Terms of Use
Part 1 General Provisions
1 Scope
Our terms of use apply to our website and all contracts concluded with our customers regarding our services (including future contracts). Any terms and conditions of the customer that conflict with or deviate from our terms and conditions are not recognized. If we provide services without reservation, despite knowing that the customer's terms and conditions conflict with or deviate from our terms, our terms will also apply. The customer bears the risk of using our website and services.
2 Our Website's Obligations
Our obligations are based on the respective product's performance description. Other promises, commitments, or subsidiary agreements are only effective after our written confirmation. We reserve the right to make changes and adjustments to the services provided due to various circumstances (such as technical conditions, updates, or legal requirements), even after the contract has been signed. In case of changes, we will strive to provide you with equivalent services. If, in our reasonable judgment, this is not possible or seems impossible, we may replace the previous service with a lower-quality service as close as possible to the last service.
We can expand our services to adapt to technological advancements and improvements. Adjustments may be required to prevent abuse or if we are obligated to adjust our services according to legal requirements.
If we provide additional services without additional compensation, the customer is not entitled to demand the performance of these services. We have the right to terminate or change such previously provided free services or offer them only after payment within a reasonable period. In such cases, we will notify the customer promptly.
We are only obligated to provide technical support to the customer within the scope of the contract. No further support services shall be granted.
3 Customer's Obligations
The customer warrants that the information provided by them is correct and complete. The customer commits to promptly inform our website of any changes to the contact details and any other data required for the performance of the contract. The customer guarantees they are at least 18 years of age, have total legal capacity according to applicable law, and do not have permanent residence in the United States (USA).
Depending on your country of residence and the laws applicable in your country of residence, you may only be able to utilize some of our services partially. You are solely responsible for determining whether this applies to you and indemnify us for any liabilities. If you violate any applicable laws, we reserve the right to cancel your contract, terminate the contract prematurely, or block your access. Contracts signed without compliance with laws applicable to you may be considered invalid. If invalid, you are not entitled to any refunds.
The customer commits to regularly change the password received from us for accessing our services and to keep it strictly confidential. The customer shall notify us immediately if any unauthorized third party becomes aware of the password.
The customer further commits not to engage in activities violating laws, morals, and third-party rights using our resources.
4 Conclusion of Contracts, Contract Term, Termination
After we accept the customer's contract offer, the contract is concluded. Acceptance is either explicitly declared or seen when we commence the services.
Unless otherwise agreed, the contract's validity period is based on the term displayed when you choose our services. After the agreed term expires, the contract terminates automatically without the need for termination. Ordinary terminations within a fixed term are not included.
The right of both parties to terminate the contract for good cause is not affected.
5 Prices and Payment
Unless a different billing cycle is agreed upon with the customer, the fees for our services must be paid in advance within the corresponding contract term. The customer's offer is only accepted after full payment.
We do not charge maintenance fees. This includes various costs such as electricity, management, spare parts, wear and tear, etc.
The payment methods and options we accept are displayed in the respective contract dashboard.
6 Warranty
The customer shall promptly notify us of any defects and do everything in their power to support us in possibly correcting them, especially by taking all reasonable data security measures.
Given the current state of technology, we explicitly state that it is impossible to create hardware and software that run error-free in all application combinations or prevent third-party manipulation. Therefore, we do not guarantee the absence of crashes, errors, or malicious software in our hardware and software. We only guarantee the customer that the hardware and software we use will run substantially according to the manufacturer's specifications for providing our services under normal operating conditions and regular maintenance. Furthermore, we do not guarantee that our hardware and software will always be available. We reserve the right to interrupt service due to maintenance work, updates, power outages, or force majeure.
7 Liability of the Company Representatives, Liability Disclaimer
To the extent permitted by law, we are only liable based on the following provisions, regardless of the legal basis.
We provide our services (especially the website, information, and dashboard) to the best of our knowledge and with our capabilities. We do not assume liability for ensuring our services always conform to the latest technical and knowledge standards. This applies to all functions but is especially applicable to pure information functions and functions related to security.
The information we provide is general. It should not be used as the sole basis for making personal decisions. Please consult the appropriate experts to make decisions and use advice suitable to your circumstances. To the extent permitted by law, we do not assume any liability for any incorrect decisions made by you based on the information we provide.
We do not assume any warranties or liability for our website or services, even if implied. This provision is made "as is" and "available."
We do not assume liability for any failures, malfunctions, interruptions, inaccuracies, or damages caused to third parties.
We only guarantee the availability of our services at some times, especially in cases where our services are limited or unavailable due to legal requirements. In such cases, we do not assume any liability for any direct or indirect losses suffered by you.
To the extent permitted by law, we are not liable for damages caused to products provided (including licensed software products) due to legal incorrectness, data loss, service misuse, or errors in performance by suppliers or affiliated companies.
To the extent permitted by law, we exclude any claims for damages brought against us by you.
To the extent permitted by law, our liability is excluded or limited, and this also applies to the liability of our employees, other employees, representatives, and agents.
8 Data Protection
We collect, process, and use the customer's data within legal data protection provisions. By transmitting user content or data, you grant us, as well as our affiliated companies and service providers, an irrevocable, non-exclusive right to use. This specifically includes but is not limited to administrative processes in your account and contract management. Additional information on this matter can be found in the data protection statement.
9 Copyright, License Agreement
We grant the customer a time-limited, non-exclusive (simple), and revocable right to use the software provided by us and third parties. Transfer and granting of sub-licenses to third parties are not allowed unless agreed upon by contract. Usage is not permitted after contract termination.
For open-source software, the respective valid license terms of the software providers also apply. You can obtain this information from the individual providers. We are not obligated to provide or accept 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 take precedence.
10 Indemnification
The customer commits to indemnify us for all claims that third parties may bring due to the customer's illegal or infringing actions, errors in the content provided, its use, or infringement of third-party rights.
11 Communication
All information and statements on our website will only be sent to the customer electronically, mainly via the dashboard or emailing the customer's provided email address. We will decide the method of communication for information or statements. We are not obligated to verify whether you have received this information or interpret it.
12 Changes to the GTC
We may unilaterally change these terms of use and post the latest version on our website anytime. Changes will be posted on this website. We are not obligated to inform you separately about the changes. It is your responsibility to check for changes on this website regularly. If you continue to use our services after the changes, it indicates your acceptance.
13 Legal
These terms of use are governed by English law and interpreted according to English law.
14 Severability Clause
If any provision of these terms of use is invalid, the validity of the remaining provisions is not affected. They will be replaced by the most enforceable and valid provisions that reflect our intention as closely as possible.
Part 2 Risk Warning
Our services are related to cryptocurrencies and quantitative trading. Therefore, we would like to draw the customer's attention to the following facts: Various risks commonly associated with investments or arrangements in the cryptocurrency, quantitative trading, or cryptocurrency mining sector may arise. Specifically, there is always a risk of complete loss and risks associated with market volatility and algorithmic trading.
Part 3 Definitions
Our Website: The website where the company showcases and provides its information and services, which the customer or related parties or users can access to obtain information, register, enter into contracts, and manage (dashboard) in the case of existing registrations or contracts.
Dashboard Application: A graphical management platform for registered users of our website, accessible through the login process on our website.
Registration: The process by which you register as a customer on our website to use more services or be able to purchase more services (also used for sales).
Login Process: The process by which a user accesses the dashboard by entering user-related data (known only to the user).
Equipment: Hardware for quantitative trading of cryptocurrencies. It consists of multiple graphics cards, motherboards, power supplies, other components used for calculations, and advanced software and algorithms for quantitative trading. It is powered and connected to the trading system, calculating network transactions and trading decisions.
Wallet: An electronic wallet. This wallet or wallets store funds electronically.
Wallet Address: Your wallet's electronic address, typically consisting of a long string of characters.
Transaction Fees: Fees collected by the network or voluntarily incurred for executing or confirming certain transactions (i.e., transfers or records). Transaction fees may also be used to pay miner fees depending on the network.
Network Fees: Fees are applicable to transactions collected by the network.
Part 4 Service and Feature Description
Our Services
Our website provides information on its website to allow you to understand our offers. Our website offers services for using computational power (Maxxihash) or storage space (Plots) for specific purposes for a certain period. In the process, we provide all technical equipment, operate it comprehensively, and distribute the generated surplus to customers. Distribution is based on the booked performance or reserved storage space proportion.
Quantitative Trading Services
We offer quantitative trading services that utilize advanced software and algorithms to trade cryptocurrencies on your behalf. These services aim to maximize trading profits and manage risk through algorithmic trading strategies.
Registration
Interested parties can submit applications to become customers using their email address and secure password or their Google account for login. The access authorization chosen (email with a password or Google account) must also be used for subsequent logins. We confirm your application by activating your account.
Service Selection
The dashboard displays the available services that you can order from us. The indicated quantity is the maximum quantity you can purchase. You select the desired quantity, duration (if applicable), and payment type. The price to be paid for this is displayed.
Display of Your Contracts
We display your existing contracts in the dashboard. You can find contact data such as terms, quantity, current status, and possible payments there. The list above is not exhaustive and complete. We reserve the right to display more detailed information for you or, based on our reasonable judgment or technical requirements, send you other displays, such as via email. We do not guarantee that the dashboard display always works correctly.
Payouts
Before you can deposit withdrawals into your wallet, you need to provide us with your wallet address in the dashboard so we know where to send the withdrawal. The currency you can specify is displayed in the dashboard. Unless otherwise specified, we require a wallet maintained in the currency for any cryptocurrency withdrawal. If the minimum requirements are met, you can request a withdrawal. The minimum requirements are displayed in the dashboard and depend on whether the payment to your wallet appears economical, as any payment may also incur transaction or network fees. You can let us decide what looks more economical. We will use reasonable discretion to determine the amount paid to you. We deduct any applicable transaction fees or network fees from the amount due. We initiate requested withdrawals at least once a day. This will be automated. We do not influence the timing of payments in the network.
Similarly, we cannot influence changes in the value of the payment you request relative to the US dollar. The value of cryptocurrencies is constantly fluctuating. You acknowledge that we are not liable for any such value changes or responsible for any adverse developments.
Referral Program
Our website may offer referral programs that reward registered users for promotional activities. This offer is not limited to a specific time frame.
Commencement of Contract Execution
Specifically, services will commence after the payment confirmation of the order is received. Orders that are not paid for will not be placed.
Termination of the Contract
No further surplus is generated for contracts that have yet to be paid for. We will continue to operate the technical equipment. Additionally, we are not liable for equipment that no longer creates a surplus for the customer. This is because the equipment's technical performance is provided per the manufacturer's performance specifications. The contract will only continue until its term expires. Except for continuing payments, the contract will not automatically renew. Terminating or canceling the contract will immediately result in us ceasing the operation of the equipment and redistributing the remaining surplus according to the distribution mechanism.
Subsidiary or Additional Agreements
For the contract, additional or subsidiary agreements are not applicable unless expressly agreed upon. If you have any questions regarding your contractual relationship with us, you can always contact us. Please get in touch with us in writing to do so. Contact information is provided on the website.
Supplementary Offer
We reserve the right to make supplementary offers or receive corresponding requests.
Please note that this is a terms and conditions template with added sections relating to cryptocurrency services and quantitative trading. You should consult a legal professional to ensure that these terms align with your specific business model and comply with your jurisdiction's relevant laws and regulations.