as amended on March 5, 2018
The text of this Agreement for the use of the AGIO platform (hereinafter referred to as the "Agreement") is a public offer and a requirement to use the information and software resources of the Platform on the terms specified herein.
This Agreement is made in English. If any translation of this Agreement conflicts with its English version, the English version is given priority.
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE SERVICES DESCRIBED HEREIN.
The registration on the website www.agiocrypto.com and/or the beginning of using the Platform shall be a confirmation that the Terms and Conditions of this Agreement are fully read, accepted, and are binding for the User.
ATTENTION: If you do not agree with the Terms and Conditions of this Agreement and/or any of the clauses, and/or wording, and/or requirements, and/or rights, and/or obligations, do not use the website www.agiocrypto.com and do not register hereon.
The owner of the Platform, represented by a legal entity registered under the laws of Saint Vincent and the Grenadines – AGIO CRYPTO Ltd. (hereinafter referred to as the "Company"), reserves the right to modify the terms and conditions, add or remove terms contained in this Agreement, including, but not limited to, any policy or the guidelines of the website www.agiocrypto.com (hereinafter referred to as the "Website"), at its sole discretion. Notification of changes will be posted on the website www.agiocrypto.com or sent by email to the specified email addresses of the Users, or in any other way defined by the Company. The decision as to which notification format will be chosen shall be determined by the Company at its own discretion. The use of a certain form of notification in some cases does not oblige the Company to use the same form in other cases. Any changes or modifications shall come into effect immediately upon posting of these changes on the website, or at the time when the Company transfers the information to the Users (for example, by e-mail). These changes and modifications shall be applied to all current terms and conditions, and further use of the website shall be considered as acceptance of such changes or modifications. If you continue to use the website after the changes have been made to this Agreement – it shall be an actual confirmation that you agree to the relevant changes and modifications.
The User and the Company agree as follows:
Virtual server lease – a service of providing the User with the equipment (virtual server) which is located in specially equipped premises, on a technical site, providing its uninterrupted power supply and connection to the Internet, for installing the cryptocurrency mining.
The Internet – a worldwide information sharing system that is logically connected to the global address space and is based on the Internet Protocol defined by the international standards.
Equipment – a server, computer system, connection to which is provided via remote access for exchanging or obtaining information.
Traffic – the amount of data that pass through the server for a certain period of time.
Unauthorized access – actions of the Internet User aimed at obtaining unauthorized access to a resource, destruction or modification of software or data that do not belong to the User, without the consent of the administrator of this resource.
Cryptocurrency - the P2P payment system and digital currency that uses cryptography to create and transfer money. More detailed information about the cryptocurrency can be found on the website http://en.wikipedia.org/wiki/Cryptocurrency
Buyer - the one who acquires a Contract for cryptocurrency cloud mining on the Website (hereinafter, the "User", "You").
AGIO - a company AGIO CRYPTO LTD., which owns the Website www.agiocrypto.com and affiliated sites, as well as computer systems that produce the cryptocurrency, which offers Users the Contracts for cryptocurrency cloud mining.
Cryptocurrency Cloud Mining Contract - a right of ownership of the future cryptocurrency that will be produced via AGIO computer systems.
The date of purchase of the Contract - the date when the User acquires a Contract for cryptocurrency cloud mining through the online form on the Website, unless otherwise agreed between the Company and the Buyer in writing.
Rental period - the period from the date of conclusion of a Mining Contract until its expiration, unless otherwise agreed between the AGIO and the Buyer in writing.
Expiration of the Contract - termination of the Contract occurring if the profit of the Contract is less than the daily fee within 7 consecutive calendar days.
Daily fee - the fee charged to the Contract Buyer for contract servicing.
AGIO computer systems - software and hardware that is operated and maintained by the company AGIO for cryptocurrency mining.
Hashing - a mathematical process that involves different variables of information and converts them into shorter, fixed-length outputs. The hash function is characterized by two important features. Firstly, from the mathematical side, it is hard, having looked at the output, to determine what the initial input was. Secondly, even minimal changes in the input code will lead to an entirely different output.
Hash rate - a number of hashes that a miner can process over a certain period of time (usually per second).
Hash-level complexity - a unit of measure that shows how difficult it is to mine (to find) a hash in a new block. The mining of cryptocurrency has two main goals. The first is the addition of transactions to the cryptocurrency blockchain. The second is the creation of new coins.
Know Your Customer or KYC - a policy of financial institutions to identify a person and to establish the legitimacy of a Contractor before executing a financial transaction.
Mining - the process of obtaining the cryptocurrency by confirming transactions in a blockchain via solving cryptographic tasks using computer equipment.
Support or Technical support – the Customer Support Service provided by the company AGIO, where the User can find answers to common questions, and apply for necessary assistance by submitting a request.
Transaction – an agreement between the Buyer and AGIO on the acquisition of a Contract for cryptocurrency cloud mining at an agreed rate. The operation of transferring funds from one account to another, as well as a group of sequential database operations that represents a logical unit of work with data.
Contract Price - the price at which the Buyer agrees to enter into a Contract for cryptocurrency cloud mining.
Site - all Internet pages, sections located on the domain agiocrypto.com and its subdomains.
2.1. To access the use of the Platform, the User creates an account in the appropriate section, which is located at www.agiocrypto.com (hereinafter - the "Account").
2.2. When creating an Account, the User agrees:
2.2.1. To comply with and be responsible for violation of these Terms and Conditions;
2.2.2. To provide only accurate, up-to-date, and complete information when creating an Account;
2.2.3. To maintain and promptly update account information to keep it accurate, complete, and current;
2.2.4. To maintain the security and privacy of the User's credentials, and to restrict access to the User's account and computer;
2.2.5. To notify the Company immediately if the User discovers or otherwise suspects any security breaches related to the Platform;
2.2.6. To take responsibility for all activities that occur in the User’s account, and to accept all risks of unauthorized access.
2.3. The User guarantees that any information he/she provides via the Platform is true and up-to-date.
2.4. Regarding Users, the KYC (know your customer) policy is used, which is based on a comprehensive legal assessment and includes, but is not limited to, procedures such as the collection and analysis of basic User identification information; comparison of Users with lists of interested persons, such as publicly significant persons (PoliticallyExposedPersons); User risk evaluation in terms of propensity to legalize income, financial terrorism; management of expectations regarding User transactions, as well as transactions monitoring to prevent such behavior.
2.5. If the User believes that his/her account has been hacked, he/she must immediately notify the Company as soon as such an incident has occurred. The User is responsible for immediately notifying the Company of any unauthorized use of the password or account or any other breach of security.
2.6. The Company shall not be liable for any losses incurred by the User as a result of failure to comply with the instructions in this section or failure to follow or act in response to any notifications or warnings that the Company may send to the User.
3.1. When the User uses the Platform, the Company undertakes the following obligations:
3.1.1. To provide information and technical services for the cryptocurrency mining to the User, based on the selected tariff plan using the Company's equipment which is located on the technical site of the Company, by providing the User access to the Website and all the User functions available on the Website.
3.1.2. To make every effort to carry out the operation of its computer systems applying the hash rate, which was purchased by the Buyer for the cryptocurrency mining subject to the tariff plan.
3.1.3. To pay the User the cryptocurrency obtained by his mining contracts according to the level of hash complexity starting from the date of purchase of the tariff plan and until the expiration of the Contract.
3.1.4. To provide consulting services necessary for the operation of servers and equipment.
3.1.5. To keep a record of the mined cryptocurrency for the User.
3.1.6. To keep a record of all transactions and transfers of the User’s cryptocurrency carried out within the personal account on the Website, along with the provided credentials, as well as monitor questionable or suspicious transactions of any size and, if necessary, to inform the User via email
3.1.7. To take all reasonable measures to ensure the protection of equipment.
3.2. When using the Platform, the User undertakes the following obligations:
3.2.1. To pay the price to the Company subject to the selected tariff plan and fees stipulated by this Agreement and the selected tariff plan.
3.2.2. To verify the security of its email correspondence and to protect it from third-party access, since the Company shall not be liable for errors or failures in the security of your email or its hacking.
3.2.3. To use the Website www.agiocrypto.com only for its purpose and strictly within the Terms and Conditions, which the User automatically agrees with upon creating an Account on the Website.
3.2.4. Not to use directly or indirectly the Website www.agiocrypto.com or the Platform in general to commit illegal acts such as money laundering, financing of terrorism or to cause a failure in the Website operation.
3.2.5. Without prior written permission from the Company, not to collect any information about the Website or other Users.
3.2.6. Not to use anonymous networks such as TOR, to access the Website.
3.2.7. Not to copy the Website, parts of the Website, affiliated sites, and not to use the information about this Agreement, or information from the Website for purposes not stipulated in the Agreement, in the Terms and Conditions of the Website.
3.2.8. Not to send spam or distribute other materials via the Website without the written consent of the Company.
3.2.9. To keep a personal cryptocurrency wallet and to access it in privacy and safety.
3.2.10. To immediately notify the Platform if personal data of the User’s cryptocurrency wallet has been changed, as well as about other changes, losses, fraudulent or suspicious activities with the cryptocurrency wallet or any other transactions.
3.2.11. To be responsible for the safety and protection of the User name and password used upon registration and creation of an account on the Website.
3.2.12. To systematically review and follow the Terms and Conditions located on the Website in connection with the possibility of amendments or additions, and to consider them effective and binding without receiving notification from the Platform about their modification or addition starting from the date of their publication on the Website.
3.2.13. To comply with all applicable constitutions, laws, decrees, principles of common law, codes, regulations, statutes or treaties and all applicable orders, rules, regulations, requirements, directives or requests of any courts, regulatory authorities or other public authorities ("Law") associated with the use of the Services on the Platform.
3.3. The User guarantees that he/she is the owner and has the right to freely dispose of the funds which he/she plans to use for entering into a Contract for the cryptocurrency cloud mining without breaking any laws or causing damage to third parties.
4.1. When using the Platform, the User has the right:
4.1.1. To timely and quality receipt of the Services.
4.1.2. To obtain free information and advice to the extent necessary to use the Website Services.
4.1.3. To agree with the Company the specific tariff plan and to make a payment.
4.1.5. To gain profit subject to the result of the cryptocurrency mining by the Platform and to use it at its own discretion.
4.1.6. To comply with the Terms and Conditions established by the Company to access the Website.
4.1.7. To independently take all necessary measures to ensure the security of information which is transmitted via the Internet, email, messengers on mobile devices and posted on the Website in the personal cabinet.
4.1.8. To create a personal account on the Website.
4.2. The Company and/or the Platform has the right:
4.2.1. In case of improper and illegal use by the User of the Website, services or account on the Website, to block the User’s account at its own discretion.
4.2.2. To make edits, updates, changes into accounting of the cryptocurrency mined for the User hereunder in the personal cabinet of a registered User of the Customer.
4.2.3. To carry out preventive maintenance to improve and/or correct errors without prior written notice to the User.
4.2.4. To require from the User timely payment for the Services according to the Agreement.
4.2.5. In case of changes in legislative, regulatory and other acts, tariffs, introduction of other mandatory fees and charges that apply to the relationship of the Parties or other circumstances that affect the Service cost, the Company has the right to change the rates. The date of entry into force of new tariffs shall be the date of their publication on the Website.
4.2.6. To suspend completely or partially the provision of the Services if the Comapny classifies any actions taken by the User or by third parties in the process of consuming the Services provided hereunder as those that cause or are capable of causing harm to the Contractor, other Customers or normal functioning of the Contractor’s equipment which is used for the cryptocurrency mining. Such actions are those caused by:
4.2.7. If the paragraph 4.2.6. hereof is violated, the Company reserves the right to immediately discontinue providing the Services to the User and terminate the Agreement.
4.2.8. Since the provision of the Services may entail financial risk to the Company, whenever the User uses the Services of the Website, the Company has the right to check the personal history of the User in the public record, credit or account history.
4.2.9. If necessary, to require the provision of identification or other documentation, to prevent fraud or money laundering. This may include pictures and details about a place of residence, and any other documents, which, in the opinion of the Contractor, may be required to prevent possible illegal actions.
5.1. The cost of the Services is determined on the basis of the tariff plan chosen by the User and the list of additional services selected according to the tariff plans provided on the Website.
5.2. Payment for the Services is made in bitcoins, US dollars, Euros on a prepayment basis.
5.3. At the User’s request, the Company makes transfers of the cryptocurrency mined under the tariff plan chosen by the User and this Agreement to the wallet indicated by the User in his / her personal cabinet on the Website. The execution period of this request can be up to 5 working days.
5.4. The Company has the right to request additional information to establish the legality of a financial transaction, given that the transaction amount exceeds $ 2,500, or any other suspicious activity of the User.
6.1. If the Platform has reason to believe that the User or any other person acting via the User’s personal account participated in any of the prohibited or unauthorized activities described in this Agreement or in the Terms and Conditions on the Website, otherwise violated the User's obligations under this Agreement, misappropriated trade secrets or confidential information of the Platform and/or the Company, copyrights, patents or other intellectual property rights, then without a demand or a prior notice, and without limitation of any other available legal remedies, the Platform has the right to:
a. terminate, suspend or restrict access to the Account and the Services provided;
b. terminate or suspend this Agreement towards the User or any Service;
c. refrain from payment to the User of a share received by the cryptocurrency mining, as well as from the return of invested funds;
d. notify law enforcement, regulators, affected third parties and other persons at the Company's discretion;
e. take legal action.
7.1. The Company shall not be liable for any damage incurred by the User (including, in particular, losses resulted from the loss of data or profit, or due to the suspension of activities) arising from the use of the Website Services, any of its sections, the Agreement, or its non-use, regardless of whether the User or his/her authorized representative was informed in oral or written form about the possibility of such damages.
7.2. The Company shall not be responsible for possible malfunctions, breakdown, disturbances in the Internet connection or lack of access to the Website. The Company shall also not be liable for any false information posted by third parties on the Website. In particular, this applies to the placed spot prices for the cryptocurrency and the growth in the cryptocurrency mining in a hash per second.
7.3. The User shall hereby bear responsibility, defend the Company's rights, exempt the Company, its employees, managers, owners, agents, information providers, subsidiaries, licensors and licensees (collectively, the "Exempt Party") from any liability and/or from costs (including reasonable legal costs) incurred by the Parties exempted from liability as a result of claims caused by:
7.4. The Company shall not be liable for damage or harm caused to the User by third parties due to consumption of the Services provided by the Company.
7.5. The Company shall not be liable (including negligence) for the loss of profits, revenues, for any direct, indirect and incidental losses or collateral damages caused to the User or other person by direct or indirect use of our Website, or the subsequent purchase of the Contract for the cryptocurrency cloud mining; for any costs, losses or expenses arising out of death, injury or material damage caused by your direct or indirect use of the Website Services or the acquired Contract for the cryptocurrency cloud mining or cryptocurrency itself.
7.6. The Company shall not be responsible for:
7.7. The Company shall not be liable for any failure to comply with these Terms and Conditions if such failure is caused by events beyond our control.
7.8. Except as set forth above, there are no other warranties, terms and conditions, express or implied, statutory or otherwise. According to these Terms and Conditions, all provisions of this Agreement shall be executed in accordance with the law.
Within the law, we disclaim liability for any direct, indirect or consequential losses or collateral damage incurred that fall into one of the following categories:
7.9. You agree not to use the Website and its Services if it is:
8.1. The Company reserves the right to request documentation prior to the activation of the User Account on the Platform in order to comply with applicable laws or regulations for any reason at its discretion. The Company may deny the User access to the Platform if it has doubts about the validity and authenticity of the documents provided by the User.
8.2. The User agrees to provide such information to the Company immediately upon request and acknowledges that the Company may refuse to allow the User to use the Website until the User provides such information, and the Company determines that the User is authorized to use the Platform and the Website in accordance with applicable law.
8.3. As a rule, the Company collects only the information that is necessary, and will not transfer the User's personal information to third parties. Even within the Company, access to the User's personal information is limited to a subgroup of employees who work on compliance and verification of identity, as well as employees who have such access within the Company's CRM system. The Company is the sole Users data controller.
8.4. When the User creates an Account on the Website, the Company may collect and store the User's contact information - name, address, telephone number, e-mail and other similar information. Before allowing the use of the Platform, the Company may require the User to provide additional information (for example, the date of birth, passport number, TIN or other data that can be used for personal identification purposes and which may be required to comply with applicable law), so that the Company can verify the identity or address of the User.
8.5. When using the Platform located at www.agiocrypto.com, the Company collects information about the User's actions on the Website, and can collect information about the User's computer or other access device to prevent fraud. The Company can collect additional information about you through your interactions with our support team.
8.6. When the User accesses the Platform, the Company (or GoogleAnalytics on behalf of the Company) may place small data files called cookies on the User’s computer or other device. The Company uses these technologies to recognize the User; customize the Website and advertising; evaluate advertising efficiency and collect information about a computer or other access device to reduce risk, prevent fraud and promote trust and security.
8.7. Throughout this policy, the Company uses the term "personal information" to describe information that may be associated with a particular person and may be used to identify that person.
8.8. The Company protects the User’s information using physical, technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and changes. Some of the protections used by the Company are firewalls and data encryption, control of physical access to our data centers, and information access control. The Company authorizes access to personal information only to those employees who perform their official duties. All physical, electronic and procedural guarantees are designed to comply with applicable laws and regulations.
8.9. Sometimes the Company needs to compare the personal information provided by the User with the third-party databases to verify its accuracy and confirm the identity. This allows the Company to comply with anti-money-laundering measures and to "know your customer". The Company will not sell or rent the User's personal information to third parties. The Company may combine the User information with information that the Company collects from other companies and use it to improve and customize the Platform, as well as its content and advertising. The Company may use the User's name and email address to provide information about products or services that may be of interest to the User, but will not use the User's personal information without complying with applicable law and, if necessary, obtaining the User's consent.
8.10. The Company reserves the right to provide the User’s personal information to:
8.11. The Company will not share the User's personal information with other Users of the Company without consent or relevant instructions.
8.12. The User can access, view and edit his/her personal information at any time by clicking on the webpage of the Platform, which is located at www.agiocrypto.com and using his/her credentials.
9.1. The Company reserves all the rights, titles and interests in all intellectual property of the Platform, including inventions, discoveries, processes, brands, methods, compositions, formulas, methods, information and data, regardless of whether they are patentable, copyrighted or protected by trademark and any trademarks, copyrights or patents based on them. The User cannot use any intellectual property of the Company for any reason, except for the prior written consent of the Company.
9.2. The User is granted a non-exclusive, non-transferable right to access and use the Platform.
9.3. The User shall use the Platform strictly in accordance with the provisions of this Agreement. As a condition of using the Platform, the User guarantees to the Company that he/she will not use the Platform for any purpose that is unlawful or prohibited by the provisions of this Agreement. The User cannot use the Platform in any way that could damage, disable or overload the Platform, or prevent other party from using the Platform.
9.4. All content offered by the Platform, such as text, graphics, logos, images, source code, their compilation and any software used on the Website is the property of the Company and protected by copyright, trademarks and other laws that protect intellectual property and property rights. The User undertakes to comply with all restrictions related to the protection of copyright and intellectual property contained in the content offered by the Platform and to prevent any changes being made to it.
10.1. The materials on the Website are provided on "as it is" and "if possible" basis. The Company makes no warranties, express or implied, and by this Agreement disclaims all warranties, including, but not limited to, implied warranties or conditions of the commercial value, compliance with certain purposes, non-infringement of intellectual property rights or other rights. We make no statements or guarantees as to the accuracy, possible results and/or reliability of using the materials on our Website or any actions with such materials, or with other sites related to ours. The materials on the Website www.agiocrypto.com may have technical, typographical and photographic errors. We can, but not committed to, at any time make changes to the Website content without prior notice.
11.1. By purchasing a Contract for cryptocurrency cloud mining on our Website, you accept and agree that:
11.1.1. Cryptocurrency is still an autonomous and rather unregulated international system of transferring funds between individuals. It is not supported by the currency of any state or central bank.
11.1.2. In addition to the risks specified in these Terms and Conditions, there may be others that could not have been foreseen and determined.
11.1.3. Cryptocurrency is not recognized by some countries and has no legal force there. The specifics of using cryptocurrency and the absence of a controlling body can lead to high price volatility.
11.1.4. You are aware of the risks associated with electronic money, in particular cryptocurrency.
11.1.5. You understand that the hashrate required for cryptocurrency mining increases every day, which leads to a decrease in the return of the cryptocurrency per hashrate unit involved in mining.
11.1.6. Your responsibilities include protecting your own cryptocurrency, computer, bank accounts, address, personal data from theft, fraud and illegal activities.
11.1.7. We will not be liable for any loss or damage, directly or indirectly, arising out of or in connection with the Contract for cryptocurrency cloud mining, that you or your authorized representatives, or your agents, have incurred.
11.1.8. All transactions made are not subject to cancellation.
11.1.9. You have received independent legal and financial advice on the risks associated with the creation of these transactions, or you deliberately abandoned such advice.
11.1.10. You agree that we reserve the right, without explanation, at our sole discretion, to refuse any order.
11.2. The User acknowledges and agrees that buying mining contracts and trading cryptocurrency involves risk, especially due to price fluctuations. Moreover, there may always be an unexpected risk that is not specified in the Terms and Conditions. We are not responsible for the consequences of such an unforeseen risk.
11.3. Each transaction is created in accordance with international legal standards. The beneficial owners (under the KYC Policy) are determined respectively. The limits required by law are set automatically depending on the type of account, being determined by the purpose of a transaction (payment for goods and services or money transfer).
The User authorizes the Company directly or via third parties to submit any requests that are necessary for the User’s identification and/or other information.
11.4. Due to the peculiarities of the Contract for cryptocurrency cloud mining, any transaction created with the help of the Company's resources is final, regardless of errors or non-receipt of goods or services purchased for electronic money from this transaction.
11.5. We recommend Users to be extremely careful, as the Company cannot cancel the transaction that was sent and confirmed by the network.
11.6. If the User has problems with the goods or services purchased from the Company, or the User has disagreements with the Company, he/she should contact the Company directly. The Company does not control and is not responsible for the delivery, quality, safety and other aspects of the goods or services that the User has purchased from the Company.
12.1. The Company undertakes to keep records of all transactions and transfers of cryptocurrency along with the provided identification data, as well as constantly monitor suspicious transactions of any size.
12.2. To keep records of clients, the Company collects the following information including, but not limited to:
12.2.4. Phone number.
12.2.5. Email address.
12.2.6. Photocopy of the passport with photo or any other official identification document.
12.2.7. Photocopies of the User's credit cards with a hidden CVV code and a partially hidden card number.
12.2.8. Photocopies of the documents confirming the User’s address of residence.
12.2.7. Bank details.
12.3. Before transferring the cryptocurrency obtained by Mining Contracts to your wallet, the Company will ask you to confirm your identity or other personal data. It does not mean that you are suspected of anything. Any information you provide is confidential.
13.1. Any party can terminate this Agreement at any time without prior notice. In this case, the Company can immediately terminate this contract if it violates one of the provisions specified in the Agreement. In addition, we reserve the right to sue the User and block his/her access to our Website and services. Accordingly, we can deny access of the User's computer IP address to our Website. We can contact your Internet provider and take steps to block access to our Website and Services. In addition, we can file a complaint to the court against you and demand reimbursement of losses that you have incurred. If you attempt to use the Website for illegal purposes, to violate any of the provisions of the Terms and Conditions or fail to pay for your transactions, we reserve the right to cancel the transaction that has not been paid or confirmed.
13.2. The Company may terminate the provision of the Services at any time without prior notice, and we reserve the right to refuse providing Services to any person without any explanation, especially if the User registers or makes a purchase under a false name or using false personal data, including e-mail; if the User impedes the work of the Company or uses a language that is unacceptable (use of obscene language, racist and sexist expressions).
14.1. Under this Agreement, we may transfer our various rights to a third party without your permission. Your rights are individual and cannot be transferred.
14.2. This Agreement, the Terms and Conditions should be interpreted as such that comply with all applicable laws. Provided that one of the provisions does not comply with the law, it should be interpreted in the narrower sense, maximizing its efficiency, however, if in this case the provision loses its effectiveness, it should be removed from this Agreement so that the remaining provisions continue to have full force and effect.
15.1. The User and the Company shall regulate the disputes that have arisen through negotiations or arbitration (which shall be the regulator of a dispute of several persons, and shall take a final and binding decision, instead of resolving a dispute by a judge or jury in court).
15.2. Any dispute relating to this Agreement is personal to the User and the Company and shall be resolved solely through individual arbitration.
15.3. Each Party shall notify the other Party in writing of any dispute within thirty (30) days from the date of its occurrence, so that the Parties can faithfully decide on the settlement of the dispute by negotiation. The notice of a dispute shall be sent to the Company by e-mail at email@example.com. The notice must be sent to the current email address in the User’s Account. The notice must include the User's name, postal address, e-mail address and phone number, a description in reasonable details of the nature or basis of a dispute and the specific support requested by the User. If the User and the Company cannot agree on how to resolve the dispute within thirty (30) days from the date of receipt of the notice by the relevant Party, then either the User or the Company may, depending on the situation and in accordance with this provision, commence arbitration proceedings. Any arbitration shall take place in Stockholm, Sweden. The arbitration shall be conducted confidentially by one arbitrator in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), which is incorporated herein by reference: http://sccinstitute.com/dispute-resolution/. The SCC Arbitration Rules are available on the SCC website. By agreeing to be bound by these Terms and Conditions, the User either acknowledges and agrees that he/she has read and understood the SCC Arbitration Rules or has declined the opportunity to review the SCC Arbitration Rules and any claims that the SCC Arbitration Rules are unfair or should not be applied for any reason.
15.4. All messages and/or notifications that are made by the User or the Platform under this Agreement, in particular, but not limited to, the provision 15.3. hereof, must be in English.
16.1. These Terms and Conditions constitute the entire agreement between the User and the Company with respect to the subject matter hereof, in particular the use of the Website, Platform. These Terms and Conditions shall replace all prior or contemporaneous statements, agreements between the User and the Company, written or oral, with respect to the subject matter hereof. The Company shall not be limited in its rights by any condition, warranty or other provision that may supplement or differ from these Terms and Conditions (whether or not it has lead to a significant change of these Terms and Conditions) and which is presented by the User in any order, receipt, acceptance/letter, confirmation, correspondence or other document.
16.2. These Terms and Conditions are not template. If the User does not agree with any of them, believes that they should not apply to him/her, or has the intention to discuss possible arrangements regarding these Terms and Conditions - the User shall contact the Company by e-mail and immediately leave the Website. The User must not use the Website and/or Services offered, until the desired agreement with the Company on new terms of using certain services will not be achieved.
16.3. This document is not an investment advice, it is not an insistent request of a sale or subscription, nor does it imply an invitation to offer a sale or subscription. By using the Website and entering into a Contract for cryptocurrency cloud mining in accordance with this Agreement for the use of the Platform, the User shall be bound by this public offer and other terms included as links/references.
16.4. If any provision of this Agreement is deemed invalid, null and void, that provision shall be excluded from this Agreement only if it is invalid or unenforceable. Unless otherwise provided, all other terms and conditions hereof shall remain in full force and effect.
16.5. Any terms and conditions of this Agreement, which by their nature shall remain in force, shall survive termination of this Agreement.