2022/03/12
Please read these Terms of Use and the Risk Disclosure Statement carefully. By accessing or using any service made available by us, you agree to be legally bound by these Terms of Use (including the Fee Structure and Risk Disclosure Statement), the Privacy Policy and all terms incorporated by reference in the foregoing.
We, TCM INVEST LIMITED (hereinafter referred to as “Terawulf mining company”, “we” or “us”), summarize below our Terms of Use to give an overview of the key terms that apply to your use of our website and trading services. While we hope this summary section is helpful, you must read the complete Terms of Use below since they provide important information about our services, our respective legal rights and obligations, and the risks involved in trading in cryptographic tokens.
Terawulf mining company provides you with a simple and convenient way to rent Mining Hardware and mine Digital Tokens (Cryptocurrency).
You must meet certain eligibility criteria to use Terawulf mining company’s services. You must be at least 18 years of age and there are certain locations from which you may not be able to use some or all of Terawulf mining company’s services. Other eligibility criteria may also apply. Additionally, there are certain things you cannot do when using Terawulf mining company’s services, such as engage in market misconduct or illegal activities, lie, or do anything that would cause damage to our services or systems. Please see section below on “Acceptable Use” for more details.
Engaging in trades, mining or/and holding cryptographic tokens may be highly risky. Please do not use Terawulf mining company’s services for miningDigital Tokens if you do not understand these risks.
There are important legal terms provided below in the complete Terms of Use, including your indemnification responsibilities, our limitation of liability and warranty disclaimers, and your agreement to arbitrate disputes. Please take the time to read these terms carefully. You can always contact us through Terawulf mining company Help Center if you have any questions.
These Terms of Use and any terms expressly incorporated herein (“Terms”) apply to your use of the website operated and maintained by Terawulf mining company (collectively, “Terawulf mining company”, “we”, or “us”), and the mining services provided by Terawulf mining company as described in these Terms (collectively, our “Services”).
1.1. “External Account” means any Digital Token Account: (I) from which you may transfer Funds into your Terawulf mining company Account, and (II) to which you may transfer Funds from your Terawulf mining company Account and which has been approved by Terawulf mining company for the foregoing purposes.
1.2. “Funds” means Digital Tokens.
1.3. “Fiat Currency” means any national currency.
1.4 “Terawulf mining company Account” means a user account accessible via the Services where Funds may be stored by Terawulf mining company on behalf of a user.
1.5. “Digital Tokens” means Bitcoins and other digital mediums of exchange that may be purchased, sold or traded via the Services.
1.6. “Digital Token Account” means any Digital Token address or account owned or operated by you that is maintained outside of the Services, and is not owned, controlled or operated by Terawulf mining company .
1.7. A reference to "Cryptocurrency", "Cryptocurrencies" is a reference to the distributed, decentralized peer-to- peer digital currencies:
1.7.1. "Bitcoins" is a reference to a Cryptocurrency known as Bitcoin;
1.7.2. "Altcoins" is a reference to all Cryptocurrencies other than Bitcoin, such as Litecoin;
1.8. "Miners" are individuals who register to mine Bitcoins and/or Altcoins with a Cloud Machine. If you successfully apply to administer a Cloud Machine, you will be a Miner;
1.9. "Mining Pool" is an organized association of Cryptocurrencies miners. The members of these associations work together to mine Cryptocurrencies and those Cryptocurrencies are distributed amongst the membership based on the contribution made to the mining by each member;
1.10. the "Mining Hardware" is the computer hardware, not owned but used as a source of mining efficiency and costs calculation by Terawulf mining company ;
1.11. "Hashrate" or "Hash rate" is the mining power of the Mining Hardware used to mine Cryptocurrencies. Hashrate is mining algorithm specific (SHA-256, Scrypt, X11 etc);
1.12. "Cloud Machine" is the virtual mining power of the Service purchased by a Miner and administered by a Miner using the Website. “Cloud Machine” is a derivative of a real mining machine;
1.13. "Service" is Terawulf mining company contract, which enables individuals to virtually mine Cryptocurrencies for themselves. Terawulf mining company contract performance is deriving from Mining Hardware efficiency and costs. Terawulf mining company “Service” in no way should be considered as a purchase of real mining equipment;
1.14. the "Support" or "Customer Support" or "Helpdesk" is the technical support service of Terawulf mining company that is provided via email/ticket system, available in the Terawulf mining company knowledge base/FAQ, where Customers can find answers to general questions and request assistance by submitting a request;
1.15. the "Panel" is the graphical user interface of the Service, with which the Miner interacts to perform all actions related to the Service;
1.16. the "Website" is Terawulf mining company.COM and any apps, software, emails or other websites which we use to provide the services of Terawulf mining company.COM (which includes the Service);
1.17. a "Payout" is the periodic deposit to your Balance, dependent on your Cloud Machine. Terawulf mining company may change the periodicity of Payouts at any time, to a maximum of once per 24 hours;
1.18. "Fees" are maintenance and electricity fees, charged daily from the Balance;
1.19. "Account" is your personal access to the Service, described further in section 6;
1.20. "Balance" is your personal Account balance;
1.21. a "Contract" is the access to a Cloud Machine of specific Hash rate;
1.22. a "Contract Term" is the period of time for which a Miner has agreed to pay to administer a Cloud Machine, by default, Terawulf mining company provides lifetime Contracts that do not have an expiry date, unless stated otherwse;
1.23. "Hold" is the state an Account can be placed in that prevents the said Account to make any withdrawals, used as a security measure;
1.24. a "Pre-order" is a Contract with a start date in the future. Start date is estimated and is subject to change;
1.25. the "Referral Program" or "Partner Program" is the functionality that allows a Customer to receive financial rewards for Contracts purchased by other Customers;
1.26. a "Referral Code" is an alphanumerical sequence (at least 6 characters long) that is linked to a Customer's Account;
1.27. "Referral Link" is the URL with a Referral Code, that allows a new Customer to register with Terawulf mining company;
1.28. "Referral" is a Customer who registered by using another Customer's Referral Link;
1.29. a "Referrer" is a Customer who had another Customer register using their Referral Link;
1.30. a "Referral Purchase" or "Referred Purchase" is a purchase made by a Referral;
1.31. a "Referral Bonus" is the reward a Referrer receives for a Referral Purchase;
1.32. an "Affiliate Network" is a third-party website that allows any person (with or without a Terawulf mining company Account) to receive financial rewards for Terawulf mining company Contracts purchased by referred Customers.
2.1. Terawulf mining company may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain jurisdictions (“Restricted Locations”).
2.2. You further represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended or removed from using our Services or other similar services provided by other parties; (c) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; (d) using our platform in your own name and solely for your own benefit; (e) are not located in, under the jurisdiction of, or a national or resident of any Restricted Locations (as defined in Section 2.1 above); (f) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms; (g) are not a designated person under regulations issued pursuant to the lists of individuals or entities identified by the Security Council of the United Nations or the Committee as individuals or entities to whom or which apply the measures referred to in paragraph 8(d) of Resolution 1718 (2006)(including any such list as updated from time to time by the Security Council or the Committee, and made available on the Internet through the official United Nations website at http://www.un.org/) ; and (h) have read and understood these Terms and the Risk Disclosure Statement.
2.3. Terawulf mining company maintains an anti-money laundering, countering the financing of terrorism and know your customer compliance policy (the “AML/CFT Policy”). Pursuant to such policy, Terawulf mining company may, in its discretion, require identity verification and go through other screening procedures with respect to you or transactions associated with your Terawulf mining company Account. You agree and undertake to provide Terawulf mining company with any and all information and documents that Terawulf mining company may from time to time request or require for the purposes of these Terms or in connection with your Terawulf mining company Account (including, but not limited to, your name, address, telephone number, email address, date of birth, government-issued identification number, photograph of your government-issued identity card or document or other photographic proof of your identity, and information regarding your Digital Token Account). Terawulf mining company will have no liability or responsibility for any permanent or temporary inability to access or use any Services as a result of any identity verification or other screening procedures.
2.4. Further, pursuant to the AML/CFT Policy, Terawulf mining company may, in its discretion, carry out continuous monitoring of all Terawulf mining company Accounts. If any unusually large or unusual patterns of trades or any inexplicable or suspicious circumstances are observed, Terawulf mining company may, in its discretion, place an administrative hold on or freeze your Terawulf mining company Account. You agree that Terawulf mining company will have no liability or responsibility for any permanent or temporary inability to access or use any Service caused by such action.
2.5. Additionally, by agreeing to these terms you certify that you pursue participation in blockchain-based networks as a part of your professional activity and are familiar with digital tokens or cryptographic tokens and the risks attached to them and their trading, including but not limited to the risks highlighted in the Risk Disclosure Statement.
3.1. Number of Terawulf mining company Accounts.
Terawulf mining company may, in its sole discretion, limit the number of Terawulf mining company Accounts that you may hold, maintain or acquire.
3.2. Terawulf mining company Account information and security.
In order to engage in any activities via the Services, you must create a Terawulf mining company Account and provide any requested information. When you create a Terawulf mining company Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate, complete and truthful information; (c) maintain and promptly update your Terawulf mining company Account information; (d) maintain the security of your Terawulf mining company Account by protecting your password and restricting access to your Terawulf mining company Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Terawulf mining company Account; and (f) take responsibility for all activities that occur under your Terawulf mining company Account and accept all risks of any authorized or unauthorized access to your Terawulf mining company Account, to the maximum extent permitted by law.
3.3. You are solely responsible for doing all things and taking all actions necessary to monitor and secure your Terawulf mining company Account, and to enable or receive financial or other benefits made available to Digital Token Miners.
3.4. You must not create security or any other collateral interest over the Funds in your Terawulf mining company Account except with our prior written consent.
Please refer to our Privacy Policy for information about how we collect, use and disclose your personal data.
This Section 5 applies to: (I) all operations completed via the Services, and (II) any transaction in which you transfer Funds into your Terawulf mining company Account from your External Account or transfer Funds from your Terawulf mining company Account into an External Account.
5.1. Conditions and Restrictions.
We may, at any time and in our sole discretion, refuse any transactions submitted via the Services, impose limits on the transaction amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services without prior notice. For example, we may limit the number of rented mining capacities that you may lease via the Services or we may restrict operations from certain locations.
5.2. Accuracy of Information.
You must provide any information required when creating a Terawulf mining company Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete.
5.3. Taxes.
It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Terawulf mining company is not responsible for determining whether taxes apply to your investment or for collecting, reporting, withholding or remitting any taxes arising from any trades/operations.
5.4. Compliance with all applicable laws and regulations.
You represent, warrant and undertake that you have and shall at all times comply with all applicable laws and regulations in all jurisdictions relevant to any Service provided or made available by us to you.
Please refer to the Risk Disclosure Statement.
7.1. You must not mine, buy, sell, exchange, hold, own or otherwise use or exploit Cryptocurrencies in any way which is prohibited by the laws or regulations which apply to you.
7.2. Cryptocurrencies may not be appropriate for everyone. Before mining any Cryptocurrencies you should learn about them to ensure that they are appropriate for you. Like all currencies, there are disadvantages to using Cryptocurrencies. Some of the risks particular to Cryptocurrencies include:
7.2.1. currency fluctuation - the price of Bitcoin and/or any other Cryptocurrency may fall sharply and may even fall to zero;
7.2.2. transactions with Cryptocurrencies may be unconfirmed for a period of time. Although very unlikely, some Cryptocurrency transactions may never be confirmed - Cryptocurrency transactions which are unconfirmed are not completed;
7.2.3. transactions with Cryptocurrencies are irreversible - if you send any amount of any Cryptocurrency to the wrong person, you may be unable to recover those funds;
7.2.4. Cryptocurrencies may be lost if you lose or forget any PINs or passwords necessary to access and spend those Cryptocurrencies;
7.2.5. unknown technical defects inherent in Cryptocurrencies; and
7.2.6. new regulation which impacts the use of Cryptocurrencies.
7.3. By agreeing to these terms of service or by mining Cryptocurrencies by using the Service, you are indicating that you understand, are capable of understanding and accept the risks associated with Cryptocurrencies.
8.1. By applying to register, you are making an offer to enter an agreement on these terms of use. Once submitted, you may not withdraw your offer.
8.2. Only we can decide whether applications will be accepted. If your application is accepted, a legal and enforceable agreement will be entered between you and us. Subject to any statutory rights you may have, you may not cancel the agreement covered by these terms of service and you will not be eligible for any refund.
9.1. These Terms of Service are valid indefinitely, even after Account termination.
9.2. The Contract Term for Terawulf mining company.COM Cloud Machines is unlimited by default, unless stated otherwise. The Contract is valid while profitable, until expired or until terminated, whichever comes first.
9.3. Contracts with a stated expiry date will end on the date of expiry.
9.4. The Mining process continues until said mining is profitable. This means the Mining process will stop if the Maintenance and Electricity Fees will become larger than the Payout. If mining remains unprofitable for 21 consecutive days the Service is permanently terminated (Hashrate type specific). During the consecutive 21 day period, Payouts and Fees will also be temporarily stopped. If during the suspension period, the Contract- related mining factors (such as the exchange rate and mining difficulty) that are outside of Terawulf mining company's control will change favorably, making mining profitable again, the Service will be unsuspended and contracts reactivated.
10.1. Amount of Fees.
You agree to pay the fees for trades completed via our Services (“Fees”) as made available via the Fee Structure, which we may change from time to time. Changes to the Fee Structure are effective as of the effective date indicated in the posting of the revised Fee Structure to the Services, and will apply prospectively to any trades that take place following the effective date of such revised Fee Structure.
10.2. Third-Party Fees.
In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.
10.3. Payment of Fees.
You authorize us, or our designated payment processor, to charge or deduct your Terawulf mining company Account Funds for any applicable Fees owed in connection with transactions you complete via the Services.
*Fees are non-refundable.
11.1. Consent to Electronic Delivery.
11.2. Hardware and Software Requirements.
In order to access and retain electronic Communications, you will need a computer with an Internet connection that has a current web browser with cookies enabled and 128-bit encryption. You will also need to have a valid email address on file with Terawulf mining company and have sufficient storage space to save past Communications or an installed printer to print them.
11.3. Withdrawal of Consent.
You may withdraw your consent to receive electronic Communications by contacting Terawulf mining company Help Center. If you decline or withdraw consent to receive electronic Communications, Terawulf mining company may suspend or terminate your use of the Services.
11.4. Updating Contact Information.
It is your responsibility to keep your email address on file with Terawulf mining company up to date so that Terawulf mining company can communicate with you electronically. You understand and agree that if Terawulf mining company sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Terawulf mining company will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Terawulf mining company to your email address book so that you will be able to receive the Communications we send to you. You can update your email address at any time by logging into your Terawulf mining company Account or by contacting Terawulf mining company Help Center. If your email address becomes invalid such that electronic Communications sent to you by Terawulf mining company are returned, Terawulf mining company may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a valid, working email address from you. We shall not be liable for any failure of communication (for any reason).
If for any reason Terawulf mining company is holding Funds in your Terawulf mining company Account, such Funds remain unclaimed, and Terawulf mining company is unable to return your Funds to your designated External Account after a period of three years after your last login to Terawulf mining company or any specified period notified by us, and Terawulf mining company determines in good faith that it is not able to trace you, you agree that all such Funds shall be deemed to have been abandoned by you in favour of Terawulf mining company and may be appropriated by Terawulf mining company to and for itself, and you thereafter shall have no right to claim such Funds.
If Terawulf mining company receives notice that any Digital Tokens held in your Terawulf mining company Account are alleged to have been stolen or otherwise are not lawfully possessed by you, Terawulf mining company may, but has no obligation to, place an administrative hold on or freeze the affected Digital Tokens or your Terawulf mining company Account. If Terawulf mining company does place an administrative hold on or freeze some or all of your Digital Tokens, Terawulf mining company may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Terawulf mining company has been provided to Terawulf mining company in a form acceptable to Terawulf mining company . Terawulf mining company will not involve itself in any such dispute or the resolution of the dispute. You agree that Terawulf mining company will have no liability or responsibility for any losses, damages or prejudice arising from or in connection with such hold or freeze, or for your inability to withdraw Digital Tokens or execute trades during the period of any such hold or freeze.
13.1. When accessing or using the Services, you agree that you will not violate any law or any contractual, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services or bring disrepute to our Services in any manner;
Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; market manipulation or abuse (including but not limited to your taking actions, or acting in concert with another user to take actions, on or outside the Services, which are intended to deceive or mislead other users, or artificially control or manipulate the price or trading volume of a Digital Token); money-laundering; or terrorist activities; or other illegal activities;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
Introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
Develop any third-party applications that interact with our Services without our prior written consent;
Provide false, inaccurate, or misleading information;
Encourage or induce any third party to engage in any of the activities prohibited under this section.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, and ideas or other information or materials regarding Terawulf mining company or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”). Any Feedback you submit is non-confidential and shall become the sole property of Terawulf mining company . We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. You also acknowledge and agree that we have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our website.
15.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Terawulf mining company or Terawulf mining company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Terawulf mining company Materials”) are the proprietary property of Terawulf mining company or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
15.2. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Terawulf mining company Materials for your personal use. Such license is subject to these Terms and does not permit (a) any resale of the Terawulf mining company Materials; (b) the distribution, public performance or public display of any Terawulf mining company Materials; (c) modifying or otherwise making any derivative uses of the Terawulf mining company Materials, or any portion thereof; or (d) any use of the Terawulf mining company Materials other than for their intended purposes. The license granted under this section will automatically terminate if we suspend or terminate your access to the Services.
In the event of any Force Majeure Event (as defined in Section 21.6.), breach of these Terms or any laws or regulations, or any other event that would make provision of the Services commercially unreasonable for Terawulf mining company , we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services and/or as may be required by applicable laws, file a suspicious transaction report with the relevant authorities or otherwise report or inform the relevant authorities or take any other steps to protect Terawulf mining company's interests as Terawulf mining company deems appropriate. We may also terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Terawulf mining company Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of discontinuation of all Services or termination of your access to the Services or deletion or deactivation of your Terawulf mining company Account: Terawulf mining company will, where possible, return any Funds stored in your Terawulf mining company Account not otherwise owed to Terawulf mining company and/or will use commercially reasonable efforts to provide you with a period of 90 days to transfer affected Digital Tokens from your Terawulf mining company Account, unless prohibited by applicable laws or regulations or by order of law enforcement or governmental authority, or Terawulf mining company believes you have committed fraud, negligence or other misconduct; and/or Terawulf mining company may take such other steps as Terawulf mining company deems necessary or desirable to protect its own interests. We are not and shall not be responsible or liable for any loss or damages incurred as a result of or arising from any actions taken under this section.
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of our Services, which may include but is not limited to suspending mining or ceasing to offer Services in respect of any of the Digital Tokens or prohibiting use of the Services in or from certain jurisdictions.
Unless Terawulf mining company notifies you or makes a public statement to the contrary, Terawulf mining company does not support related side chains or other Underlying Technology of Digital Tokens that are based on a fork, enhancement, or derivative of a different Digital Token or the software, networks, protocols, systems and other technology (including, if applicable, any blockchain) used to administer, create, issue, transfer, cancel, use or transact in any Digital Token (“Derivative Protocols").
18.1. Except as expressly provided to the contrary in a writing by us, our services are provided on an “As is” and “As available” basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our services, including the information, content and materials contained therein, to the fullest extent permitted by applicable laws.
18.2. You acknowledge that information you store or transfer through our services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters including third party Distributed Denial of Service attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services.
18.3. We give no other warranty in connection with the Website or the Service and we disclaim all liability for:
18.3.1. to the extent allowed by these Terms and without affecting any other clauses within Section 18, that may apply, accuracy, currency or validity of information and material contained within and/or provided by the Website, the Panel, the Support Service, in email newsletters and social media. You hereby agree, that no radio, 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;
18.3.2. any change in the exchange rate of Bitcoins or any other Cryptocurrency;
18.3.3. any change in the difficulty of mining;
18.3.4. any changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
18.3.5. any interruptions to or error of the Website or the Service or other communications network;
18.3.6. the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Website or the Service;
18.3.7. the availability, quality, content or nature of External Sites;
18.3.8. 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 User Content; and
18.3.9. all representations, warranties, conditions and other terms and conditions which, but for this notice, would have effect.
18.4. We 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.
18.5. 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.
18.6. 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:
18.6.1. special damage even though that party was aware of the circumstances in which such special damage could arise;
18.6.2. loss of anticipated savings;
18.6.3. loss of business opportunity and management time;
18.6.4. loss of goodwill;
18.6.5. loss of Cryptocurrency arising as a result of any of your acts or omissions of those of any third party;
18.6.5.1. loss arising out of or in connection with:
18.6.5.2. any defect or insecurity in any systems you use to store or transmit Cryptocurrency or to access or use the Website or the Service ;
18.6.5.3. any inaccurate or incomplete information you provide, including Cryptocurrency wallet addresses;
18.6.5.4. any changes to the amount of Cryptocurrency awarded to Miners;
18.6.5.5. any changes to the regulatory, legislative or technical environment applicable to Cryptocurrencies;
18.6.5.6. the acts or omissions of any bank or provider of banking services; or
18.6.5.7. any change in the value of Cryptocurrency howsoever arising (including as a result of the acts or omissions of Terawulf mining company).
18.7. 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.
18.8. You agree not to use the Website or the Service in any way which:
18.8.1. is unlawful;
18.8.2. may give rise to civil or criminal liability for Terawulf mining company; or
18.8.3. may bring Terawulf mining company into disrepute.
18.9. You hereby agree 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:
18.9.1. any fraud or fraudulent misrepresentation you commit;
18.9.2. any inaccuracy or defect of any of the information you have provided to us;
18.9.3. any breach of applicable law or regulation you commit;
18.9.4. any other person’s use of your Account;
18.9.5. any breach by you of these terms of service; and
18.9.6. third party claims arising from your use of the Website or the Service, any of Your Content or any use of your Account (whether or not such use was by you).
8.10. You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
You agree to defend, indemnify and hold harmless Terawulf mining company (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms or any agreement incorporated by reference in these Terms; and/or (d) your violation of any rights of any other person or entity or of any laws and regulations including but not limited to anti-money laundering and countering the financing of terrorism laws and regulations. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
Please read the following paragraph carefully because it requires you to settle disputes with us and it limits the manner in which you can seek relief.
You and Terawulf mining company agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Terawulf mining company shall be sent to Terawulf mining company Support Center. You and Terawulf mining company further agree that you and Terawulf mining company shall spend not less than three (3) months on full communication, consultation or mediation before either party submits the disputes in question for litigation. If no settlement can be reached through consultation, the litigation shall be under the jurisdiction of the court located in the place where the plaintiff has his/her/its domicile.
These Terms shall be governed by and construed in accordance with English Common Law. The International Business Companies Act 1994 is the principal legislation that governs corporates in the Republic of Seychelles.
21.1. All invoices are issued in USD (United States dollar) by default. Payments performed in any other currency must account for the exchange rate of said currency to USD at the moment of invoice generation and any commissions for currency exchange.
21.2. A Customer is able to purchase a Contract using a variety of payment methods
21.3. A Customer has the right not to pay for the order in case the order has been created but not yet paid, if the Customer decides not to complete the order. The order will be expired after a given period of time (dependent on the payment method) and the Customer will not be obliged to proceed with the order. Terawulf mining company will not process requests to cancel unpaid orders, as it is intended the unpaid orders will be expired.
21.4. A Customer is solely responsible for the accuracy of payment, including but not limited to: the destination account, transferable amount and payment details:
21.4.1. If the transferred amount is below requested, Terawulf mining company reserves the right, at its sole discretion, to adjust the Contract accordingly to received funds or request the missing amount to be paid, before activating the Contract.
21.4.2. If the transferred amount is above requested, Terawulf mining company reserves the right, at its sole discretion, to adjust the Contract accordingly to received funds, add the excessive amount to Customer's Account Balance or return the excessive amount through the payment system the Customer has used to pay for the order initially.
21.4.3. If the Customer initiates the payment with incorrect/insufficient details and/or to the wrong destination account, Terawulf mining company will attempt, if possible, to process the order in a timely matter. If the destination address does not belong to Terawulf mining company (directly or via a third-party service) and/or is not related to Terawulf mining company in any way, Terawulf mining company will not be held responsible and will decline any claims.
21.4.4. Terawulf mining company is not obliged to proactively resolve payment related issues without a claim submitted by the Customer.
21.5. In case of payment related issues a claim must be raised:
21.5.1. A Customer has the right to raise a payment related claim/dispute by contacting support within 14 days from the creation of payment with proof of payment. Requests submitted after 14 days may not be processed.
21.5.2. Terawulf mining company reserves the right to request proof of payment, if there are suspicions or facts the payment was not received but the Contract was activated. The Customer is obliged to provide proof of payment within 14 days of reception of such request.
21.5.3. Proof of payment includes but is not limited to: order number, transaction ID or number, destination account, transferred amount, account statement from the payment system used.
21.5.4. Credit Card purchases may require proof of ownership of the payment method and an identification request.
21.5.5. If proof of payment is not provided within 14 days or provided proof is deemed insufficient and/or invalid:
21.5.5.1. if the claim was initiated by a Customer: Terawulf mining company reserves the right to decline Customer's claim(s);
21.5.5.2. if the claim was initiated by Terawulf mining company : Terawulf mining company reserves the right to adjust/cancel related Contracts and adjust Customer's Account Balance by amounts mined by related Contract.
21.6. Unless otherwise provided by law or by a particular offer, all purchases are final and non-refundable. Terawulf mining company reserves the right to issue refunds at Terawulf mining company'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.
21.7. In the case of a refund:
21.7.1 Customer will receive a reimbursement of spent funds to start the service, unless any funds were withdrawn from Customer's Account Balance. If any amount was successfully withdrawn from the Account Balance, no refund requests will be processed on said Account.
21.7.2. Terawulf mining company has the right to nullify or deduct any Hashrate and/or funds mined by the Hashrate of the refunded purchase from the Customer's Account Balance as well as any funds provided as a Referral Bonus for the refunded purchase from the Referrer's Account Balance.
21.7.3. Terawulf mining company is not obliged to reimburse any funds spent for the Maintenance and Electricity Fees.
21.1. Entire Agreement; Order of Precedence.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Terawulf mining company for the Services or for any other Terawulf mining company product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Terawulf mining company, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
21.2. Third Party Rights.
A person who is not a party to these Terms has no right to enforce any term of these Terms.
16.3 In case of unauthorized disclosure of the aforementioned information or any other violation of this confidentiality provision by the customer, the Company has the right to terminate the Agreement and to close the account without any prior notices and with immediate effect.
21.3. Amendment
We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of our website and/or by posting the amended Terms via the applicable Terawulf mining company website and updating the “Last Updated” date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after Terawulf mining company provides notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes become effective in accordance with these Terms. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
21.4. Waiver
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
21.5. Severability
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
21.6. Force Majeure Events
Terawulf mining company shall not be liable for (1) any inaccuracy, error, failure, delay in, or omission of (i) any information, (ii) the transmission or delivery of information, or (iii) carrying out its obligations under these Terms; (2) any loss or damage in any and all cases arising from any event beyond Terawulf mining company’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, terrorist attacks, market failure or disruption, telecommunications or network breakdown or disruption, communications, power failure, attacks on the security, integrity or operation of Digital Tokens, the Services and/or the Terawulf mining company Accounts and Funds held therein, or equipment or software malfunction or any other cause beyond KuCoin’s reasonable control (each, a “Force Majeure Event”).
21.7. Assignment
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Terawulf mining company , including by operation of law or in connection with any change of control. Terawulf mining company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
21.8. Headings
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
21.9. Governing language and translations
These Terms, the Privacy Policy, and other agreements or communications notified through the Services have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereof, the English language version of such documents shall govern and prevail.
THESE TERMS OF USE APPLY TO THE USE OF THE Terawulf mining company.COM CLOUD MINING SERVICE AND Terawulf mining company WEBSITE LOCATED AT Terawulf mining company.COM AND ITS SUBDOMAINS. THE WEBSITE AND THE SERVICE ARE THE PROPERTY OF TCM INVEST LIMITED.