligations, including all payment obligations stipulated herein;

    2.5 "Contract" is the access to a Contractual Processing Power of specific Hash rate;

    2.6 "Contractual Processing Power" is the processing power of the Service purchased by a Miner and administered by a Miner using the Website;

    2.7 "Cryptocurrency"/"Cryptocurrencies" refers to the following distributed, decentralized peer-to-peer digital currencies:
      2.7.1Bitcoin Cash” - a type of Cryptocurrency known as Bitcoin Cash; and
      2.7.2Bitcoins” - a type of Cryptocurrency known as Bitcoin.

    2.8 "Hashrate" or "Hash rate" is the mining power of the Mining Hardware used to mine Cryptocurrencies. Hashrate is the following mining algorithm: SHA-256;

    2.9 "Hold" is the state an Account can be placed in that prevents the said Account to make any withdrawals, used as a security measure;

    2.10 "Initial Contract Price" is an upfront payment of a fixed amount charged in United States Dollars by Myhashing for the given Hash rate upon purchasing the Contract by the Customer. Such price varies depending on the range of purchased TH/s;

    2.11 "Maintenance Fees" are all costs related to the provision of Service and running Mining Hardware including electricity fees, cooling costs, staff, maintenance of machine and data centers and related services thereto, charged daily from the Balance;

    2.12 "Miners" are individuals who register to mine Bitcoins/Bitcoin Cash with a Contractual Processing Power. If you successfully apply to administer a Contractual Processing Power, you will be a Miner;

    2.13 "Mining Hardware" is the computer hardware owned by MH that is used to provide the Service and to mine Cryptocurrencies;

    2.14 "Order" has the meaning given in Article 7.2;

    2.15 "Output" is the periodic deposit to your Balance, dependent on the volume of your Contractual Processing Power, mining difficulty and other relevant factors. Myhashing may change the periodicity of Outputs at any time;

    2.16 "Personal Data" means any information related to a Customer (including without limitation the Customer's name, surname, county of residence, nationality, personal number, email address, telephone number, mailing address, digital wallet related information, credit card information, company name, company identification number and other details). Myhashing collects information including Personal Data the Customer provides when creating an Account. MH also uses various technologies to collect and store the information related to the Customer's Personal Data;

    2.17 "Referral Program" has the meaning given in Article 12;

    2.18 "Service" is MH's cloud hosted mining service, which enables individuals to remotely mine Cryptocurrencies for themselves using our Mining Hardware and the Website;

    2.19 "Third Party Wallets" means any digital wallets, wallet addresses, tools, and third party software and devices used by the Customer;

    2.20 "Website" is www.myhashing.com and any apps, software, emails or other websites which we use to provide the Service.
  5. INTERPRETATION

  6. 3.1 In case of conflict or discrepancies between these Terms of Service and the Myhashing terms of use or the instructions, guidance and similar information found on the Website (if any), these Terms of Service shall take priority.

    3.2 By applying to register as a Miner you confirm that you understand and accept (and are able to understand and accept) these Terms of Service and the legally binding effect thereof.
  7. CUSTOMER'S REPRESENTATIONS, WARRANTIES AND OBLIGATIONS

  8. 4.1 The Customer hereby represents and warrants that:
      4.1.1 the Customer has full legal authority under any applicable jurisdiction to enter into this agreement;
      4.1.2 the Customer is 18 years old or over;
      4.1.3 it is lawful for the Customer to accept this Terms of Service and register as a Miner.
      4.1.4 The Customer understands, is familiar with and accepts the risks and legal and financial consequences associated with cryptocurrency mining, blockchain technologies, digital wallets, and private keys. To that end, Myhashing declares that it is not responsible for and hereby disclaims any kind of liability for any inappropriate use of the said technologies by any of the persons, including without limitation the Customer. The Customer hereby agrees that no computer and internet communication equipment is completely free of fault, occasional technical disruptions may affect the Service and so can human error, which may result in misrepresentation of content or miscommunication;
      4.1.5 All information provided under this agreement or otherwise is true, not misleading, complete and up to date;
      4.1.6 The Customer is a legal entity or an individual whose country of residence or country of incorporation as applicable, is outside Georgia.

    4.2 The Customer hereby acknowledges and guarantees that it must not and will not mine, or dispose of in any form - buy, sell, exchange, hold, own or otherwise use or exploit Cryptocurrencies (such as Bitcoins and Bitcoin Cash) in any way, which is prohibited by the laws or regulations applicable to the Customer.

    4.3 The Customer shall comply with all applicable laws and regulations, these Terms of Service and all rules applicable to the use of the Website and the Service at all times.

    4.4 The Customer shall only hold one Account and shall not visit the Website or use the Service through any anonymous proxies and other services or technologies that hide the real internet connection of the user. The Customer is not allowed to use any means to mask the internet traffic and IP address.

    4.5 The Customer shall not falsely describe or otherwise misrepresent itself in any dealings with Myhashing.

    4.6 The Customer hereby agrees not to use the Website or the Service in any way which:
      4.6.1 is unlawful;
      4.6.2 may give rise to any liability whatsoever whether civil or criminal for Myhashing;
      4.6.3 may give rise to any claim whatsoever towards MH; or
      4.6.4 may bring MH into disrepute.

    4.7 The Customer is strictly forbidden to use or exploit errors in design of the Website, the Service and/or all and any of their parts, features which have not been documented, and/or "program bugs" for commercial/personal gain or as means to disrupt and/or destabilize the Service and/or the Website. If you encounter such an error by accident, you are required to report your findings to Myhashing.
  9. RISKS ASSOCIATED WITH CRYPTOCURRENCIES

  10. 5.1 By accepting these Terms of Service, the Customer acknowledges that actions with Cryptocurrencies (such as, Bitcoins and Bitcoin Cash) carry inherent risks and that there are disadvantages to owning, using and/or mining Cryptocurrencies. Some of the risks particular to Cryptocurrencies include them being:
      5.1.1 illiquid, intangible and uninsured;
      5.1.2 subject to currency fluctuation - the price of any Cryptocurrency is subject to fluctuation and it may fall sharply, even to zero;
      5.1.3 irreversible – recovering the funds transferred to the wrong recipient may not be practically possible;
      5.1.4 under the risk of losing – the relevant PINs or passwords or other login credentials are necessary to access and subsequently, dispose of any Cryptocurrencies. Thus, if the Customer loses and/or forgets such PINs or passwords the Cryptocurrencies may get lost without any recovery;
      5.1.5 affected by technical risks – unknown inherent technical defects may affect any Cryptocurrencies;
      5.1.6 unconfirmed - transactions with Cryptocurrencies may be unconfirmed for a certain period of time. Some Cryptocurrency transactions may never be confirmed - Cryptocurrency transactions which are unconfirmed are not completed;
      5.1.7 subject to technological and operational risks;
      5.1.8 subject to high costs;
      5.1.9 subject to regulatory risks - new regulations and/or laws may impact the use of or impose heavy barriers on mining and/or owning Cryptocurrencies, and etc.

    5.2 The value of Cryptocurrencies including Bitcoins and Bitcoin Cash is not insured by any public or private legal entity, as they are unregulated and decentralized.

    5.3 The Customer, in addition, declares that it fully understands and accepts

    5.4 Myhashing cannot state definitely how many Bitcoins/Bitcoin Cash units will be mined by any Miner through the Contractual Processing Power.

    5.5 The value of any Contract, any amount of any Cryptocurrency is subject to change by Myhashing due to a number of factors out of Myhashing's control. These factors include but are not limited to changes of mining difficulty and/or other mining parameters/properties, fluctuating price (in fiat currency to Cryptocurrency exchange rate, such as USD/Bitcoin) of Cryptocurrencies, obsolescence of hardware and amortization of hardware.

    5.6 The Customer understands and agrees that the worth of any Contact and any amount of mined Cryptocurrency may lose all worth at any moment of time due to the nature of Cryptocurrencies.

    5.7 You understand that you are solely responsible for management of the Cryptocurrencies in your balance as well as any losses or charges incurred by any third-party entity.

    5.8 Any information related to Cryptocurrency and Cryptocurrency mining that is/was posted, published and/or provided by Myhashing via any channel of communication (including but not limited to: on the Website, via Email newsletter, in social media) is subject to change.

    5.9 By agreeing to these Terms of Service or by mining Cryptocurrencies by using the Service, the Customer confirms and declares that the Customer understands, is capable of understanding and accepts the risks associated with Cryptocurrencies.
  11. CONTRACT TERM

  12. 6.1 The Contract Term is 5 (five) years unless stated otherwise stated by Myhashing in the specific provisions (if any). The Contract remains valid while profitable (refer to section 16.5), until expired or terminated (refer to section 16), whichever comes first.

    6.2 For the avoidance of the doubt, it is expressly stated that these Terms of Service are valid indefinitely, even after Account termination.

    6.3 The Contract with a stated expiry date will end on the date of expiry and the provision of the Contractual Processing Power will be terminated.

    6.4 Myhashing reserves the right to change the Contract Term of any Contract unilaterally.

    (II) PROVISION OF THE SERVICES


  13. REGISTRATION

  14. 7.1 The Account is your personal access to the Service. You need to register in order to obtain a Website account (the “Account”). Upon registration, the Customer will be asked to choose a unique username and a password to sign up for the Service.

    7.2 In order to register, the Customer shall submit some personal information, including without limitation, the Personal Data and select a country of residence. In addition, Myhashing reserves the right to request provision of other Personally Identifiable Information and/or financial information for Anti-Money Laundering and/or Know Your Customer checks. This may, among others, include photographic identification and a recent proof of address. We may also undertake our own identity, fraud and credit checks. Myhashing reserves the right to impose limitations on the Account dependent on the provided information.

    7.3 Only after the Customer has registered and created the Account the Customer is able to purchase the respective Contract and place the Service order (the “Order”). The Order is deemed to be submitted to Myhashing once you fully pay the Initial Contract Price for the relevant Hash power volume package/Contract and such payment is reflected to either our bank account or, digital wallet (as the case may be).

    7.4 Your Order is a request to acquire a Contract from us and does not represent a formed contract. If we accept your order, we will associate your Contract with your Account. Until then, an Order is considered pending and Myhashing reserves the right to decline your payment and refund the payment, if any.

    7.5 Only Myhashing can decide at its sole and absolute discretion whether the Customer's application will be accepted.

    7.6 In the event, Myhashing accepts the Customer's Order:
      7.6.1 the Customer may not avoid/cancel the agreement covered by these Terms of Service and to the extent allowed under the applicable laws and regulations, hereby waives any rights or remedies associated to cancellation of the agreement. In any event, the Customer will not be eligible for any refund; and
      7.6.2 confirmation will be made by email (that may also set out certain specific provisions), which will also contain an estimated commencement date for the Contract. MH cannot say how long it will take to confirm the commencement date of the Contract.

    7.7 If the application to register as a Miner with Myhashing is successful, the username and password will be allocated to the Customer.
  15. USE OF THE PERSONAL INFORMATION AND PRIVACY POLICY

  16. 8.1 By accepting these Terms of Services the Customer agrees to the collection and use of its information/Personal Data by Myhashing and hereby explicitly consents to MH's privacy policy as stipulated herein.

    8.2 The Customer agrees that MH may process and store any content you submit to the Website (the “Customer's Content”). You agree to the distribution of the Customer's Content by us both internally and externally.

    8.3 MH takes reasonable security measures to protect against unauthorized access, alteration, disclosure, or destruction of your Personal Data that we collect and store. However, the Customer hereby declares that it understands that no system can be fully (100%) secured, so we cannot guarantee that any information provided to us in connection with the data we collect through the Services will be free from unauthorized access by third parties.
  17. USE OF THE ACCOUNT

  18. 9.1 Each Customer may only have one Account.

    9.2 The Customer confirms and Myhashing assumes that any use of the Account is made by the Customer as the Customer may only mine Cryptocurrencies for its own benefit.

    9.3 By using the Website and/or the Service the Customer among others confirms that it is not acting for the benefit of any other person or entity and the Customer is solely responsible and liable for any use of the Website or the Service under the Account.

    9.4 The username and password are personal to the Customer and the Customer must not disclose either of them to any other person.

    9.5 The Customer is solely responsible and liable for any use of its username and password. The Customer acknowledges that it must not allow any other person to use the Account. Myhashing is not responsible for and disclaims to the maximum extent permitted under the applicable laws any liability for any improper use of the Customer's username, password, and the Account by any other person. The Customer shall immediately notify Myhashing if the Customer has reasons to assume that any other person knows the password or uses the Account of the Customer.

    9.6 In the event, the Customer loses access to the Account, Myhashing is authorized to ask the Customer to provide any data to determine the ownership of the Account, including without limitation the proof of identity, proof of residence, proof of telephone number/email ownership and any identifiable activity on the Website, such as transaction IDs, order numbers, withdrawal amounts and others. The Customer shall note that despite the foregoing no recovery of the Account is guaranteed by Myhashing.
  19. BALANCE

  20. 10.1 Using the Service and the Contractual Processing Power by the Customer may result in the receipt of Cryptocurrencies during the Contract Term, unless the early termination of the Contract occurs, subject to payment of any and all fees, which may be applied by Myhashing.

    10.2 Following the repayment of the Maintenance Fees in full, the remaining amount of mined Cryptocurrencies (if any) will be reflected to the Balance once in every twenty-four hours (subject to unilateral modification by Myhashing).

    10.3 The Customer's Balance is the personal amount of funds available to use. To be able to withdraw funds the Customer shall enter at least one wallet for the relevant Cryptocurrency. These Cryptocurrencies will be transferred to the Customer's wallet upon the request, if such request is confirmed.

    10.4 The Service may have multiple Balances. Currently available balances are:
      10.4 BTC Balance is measured in BTC (Bitcoins), accurate to 0.00000001 BTC (1 satoshi, the minimum indivisible amount of BTC); and
      10.4 Bitcoin Cash.

    10.5 Other Cryptocurrency Balances may be introduced and/or removed at any time at Myhashing's sole and absolute discretion.

    10.6 Transmission of the funds mined may take up to twenty-four hours from the date the relevant Cryptocurrencies are generated.

    10.7 Myhashing has the discretion to accumulate or hold the resulting Cryptocurrencies on the Balance without allowing the Customer to use them until the accumulated value is sufficiently high to exceed the Maintenance Fees. The Customer hereby explicitly agrees to Myhashing's said powers and discretions.

    10.8 The Customer may withdraw its balance at any time if it meets the minimum requirement, unless stated otherwise (subject to change).

    10.9 Myhashing reserves the right to make retroactive recalculations to Balance, Contractual Processing Powers, Hash rate and logs, including but not limited to, in the case of any error occurring in the Service, to correct any mistakes or discrepancies.

    10.10 Balance may be negative. In such case, the Balance must become positive above the minimum requirement before any withdrawals and/or purchases can be made using it.
  21. ORDER CHANGES

  22. 11.1 Myhashing reserves the right to switch and/or change any purchased Contract's Hashrate type and amount at any time. The change of Contract Hashrate type will account for the current market price and Myhashing will attempt, if possible, not to reduce the total value of the Contract being changed.

    11.2 Unless otherwise provided by law or by a particular offer, all purchases are final and non-refundable. MH reserves the right to issue refunds at MH's sole discretion. If we issue a refund, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

    (III) CUSTOMER REWARDS


  23. REFERRAL PROGRAM

  24. 12.1 The registered Customers may receive financial rewards through the Referral Program for purchases made by other Customers that they have referred (invited) to MyHashing.

    12.2 Every registered Customer receives a unique referral link (the “Referral Link”).

    12.3 In order to earn referral commission bonus, the Customer should transfer such personal Referral Link to any other eligible person.

    12.4 Whenever the Customer's unique Referral Link adds new Contract, the Customer earns a commission bonus in the amount of 5% of the new Customer's Initial Contract Price.

    12.5 MyHashing is not obliged to link two accounts into the referrer-referral relation in case the new account was registered without a Referral Link in error and/or add any referral bonuses for past purchases retroactively.

    12.6 It is strictly forbidden to create additional accounts or use any other method for the purpose of abusing the Referral Program.

    (IV) FEES AND TAXES


  25. INITIAL CONTRACT PRICE

  26. 13.1 The Customer shall pay the Initial Contract Price upon the purchasing the Contract.

    13.2 The Initial Contract Price varies depending on the purchased volume of TH/s:
      13.2.1 “Starter” package consisting of 1 to 5 TH/s – USD 105 per TH/s;
      13.2.2 “Basic” package consisting of 5 to 15 TH/s – USD 100 per TH/s;
      13.2.3 “Premium” package consisting of 15 to 1000 TH/s – USD 95 per TH/s.

    13.3 The Customer has the option to customize its order within the range of 1 to 1000 TH/s. In such case, the Initial Contract Price will be generated automatically considering the price ranges stipulated in sections 13.2.1 - 13.2.3 above.

    13.4 A Customer is able to purchase a Contract using either Cryptocurrencies or fiat currencies (to be paid via a bank transfer). Myhashing may change the said method of payments at any time in its sole and absolute discretion.

    13.5 Myhashing is authorized to change the prices stipulated in sections 13.2.1 - 13.2.3 above at its sole and absolute discretion. The Customer will be notified regarding such price alterations via Website.
  27. MAINTENANCE FEES

  28. 14.1 The Customer shall pay to Myhashing Maintenance Fees for use of the Services as described in these Terms of Service.

    14.2 Maintenance Fee equals to 0.16 United States cents per TH per day.

    14.3 The Fees including Third Party Fees are deducted from your Balance automatically once a day immediately before an Output for any active Contractual Processing Powers.

    14.4 Myhashing reserves the right to change the fees at any time without prior notice.

    14.5 Maintenance Fees are non-refundable.
  29. THIRD PARTY FEES

  30. 15.1 Certain Third Party Wallets may also charge you a fee, including a per transaction or transfer fee.

    15.2 The Customer is responsible for being aware of and satisfying any fee referred to in Clause 15.1 above.

    15.3 The Customer should note and hereby acknowledges that any such fees may significantly reduce the Customer’s Output and therefore, Customer is responsible for managing the selection, use, and rate of their receipt of Output to any such Third Party Wallets.
  31. TRANSFER AND WITHHOLDING FEES

  32. 16.1 The minimum amount of Cryptocurrencies (Bitcoin/Bitcoin Cash) that the Customer is allowed to withhold shall be not less than 0.002 Bitcoins and 0.002 Bitcoin Cash.

    16.2 Myhashing will charge transfer fees in the amount of 0.0005 Bitcoins and 0.0005 Bitcoin Cash, respectively for any transfer of the Cryptocurrencies to the Customer.
  33. TAXES

  34. 17.1 The Customer is responsible for any taxes, and the Customer will pay Myhashing for Services without any reduction for taxes.

    17.2 If we are obligated to collect or pay taxes, they will be invoiced to you and/or deduced from your Balance.

    17.3 The Customer must ensure that Myhashing receives payment for its Services for the net amount as would otherwise be due.

    17.4 The Customer will be liable to pay or reimburse MH for any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.

    (V) SUSPENSION AND TERMINATION


  35. BREACH, SUSPENSION AND TERMINATION

  36. 18.1 MyHashig may, without limiting any other rights it has, suspend or terminate the Customer's right to access Account, and/or, the right to use any portion or all of the Services, and/or, nullify the Customer's Account Balance and/or hold the ability to withdraw mined funds if:
      18.1.1 the Customer breaches any of the provision of these Terms of Service;
      18.1.2 Myhashing determines that the Customer's use of the Services poses a security risk to MH, the Website, the Services or any third party;
      18.1.3 Myhashing determines that the Customer's use of the Services could adversely impact MH's systems, the Services or any other customer of MH, could subject Myhashing, its affiliates, or any third party to liability, or could be fraudulent;
      18.1.4 the Customer initiated a dispute with respect to any payment or purchase of the Service; or
      18.1.5 the Customer has ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

    18.2 If MH has grounds to suspect that the Customer is using the Website or the Service fraudulently or improperly, Myhashing will suspend the Account until the Customer is able to demonstrate to the satisfaction of MH:
      18.2.1 the identity; and
      18.2.2 that no fraud or impropriety has occurred or been attempted.

    18.3 We will try to give you reasonable notice of any anticipated termination of the Website or the Service.

    18.4 If you become aware of or suspect another user or Miner's breach of these terms of service, or any fraud or impropriety by another user, you must contact us immediately.

    18.5 The Mining process continues until said mining is profitable. Myhashing has the right to place the Customer's Account on hold (hold and suspend the ability to withdraw any mined funds/Cryptocurrencies from the Customer's Account Balance) until the Account Balance is sufficient to cover the Maintenance Fees in full. This means the Mining process will stop if the Maintenance Fees become larger than the Output. If mining remains unprofitable for 30 consecutive days, MH has the right to permanently terminate the Service/Contractual Processing Power and/or deactivate the Customer's Account. If during the suspension period, the factors that are outside of Myhashing's control will change favorably, making mining profitable again, the Service will be unsuspended and Contract reactivated.

    18.6 Myhashing has the right to place the Customer's Account on hold (hold and suspend the ability to withdraw any mined funds from the Customer's Account Balance) for a period of up to 30 days as a security measure of anti-fraud related regulations and policies.

    18.7 Myhashing is authorized to deactivate the Customer's Account at its sole and absolute discretion, if all of the following criteria are met:
      18.7.1 an Account has no active Contracts;
      18.7.2 an Account has no Balance;
      18.7.3 an Account has no Balance changes in the last 6 months; and
      18.7.4 your Account has no logins in the last 3 months.

    18.8 If you do not log into your Account for 6 months, we may terminate the Account at our discretion. You will be, if possible, notified in advance. If we are unable to contact you, or you do not take any action to prevent account termination, your Balance will be nullified.

    (VI) MISCELLANEOUS


  37. CONFIDENTIAL INFORMATION

  38. 19.1 The Customer shall not disclose Confidential Information to anyone, except to its agents or professional advisors who need to know it and who have agreed in writing to keep the Confidential Information confidential.

    19.2 The Customer shall liable to its agents or professional advisors to whom the Confidential Information is disclosed subject to Clause 19.1 above.
  39. LIABILITY

  40. 20.1 Myhashing provides and maintains the Website and the Service on an "as is" and "as available" basis and we are solely liable to provide our services with reasonable skill and care.

    20.2 We give no other warranty in connection with the Website or the Service and we disclaim all liability among others for:
      20.2.1 Any change in the difficulty of mining process;
      20.2.2 Any fluctuations whatsoever in the exchange rate of Bitcoins or any other Cryptocurrency;
      20.2.3 any interruptions to or error of the Website or the Service;
      20.2.4 accuracy, currency or validity of information and material contained within and/or provided by the Website, via email or any other means of communication.
      20.2.5 any (adverse) changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
      20.2.6 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website, the Service or any Customer's Content; and
      20.2.7 all representations, warranties, conditions and other terms and conditions which, but for this notice, would have effect.

    20.3 Myhashing will not be liable in any amount for failure to perform any obligation under these Terms of Service if that failure is caused by the occurrence of an event beyond our reasonable control.

    20.4 Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

    20.5 To the maximum extent permitted by law, we exclude liability for any losses or damages which you may suffer, whether the same are suffered directly or indirectly or are immediate or consequential, which fall within any of the following categories:
      20.5.1 special damage even though that party was aware of the circumstances in which such special damage could arise;
      20.5.2 loss of anticipated savings;
      20.5.3 loss of business opportunity and management time;
      20.5.4 loss of goodwill;
      20.5.5 loss of Cryptocurrency arising as a result of any of your acts or omissions of those of any third party;
      20.5.6 loss arising out of or in connection with:
        20.5.6.1 any defect or insecurity in any systems you use to store or transmit Cryptocurrency or to access or use the Website or the Service;
        20.5.6.2 any inaccurate or incomplete information you provide, including Cryptocurrency wallet addresses;
        20.5.6.3 any changes to the amount of Cryptocurrency awarded to Miners;
        20.5.6.4 any changes to the regulatory, legislative or technical environment applicable to Cryptocurrencies;
        20.5.6.5 the acts or omissions of any bank or provider of banking services; or
        20.5.6.6 any change in the value of Cryptocurrency howsoever arising (including as a result of the acts or omissions of MH).

    20.6 To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Website or the Service (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the Fees.
  41. INDEMNIFICATION

  42. 21.1 The Customer hereby agrees to indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of:
      21.1.1 any breach by you of these Terms of Service;
      21.1.2 any fraud or fraudulent misrepresentation The Customer commits;
      21.1.3 any inaccuracy or defect of any of the information you have provided to us;
      21.1.4 any breach of applicable law or regulation applicable to the Customer;
      21.1.5 any other person's use of your Account; and
      21.1.6 any third party claims arising from your use of the Website or the Service, any of the Customer's Content or any use of your Account (whether or not such use was by you).

    21.2 Myhashing hereby reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
  43. SET-OFF AND WAIRER

  44. 22.1 Myhashing may deduct any monies you owe us from any monies we owe to the Customer.

    22.2 Myhashing's failure to enforce any term of these Terms of Service does not constitute our waiver of that term.
  45. ENTIRE AGREEMENT

  46. 23.1 These Terms of Service, together with privacy policy and any instructions, guidance and similar information (if any) found on the Website (from time to time), constitute the entire agreement between you and MH relating to your use of the Website and the Service and mining through the Website or the Service, to the exclusion of any other terms.
  47. SUBSTITUTION

  48. 24.1 If any part of these Terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable.

    24.2 The remainder of the provisions will remain in full force and effect.
  49. ASSIGNMENT

  50. 25.1 MH is entitled to assign and otherwise transfer the agreement/Contract covered by these Terms of Service by giving the Customer a reasonable notice, which may include notice given via the Website.

    25.2 The Customer shall not assign or transfer in any form whatsoever any rights, obligations, and/or liabilities under these Terms of Service to any person whatsoever without the prior written consent of Myhashing.
  51. GOVERNING LAW AND JURISDICTION

  52. 26.1 These Terms of Service are subject to and interpreted in accordance with the laws of Georgia.

    26.2 The parties hereby submit to the exclusive jurisdiction of courts of Georgia.

    26.3 No representation or warranty is made as to whether the Website or the Service complies with the laws of any jurisdiction other than Georgia.
  53. PRIORITY

  54. 27.1 The Website may be presented in multiple languages.

    27.2 In the case of any conflict between translations, the English version shall prevail. The Customer hereby confirms that it fully understand the English version of this Terms of Services.