Mineworxx Ltd. terms and conditions
Section 1: General information and scope
The following terms and conditions apply to all business relations between
the customer and
Unit A, 3/F, Winner Commercial Building,
401-3 Lockhart Road,
(hereinafter abbreviated to: Mineworxx Ltd.), regarding managed hosting
(2) Customers as defined by these terms and conditions can be both
consumers and entrepreneurs.
(3) A consumer as defined by the terms and conditions is, according to
Section 13 of the German Civil Code (BGB), any natural person who transacts
legal business with Mineworxx Ltd. for a purpose which cannot be attributed
to their commercial or independent professional work.
(4) An entrepreneur as defined by the terms and conditions is, according to
Section 14 BGB, a natural person, legal entity or incorporated partnership
who/which, in transacting legal business with Mineworxx Ltd., is operating
as part of their commercial or independent professional work. An
incorporated partnership is a partnership capable of acquiring rights and
assuming liabilities. Entrepreneurs as defined here also include customers
constituting a special fund under public law.
Section 2: Contractual purpose
(1) Mineworxx Ltd. renders the services specified in the contract for the
customer via the Internet for the duration of the contract. These generally
include providing a dedicated, operational computing system on a virtual
server (hereinafter known as ‘contractual service’).
(2) The purpose of the contract is to
(a) Lease the software applications defined in the contract to mine
digital, blockchain-based information units tradable within the MINEWORXX
cryptosystem (cryptocurrencies) for the duration of the contract
(hereinafter known as ‘software’).
(b) Grant memory and provide processing power on the servers operated by
Mineworxx Ltd. for the duration of the contract.
(3) The contractual service is provided solely for the purpose outlined and
detailed in the contract.
(4) Mineworxx Ltd. is not obliged to provide a specific hardware
infrastructure or advise the location, type or scope of the hardware
(5) Insofar as a specific processing power has been established in the
contract’s service description, the customer is entitled to only use the
contractually agreed processing power.
(6) Mineworxx Ltd. is entitled to have the contractual service rendered by
third parties, insofar as the third parties uphold Mineworxx Ltd.’s
contractual obligations to the customer.
Section 3: Contract conclusion / Duties of information
(1) Key service features
The key service features are detailed in Section 2, and in the respective
service package descriptions on the Mineworxx Ltd. website.
(2) Information on concluding contracts via the Mineworxx Ltd. online shop
The service package descriptions in the Mineworxx Ltd. online shop do not
constitute binding offers by Mineworxx Ltd. The customer can, however,
submit a binding offer to conclude a contract to use Mineworxx Ltd.’s
services by completing the online order form. When ordering via the online
form, the customer can first select the desired service package. Once the
service package has been selected, the customer can finalise the order.
After entering their personal details/the login details of an existing
customer account and choosing the desired payment method, the customer then
clicks the “commit to pay and order” button to place a binding order. Any
incorrectly entered information can no longer be corrected once this button
has been pressed.
Mineworxx Ltd. can accept the customer’s offer by sending a written or
electronic order confirmation, or by providing the contractually agreed
The contract is thus concluded by the customer submitting an offer and this
offer then being accepted by Mineworxx Ltd.
Before committing to the order, the customer can correct their information
at any time using the standard mouse and keyboard input functions and their
browser’s Back and Forward buttons.
(4) Contracts can only be concluded in German.
(5) The contractual text is not stored by Mineworxx Ltd., and thus cannot
be retrieved by the customer. As such, Mineworxx Ltd. advises the customer
to print out the order details themselves.
Section 4: Cancellation instructions for customers as defined by Section 1
Para. 3 of these terms and conditions
Right of cancellation
You are entitled to cancel this contract within fourteen days, without
The cancellation period is fourteen days from the date of contract
To exercise your right of cancellation, please inform us,
Unit A, 3/F, Winner Commercial Building,
401-3 Lockhart Road,
of your decision to cancel this contract by submitting a clear statement
(e.g. a posted letter or email). You may use the enclosed cancellation
template for this, though this is not mandatory.
Sending your declaration regarding your exercised right of cancellation
within the cancellation period shall suffice to uphold this
Consequences of cancellation
If you cancel this contract, we must refund you all payments received from
you, including delivery costs (except for the additional costs resulting
from you choosing a different delivery method to the cheapest Standard
delivery offered by us), immediately, i.e. within fourteen days of us
receiving your declaration regarding your contract cancellation. We refund
these payments using the same method you used for the original transaction,
unless otherwise expressly agreed with you; under no circumstances will you
be charged any fees for this refund.
If you have asked for the services
to commence during the cancellation period, you must pay us an appropriate
amount corresponding to the percentage contractual services already
rendered by us up to the time of you informing us of your decision to
cancel this contract.
Section 5: Cancellation template for consumers as defined by Section 1
Para. 3 of these terms and conditions
(If you wish to cancel the contract, please complete this form and return
it to us.)
Unit A, 3/F, Winner Commercial Building,
401-3 Lockhart Road,
I/We (*) hereby cancel the contract concluded by me/us (*) regarding the
purchase of the following goods (*)/rendering of the following service (*)
Ordered on (*)/Received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s): (Applicable to hardcopy declarations only)
(*) Cross out the option which does not apply.
Section 6: Software leasing
(1) Mineworxx Ltd. provides the customer with the latest version of the
software for a fee via the Internet for the duration of this contract. As
such, Mineworxx Ltd. installs the software on the contractually agreed
server, which the customer can access through the Internet.
(2) The latest range of software functions can be found in the current
service description on Mineworxx Ltd.’s website at
(3) Mineworxx Ltd. immediately rectifies any software errors where
technically possible. An error exists if the software does not fulfil the
functions stated in the service description, delivers erroneous results, or
otherwise malfunctions to the point where software usage is impossible or
(4) Mineworxx Ltd. reserves the right to keep developing the software and
improving it through ongoing updates and upgrades.
Section 7: Software usage rights
(1) Mineworxx Ltd. grants the customer the non-exclusive, non-transferable
right to use the contractually agreed software to the contractually agreed
extent for the duration of the contract as per the contractual service
(2) The customer may only edit the software if this is classified as
‘compliant software usage’ in the latest service description.
(3) The customer may only copy the software if this is classified as
‘compliant software usage’ in the latest service description. Loading the
software into the main memory is considered necessary copying; installing
or saving it, even temporarily, on data carriers (e.g. hard drives etc.) of
the hardware used by the customer, however, is not.
(4) The customer is not authorised to make the software available to third
parties – whether for free or at a charge. As such, the customer is
expressly prohibited from sublicensing the software.
(5) The customer commits to ensuring that any contractual relations it
maintains with third parties prevent the software from being used free of
Section 8: Virtual-server leasing
(1) Mineworxx Ltd. leases a dedicated, operational computing system on a
virtual server within an IT infrastructure run by Mineworxx Ltd. to the
(2) Mineworxx Ltd. ensures data stored by the customer is accessible via
the Internet using the customer’s login details.
(3) The customer is not authorised to lease all or part of the contractual
service to a third party for free or at a charge.
(4) The customer commits to not storing any content in the virtual
service’s memory which, if provided, published or used, breaches applicable
law or agreements with third parties.
(5) Mineworxx Ltd. commits to taking suitable measures to prevent data loss
and authorised accessing of the customer’s data by third parties. As such,
Mineworxx Ltd. will perform daily, weekly, monthly and annual backups which
check the customer’s data for viruses and install the latest firewalls.
(6) The customer shall always remain the sole party authorised to access
the data, and can thus ask for all or part of it to be returned at any
time, particularly after contract termination, without this entitling
Mineworxx Ltd. to a withholding right. The data is returned electronically
via the Internet.
Section 9: Support
(1) The support scope is established in the individual contractual
agreement between the customer and Mineworxx Ltd.
(2) Mineworxx Ltd. will inform the customer if the contractually agreed
monthly scope for support services is exceeded. Once informed, the customer
will advise Mineworxx Ltd. whether it wishes to keep receiving the support
services despite the allocation being exhausted. If this is the customer’s
wish, Mineworxx Ltd. will charge the additional support services as per the
latest price list.
(3) Mineworxx Ltd. will answer customer queries regarding use of the
contractual software and virtual server as quickly as possible by telephone
or in writing during its business hours.
Section 10: Interrupted / Limited accessibility
(1) Adjustments, changes and amendments to the contractual service, and
measures serving to identify and rectify malfunctions, will only result in
temporary interruptions or limitations to accessibility if this is
(2) The basic functions of the contractual service are monitored daily.
Maintenance and monitoring are generally performed 9am – 5pm CET Monday to
Mineworxx Ltd. will immediately inform the customer of any upcoming
maintenance work, and will perform this as quickly as possible, in keeping
with the respective technical environment.
If it is not possible to repair an error within 24 hours of the customer
reporting it, Mineworxx Ltd. will inform the customer of this by email
within 48 hours, stating the reasons and the expected time frame for
(3) The average annual availability of the contractually agreed services is
99%, including maintenance work. Availability must not, however, be
interrupted or limited for more than two consecutive calendar days.
Section 11: Customer duties
(1) The customer commits to not storing any illegal content breaching laws,
official requirements or third-party rights in the memory provided as part
of the contractual service.
(2) The customer commits to taking suitable measures to prevent
unauthorised third-party access to the provided software and the user
account set up by Mineworxx Ltd. The customer must particularly not
disclose the user account login details.
(3) Notwithstanding Mineworxx Ltd.’s commitment to protect data, the
customer themselves bears sole responsibility for entering, managing and
backing up their information and data stored on the virtual server as part
of the contractual service. The customer must particularly back up any
cryptocurrencies acquired while using the contractual service by saving
these in an independent e-wallet or using other backup means.
(4) The customer commits to checking their data and information for viruses
or other harmful components before entering it or uploading it to the
contractually agreed server, using the latest anti-virus programmes to do
(5) Customers are generally liable for all activities performed using their
login details. If the customer is not responsible for misusing their
account because they have not breached the existing duties of care, they
shall not be liable. Mineworxx Ltd. wishes to advise that cryptocurrency
transfers permitted within the user account cannot be reversed.
(6) The content stored by the customer in their allocated memory may be
copyrighted or protected under other privacy laws. The customer hereby
grants Mineworxx Ltd. the right to make the content stored on the server
accessible via the Internet if requested, and, in particular, to copy it,
transmit it, and reproduce it for data backup purposes.
(7) The customer is obliged to provide truthful personal information when
placing orders, and to prove this by sending a copy of an official photo ID
upon request by Mineworxx Ltd.
(8) The customer is not permitted to use the contractual service while
using IP anonymisation services (Tor Browser or similar).
(9) The customer is prohibited from providing false personal information,
breaching third-party rights, harassing third parties, or otherwise
breaching applicable laws or moral and ethical standards when using
Mineworxx Ltd.’s website. The customer particularly commits to refraining
from the following:
Propagating statements with abusive, harassing, violent,
violence-glorifying, inflammatory, sexist, obscene, pornographic, racist,
morally objectionable or otherwise offensive or prohibited content;
Abusing, harassing, threatening, frightening, vilifying or embarrassing
other Mineworxx Ltd. customers or staff;
Spying out, forwarding or circulating personal or confidential information
relating to other Mineworxx Ltd. customers or staff, or otherwise abusing
the privacy of other Mineworxx Ltd. customers or staff;
Spreading false claims, particularly regarding race, religion, gender,
sexual orientation, origins and social standing, about other Mineworxx Ltd.
customers or staff;
Spying out, forwarding or circulating confidential Mineworxx Ltd.
Spreading false claims about Mineworxx Ltd;
Pretending to be an employee of Mineworxx Ltd or of a Mineworxx Ltd.
partner or affiliate;
Using legally protected images, photos, graphics, videos, music, sounds,
text, trademarks, titles, names, software, databases or parts thereof, or
other content and labels without approval from the rightsholder(s) or
permission by law or legal regulation;
Propagating statements with promotional, religious or political content;
Using prohibited or illegal content;
Exploiting programming errors (so-called ‘bugs’);
Taking measures capable of overloading servers and/or significantly
impeding other customers’ usage of the Mineworxx Ltd. services;
Hacking or cracking, or promoting or inciting hacking or cracking;
Spreading counterfeit software and promoting or inciting the spreading
Uploading files containing viruses, Trojans, worms or destroyed data;
Using or disseminating ‘auto’ software programs, ‘macro’ software programs
or other ‘cheat utility’ software programs;
Modifying the service or parts thereof;
Using software which enables ‘data mining’ or otherwise captures or
collects information relating to Mineworxx Ltd.;
Disrupting transfer to and from the service servers or website server;
Penetrating the service server or website server.
(10) Mineworxx Ltd. refers to its domiciliary rights regarding use of its
website, and expressly reserves the right to immediately lock an online
account if the duties established in (9) or the applicable laws are
breached during usage.
Section 12: Fee / Payment conditions
(1) The customer commits to paying the fee agreed on to lease the
contractual service and for any agreed support.
(2) All Mineworxx Ltd. prices include the applicable German VAT.
(3) The contractually agreed fee must be paid in advance for the
contractually agreed period. The only payment method currently offered is a
bank transfer to Mineworxx Ltd.’s nominated account. Mineworxx Ltd. will
send the customer a bill for the contractually agreed fee, which must be
paid in full to the Mineworxx Ltd. account stated on the bill within 10
days of receipt.
(4) The legal regulations apply in the event of payment default.
Section 13: Liability
(1) Mineworxx Ltd. guarantees the contractual service will be functional
and operational as per the provisions of this contract. The legal
provisions governing guarantees shall apply to contracts concluded between
Mineworxx Ltd. and consumers as defined by Section 1 Para. 3 of these terms
(2) In the event Mineworxx Ltd.’s contractually agreed services are taken
advantage of by unauthorised third parties using the customer’s login
details, the customer shall be liable for resulting charges as part of
their liability under civil law until a request is received from the
customer to change the login details or report loss or theft, insofar as
the customer is to blame for granting the unauthorised third party access.
(3) The customer commits to exempting Mineworxx Ltd. from all third-party
claims based on data culpably stored by the customer, and to reimbursing
Mineworxx Ltd. for the costs it incurs as a result of potential legal
(4) Mineworxx Ltd. is entitled to immediately block customer access if
there is justified reason to suspect that the data stored there is illegal
and/or breaches third-party rights, or the contractual service is otherwise
being used illegally. Justified suspicion of illegality and/or a legal
breach particularly exists when this is reported to Mineworxx Ltd. by
courts, authorities and/or other third parties. Mineworxx Ltd. must
immediately inform the customer of the account block and the reason for
this. The block must be lifted as soon as the suspicion has been dispelled.
(5) No compensation claims, regardless of legal grounds, may be raised
against Mineworxx Ltd., unless Mineworxx Ltd., its legal representatives or
assistants have acted with deliberate intent or gross negligence. Mineworxx
Ltd. is only liable for slight negligence if Mineworxx Ltd., its legal
representatives, managers or assistants have breached a contractual
obligation critical to fulfilling the contractual purpose, or in the event
of damages resulting from death, physical injury or harm to health. In this
case, Mineworxx Ltd. shall only be liable for typical, foreseeable damages.
Mineworxx Ltd. shall not be liable for data loss, insofar as the damage is
based on the fact that the customer failed to back up data and thus ensure
the lost data could be restored without excessive effort and expense.
(6) Mineworxx Ltd. cannot be held responsible for false information in
customer registrations. As such, Mineworxx Ltd. cannot assume any liability
for the accuracy of this information, and customer content backed up at
Mineworxx Ltd.’s end is classified external information under German
(7) Mineworxx Ltd. is not liable for damage caused by installing software
from the Downloads area, insofar as this is legally permitted. Despite
keeping up to date with virus checks, it legally cannot be held liable for
damages or problems caused by computer viruses. Mineworxx Ltd. is similarly
not liable for disruptions to the quality of the service access due to
force majeure or events beyond Mineworxx Ltd.’s control. Furthermore,
Mineworxx Ltd. is not liable for third parties gaining unauthorised access
to customers’ personal details (e.g. through hackers illegally accessing
Section 14: Term / Termination
(1) The contract is concluded for the agreed term, and be terminated on its
end date with one month’s notice. If the contract is not duly terminated as
described above, it will be automatically extended once for up to 12
months, without further costs being charged for use of the software and
additional services. If the contract is not duly terminated at the end of
the 2nd term with one month’s notice, the right to use the software and
additional services is again extended once by up to 12 months, without
further costs being charged for use of the software and additional
services. Hereafter there shall be no more automatic extensions.
The customer can, however, sign a temporary contract on the rendering of
the contractual service under the Mineworxx Ltd. conditions existing at
this time once the original contract has expired or after receiving a
notice of ordinary termination.
(2) This shall not affect each party’s right to terminate the contract
without notice for just cause. Mineworxx Ltd. is particularly entitled to
terminate without notice if the customer does not make outstanding payments
despite reminders and extensions, or culpably breaches the contractual
provisions regarding use of the contractual service. Any termination
without notice requires that the other party be sent a written reminder or
request to rectify the alleged grounds for immediate termination within an
appropriate time frame.
(3) Terminations must always be made in writing (e.g. email), whereby
terminations by Mineworxx Ltd. are deemed to have been effectively issued
once sent to the email address stored by the customer on the online
Section 15: Service period
(1) Unless otherwise contractually agreed between the parties, Mineworxx
Ltd. will make the contractual service available for usage by the customer
within 90 days of the agreed fee being paid.
(2) The agreed contractual period commences upon provision of the service
by Mineworxx Ltd.
(3) Force majeure, war, terrorism, suspected terrorism, riots, strikes,
lock-outs, disruptions to raw-material supplies or power supplies, or other
events which Mineworxx Ltd. is unable to avoid despite exercising
reasonable care, and which prevent the service from being rendered, exempt
Mineworxx Ltd. from its delivery and service obligations for the duration
of each inhibiting event.
Section 16: Privacy
The data necessary to transact business is stored.
(1) Usage and sharing of personal details
Insofar as the customer has provided Mineworxx Ltd. with personal details,
Mineworxx Ltd. will only use this to answer customer queries, execute
contracts concluded with the customer, and for technical management.
Personal data is only shared with or otherwise sent to third parties by
Mineworxx Ltd. if this is required in order to fulfil the contract or for
billing purposes, or if the customer has consented to this beforehand. The
customer is entitled to revoke their consent for future effect at any
(2) The stored personal data is deleted if the customer revokes
their consent to storage, if the information is no longer required in order
to fulfil the purpose associated with the storage, or if storage is
prohibited for other legal reasons. Deletion requests do not apply to data
for billing or accounting purposes.
(3) Right to information
Upon written request, Mineworxx Ltd. will inform the customer of their
stored personal data. Requests must be addressed to:
Unit A, 3/F, Winner Commercial Building,
401-3 Lockhart Road,
(4) Security notice for email usage
As Mineworxx Ltd. cannot guarantee complete data security when
communicating by email, it recommends sending confidential information by
Section 17: Link to the EU Commission’s online platform for online dispute
Our email address: firstname.lastname@example.org
Section 18: Applicable law, jurisdiction
(1) The law applicable at Mineworxx Ltd.’s headquarters governs all legal
relations between the parties, under exclusion of the laws on the
international sale of goods. In the case of consumers, this choice of law
only applies, unless the granted protection is revoked by mandatory legal
provisions in the state where the consumer has their primary place of
(2) The exclusive place of jurisdiction for all disputes arising from the
contractual relationship between the customer and Mineworxx Ltd. is
Mineworxx Ltd.’s headquarters, unless the customer is a merchant.
(3) If individual clauses of these terms and conditions become fully or
partly invalid, this shall not affect the validity of the remaining