AGB

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

Mineworxx Ltd.

Unit A, 3/F, Winner Commercial Building, 401-3 Lockhart Road, Causeway Bay, Hong Kong,

(hereinafter abbreviated to: Mineworxx Ltd.), regarding managed hosting services.

(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 infrastructure used.

(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 services.

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

Cancellation instructions

Right of cancellation

You are entitled to cancel this contract within fourteen days, without stating reasons.

The cancellation period is fourteen days from the date of contract conclusion.

To exercise your right of cancellation, please inform us,

Mineworxx Ltd.

Unit A, 3/F, Winner Commercial Building, 401-3 Lockhart Road, Causeway Bay, Hong Kong,

Email: revocation@mineworxx.com

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 deadline. 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

Cancellation template

(If you wish to cancel the contract, please complete this form and return it to us.)

To

Mineworxx Ltd.

Unit A, 3/F, Winner Commercial Building, 401-3 Lockhart Road, Causeway Bay, Hong Kong,

Email: revocation@mineworxx.com

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)

...........................................

Date:

...........................................

_______________________________

(*) 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 http://www.mineworxx.com/order.php

(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 limited.

(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 details.

(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 charge.

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 customer.

(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 technically unavoidable.

(2) The basic functions of the contractual service are monitored daily. Maintenance and monitoring are generally performed 9am – 5pm CET Monday to Friday.

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 repairs.

(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 so.

(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. information;

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 thereof;

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 and conditions.

(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 breaches.

(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 telemedia law.

(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 the database).

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 platform.

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 time. (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:

Mineworxx Ltd.

Unit A, 3/F, Winner Commercial Building, 401-3 Lockhart Road, Causeway Bay, Hong Kong

(4) Security notice for email usage

As Mineworxx Ltd. cannot guarantee complete data security when communicating by email, it recommends sending confidential information by post.

Section 17: Link to the EU Commission’s online platform for online dispute resolution:

http://ec.europa.eu/odr

Our email address: service@mineworxx.com

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 residence.

(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 clauses.


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