ItsMiner Conditions of use

1.1 ItsMiner reserves the right to change or modify the terms of this Agreement at any time at its sole discretion. It is your responsibility to periodically review this Agreement for the latest changes. Any changes or modifications to this Agreement shall take effect once it is published on the ItsMiner Website (unless the effective time is otherwise prescribed). You agree that by using the ItsMiner and/or visiting the ItsMiner Website following any changes to this Agreement, you agree to accept such changes.

1.2 If you have any objections to the changes to this Agreement or if you are dissatisfied with the ItsMiner and/or the ItsMiner Website, you should immediately: (1) stop using the ItsMiner and visiting the ItsMiner Website; and (2) inform ItsMiner through client service channel to stop providing service to you. You agree that once the service is terminated, the User's right to use the ItsMiner is terminated immediately.

2.1 You hereby represent and warrant ItsMiner as follows, which representations and warranties will be deemed repeated each time you use the ItsMiner and/or visit the ItsMiner Website:

• if you are a natural person: you are at least 18 years old and have full civil capacity;
• if you are an entity: you are duly organized and validly existing under the laws of the jurisdiction of your organization or incorporation and, if relevant under such laws, in good standing;
• your use of the ItsMiner complies with the applicable laws and regulations in your country/region, and your use of the ItsMiner does not violate your obligations to any third party;
• you have the requisite power to use the ItsMiner and perform your corresponding obligations, and the Agreement and the corresponding purchase order(s) are valid and binding on you.

2.2 When providing the registration data and information (the "Registration Information"), you hereby agree that:

• you will provide legal, truthful, accurate and complete Registration Information;
• you will timely notify ItsMiner if there is any change to the Registration Information provided by you; if the Registration Information provided by you is illegal, untrue, inaccurate or incomplete, you shall bear all the corresponding responsibilities and consequences;
• ItsMiner reserves the right to impose certain restrictions on your account and/or suspend or terminate your use of the ItsMiner based on the Registration Information provided by you to ItsMiner in accordance with ItsMiner's compliance obligations and internal risk control policy;
• Unless obtained express written consent from ItsMiner, you shall only register for one account at ItsMiner;
• For compliance purposes such as KYC ("know your customer") and/or anti-money laundering, ItsMiner reserves the right to request you to provide ItsMiner with your personally identifiable information and/or financial information; and
• You will be required to enter your username and password when using certain features of ItsMiner. If you are unable to access your account for reasons such as you forget the password, ItsMiner reserves the right to request specific information from you, including but not limited proof of identity; proof of residence; telephone number /Email proof and web browsing history collected from you, etc.; however, you hereby agree that you will not share your username and/or password with any third party or allow any third party to access your account. ItsMiner is not responsible for any consequences and losses caused by your improper use of your account and/or password or any third party's use of your account and/or password.
• If you believe that your username and/or password are known to any third party or that your account has been accessed by any third party, you should notify ItsMiner immediately. If you fail to keep confidential your account information which results in your ItsMiner account being used by others, you are liable for compensation for any loss suffered by ItsMiner or other uses of the ItsMiner arising from your failure.
• the ItsMiner collects the necessary personal information and operational data in the course of providing services to you. By using the ItsMiner, you agree to our processing of your information in accordance with the Privacy Policy for ItsMiner. If you do not agree to our processing of your information in the manner set forth in the Privacy Policy for ItsMiner, please do not provide your information when ItsMiner asked for collecting your personal information and cease to use the ItsMiner upon a request for information made to you.

4.1 If the ItsMiner needs to be downloaded or includes downloadable software, the software may be automatically updated on your device when new versions or new features are launched. Some service updates may require you to adjust the automatic update settings on your device.

4.2 On the condition that you agree to this Agreement, ItsMiner hereby grants you a royalty-free, non-transferable, non-exclusive global personal license that allows you to use the ItsMiner. The purpose of this license is only to enable you to use the ItsMiner in the manner permitted by this Agreement. You shall not copy, modify, distribute, sell, or rent any part of our services or any part of the software contained in the services, nor shall you reverse engineer or attempt to extract the source code of the software, unless you have obtained our prior written permission.

5.1 All payments are not reversible. You are responsible for keeping the track of your plans' expiration dates. We will, however, notify you before and after your plan.

5.2 All payments that conform to the order price are non-refundable.

5.3 Taxes are included in the subscription price.

7.1 ItsMiner is an online system which provides mining monitoring, operation and maintenance and related management services. You understand and acknowledge: ItsMiner does not make any promises or guarantees for your Mining revenue after using ItsMiner.

7.2 ItsMiner provides online technical support services, and 7*24 online support for specific projects.

8.1 You shall not use ItsMiner to engage in any activities that violate applicable laws and regulations. You should not use ItsMiner to:

• support, incite or participate in any terrorist activities;
• participate in any money laundering activities;
• fabricate or distort facts, spread rumors, and disrupt social order;
• promote or produce obscene, violent and/or terrorist content;
• infringe upon legitimate rights and interests of other entities;
• participate in any other activities that violate applicable laws and regulations.

8.2 You shall not attempt to illegally access, decode, or use any other illegal methods to gain unauthorized access to ItsMiner and/or ItsMiner Website.

8.3 You shall not violate any of the security mechanisms or authentication measures utilized by or linked to ItsMiner. You shall not probe, scan, or otherwise test for any network weaknesses of ItsMiner, nor launch any form of attack against it.

8.4 You agree to comply with all applicable laws and regulations, this Agreement and all rules and policies announced by ItsMiner from time to time regarding the use of the ItsMiner Website and ItsMiner.

8.5 You agree that you shall fully assume the relevant tax obligations arising from the use of the ItsMiner.

8.6 You agree and represent that you are using the ItsMiner only for your own benefit and that you are not using the ItsMiner on behalf of others or for the benefit of any third parties.

8.7 You agree to contact ItsMiner immediately if you find or suspect any fraud or misconduct by any third party using the ItsMiner.

8.8 Unless obtained prior written consent from ItsMiner, you may not register multiple accounts on the ItsMiner Website in any circumstances. You shall not register multiple accounts in order to obtain profits, rewards or coupons

8.9 You should not participate in any activities that may affect the ItsMiner and/or the security of the ItsMiner Website.

8.10 You shall not use any method (such as Proxy, Tor, VPN, etc.) to block your Internet traffic and IP addresses or use other technical services that may hide the user's real Internet connection.

8.11 Intellectual property rights of any content displayed on the ItsMiner Website, including but not limited to articles, pictures, news, materials, website structure, website layout, website design, unless otherwise specified, are entirely owned by ItsMiner or ItsMiner's licensor (if any). The User shall respect the intellectual property rights of ItsMiner and ItsMiner's licensor (if any).

8.12 The User shall neither engage in any activities in the name of ItsMiner nor use the information/data on the ItsMiner Website without prior written authorization from ItsMiner. The User shall not, under any circumstance, sell, rent, or maliciously modify the ItsMiner Mining Management Platform System.

8.13 You hereby represent and warrant that your use of the ItsMiner will not negatively affect ItsMiner's reputation or cause ItsMiner to assume legal responsibility or other penalties, fines, and sanctions.

8.14 Before using the ItsMiner, please confirm that your use of the ItsMiner is legal in your country/region. All legal risks and liabilities caused by or arising from the fact that it is illegal to use the ItsMiner shall be entirely borne by you.

8.15 If the User violates any provisions of this Section 6, ItsMiner shall have the right to immediately suspend or terminate the service provided to the User, and ItsMiner shall have the right to take all necessary legal means within the scope permitted by the applicable laws and regulations.

9.1 For any violation of this Agreement by the User (including but not limited to: the User uses the ItsMiner to engage in any illegal activities, the User's use of the ItsMiner is illegal in the User's country/region, the User's attack or malicious modification of the ItsMiner causing losses to ItsMiner, etc.), ItsMiner has the right to immediately suspend or terminate the provision of services to the User and take all necessary legal measures within the scope permitted by applicable laws and regulations, including but not limited to requiring the User to compensate ItsMiner for related losses.

9.2 If ItsMiner reasonably suspects that the User uses the ItsMiner in an illegal, fraudulent, or other improper manner, ItsMiner shall have the right to suspend the provision of the services to the User until the User can provide proof of compliance to ItsMiner's satisfaction.

10.1 You understand and agree: ItsMiner provides you with mining monitoring, operation and maintenance and related management services of charge, ItsMiner does not guarantee that the services are 100% stable and safe. ItsMiner will not be responsible for the loss caused by you due to false alerts and failure of the ItsMiner or due to failure of your Mining hardware or equipment due to the use of the ItsMiner. Further, ItsMiner does not guarantee that using the ItsMiner will increase your Mining revenue.

10.2 ItsMiner shall not be liable for service suspension or termination occurring by reason of circumstances beyond its control, including but not limited to war (declared or undeclared), terrorist activities, acts of sabotage, hacker attacks, blockade, fire, lightning, acts of God, national strikes, riots, insurrections, civil commotions, quarantine restrictions, epidemics, earthquakes, floods, hurricanes, explosions and regulatory and administrative actions or delays. In the event of such force majeure, ItsMiner shall have no liability caused by or incidental to such force majeure.

10.3 The User agrees that any third-party links provided by ItsMiner are for convenience and reference only. ItsMiner's provision of these third-party links does not mean that it confirms these links and the content displayed on these links. Since these third-party links are not controlled by ItsMiner, ItsMiner cannot guarantee that the User's access to such links is safe and virus-free. ItsMiner is not responsible for any loss caused by the User's accessing such third-party links and any other third-party links not controlled by ItsMiner.

10.4 The User hereby understands and agrees: unless it is expressly agreed in writing by ItsMiner in advance, under no circumstances shall ItsMiner be liable for the following events and the User's losses due to the following events:

• damage to mining hardware or equipment;
• loss of Mining revenue;
• service interruption;
• damage or loss of information/data;
• the computing power is extinct or withdrawn from the market;
• implementation or change of laws, regulations and policy;
• loss caused by the User's fault or violation of this Agreement (including but not limited to providing inaccurate information to ItsMiner, leaking password to third parties, etc.);
• other events not controlled by ItsMiner.

10.5 You agree and accept that: without duplication of any other rights to recovery or indemnity set forth in this Agreement, you shall indemnify and defend Company against, and shall hold Company harmless from, any loss, liability, claim, action, suit, or expense (collectively, "Losses", including reasonable attorney's fee) caused by or resulting from your breach of this Agreement. In no event shall Company, its affiliates, or any of their respective officers, directors, agents, employees or representatives, be liable to you or any third party for any special, incidental, indirect, or consequential damages or damages for loss of profits arising out of or in connection with this Agreement.

11.1 Waiver: no delay or omission as to the exercise of any right or power accruing upon any default by the User shall impair Company's exercise of any right or power or shall be construed to be a waiver of any default or acquiescence therein.

11.2 Severability: Should any provision of this Agreement be determined to be illegal or unenforceable, such determination shall not affect the remaining provisions of this Agreement.

11.3 Governing Law: This Agreement shall be governed in all respects by Hong Kong law without regard to conflicts of law principles.

11.4 Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall first be resolved through friendly negotiation between the parties. If the negotiation fails, either party has the right to submit the dispute to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in Hong Kong in accordance with the then effective arbitration rules of HKIAC. The arbitration proceedings shall be conducted in Chinese. The arbitral award is final and binding on both parties. Unless the arbitral award is otherwise determined, the arbitration fee shall be borne by the losing party. The losing party shall also compensate the winning party's legal fees and other expenses.