Updated: 01.12.2024
If you use the services as a customer of a YOURHODL partner, the following terms and conditions do not apply to you, and your Agreement with that partner governs your use of the YOURHODL services.
This User Agreement (this “Agreement”) is made and entered into between YOURHODL, YOURHODL CorporateLimited, and the entity or individual (from now on referred to as “Customer,” “User,” or “you”) agreeing to and accepting the terms of this Agreement by continuing to use the services offered on this YOURHODL.MARKET website.
This Agreement is effective as of the date the Customer clicks the “agree to the Agreement” button (the “Effective Date”).
The company will consider the services rendered as of the end date of the selected contract term. If you accept the terms of the Agreement on behalf of the Client, you represent and warrant that: (i) you have full legal authority to accept this Agreement on behalf of the Client; (ii) you have read and understood this Agreement, and (iii) You agree to this Agreement on behalf of the Client. If you do not have the legal right to bind the Client, please do not click the consent button. This Agreement governs the Client’s access to and use of the hosted computing services and other services provided by YOURHODL on the Platform (collectively, the “Services”). The terms of this Agreement shall apply to all relationships conducted on this website. For an offline version of this Agreement, you may contact YOURHODL.
The Privacy Policy and Return Policy outlined in the appendices and detailed at https://yourhodl.market/privacy-policy/ , https://yourhodl.market/return-policy/ are an integral part of this Agreement. By accepting this Agreement, the Parties agree to be bound by and subject to the terms and conditions of the Privacy Policy and the Return Policy.
By continuing to use the services provided under this Agreement, the Parties expressly acknowledge and agree to be bound by the Privacy Policy and the Return Policy. Any violation of the provisions contained in these Policies may be considered a breach of this Agreement with the corresponding consequences set forth herein.
1. PROVISION OF SERVICES
1.1 ALGORITHM
This Agreement utilizes a single transaction validation algorithm for one or more blockchain protocols. At the beginning of the Agreement Term, the Customer selects an algorithm that they can use to retrieve certain digital assets. As described in Section 3 below, the Customer acknowledges the risks associated with blockchain technology and recognizes that there may be changes in the protocols used to perform blockchain transaction validation (“withdrawal”) for cryptocurrencies using the Customer’s chosen algorithm.
1.2. PROCESSING POWER AND HASHRATE
YOURHODL will provide the Client with computing power at a fixed hash rate for the term of the Agreement, except for Section 1.3 (Service Level Agreement and Deviations).
1.3. SERVICE LEVEL AND DEVIATION AGREEMENT
The Customer agrees to receive the Services provided at the highest possible efficiency. The availability of computing power, and therefore, the output and results of any services and cryptocurrencies, may vary by up to 5%. Even with the deviation above, YOURHODL will use reasonable efforts to ensure that all facilities and related supplies for the services are maintained in working order to avoid any deviation with the same degree of diligence that YOURHODL applies in its affairs.
1.4. MINING RESULT
The choice of the algorithm by the Customer, the selection of the amount of computing power or hash rate, the allocation of computing power, and the use of services may result in a reward in cryptocurrency according to a general formula for calculation, where X (total revenue) = E (Customer’s revenue) – T (Customer’s terahash) * Y (service fee factor). The service fee is a single fee that includes fees for the following services: electricity, management, rent, and security. The system deducts service fees, blockchain transaction fees, and third-party fees (described in section 2 below) from the fee. YOURHODL has the right, in its sole discretion, to accumulate or aggregate the Customer’s resulting cryptocurrencies mined in the Customer’s digital account until the accumulated value exceeds the blockchain transaction fees. YOURHODL has the right to set and adjust the threshold for transferring the result of mining at its sole discretion by notifying the Customer. The company generally makes adjustments due to a material increase or decrease in blockchain transaction fees or performance degradation, overloading, failure, or other disruption of the blockchain network used by the Customer. In any event, the Customer benefits from any digital assets received.
1.5. CONVERSION OF THE RESULT OF THE MINING PROCESS
As described in Section 1.4 (Mining Result) above, the Customer’s choice of algorithm, allocation of computing power, and use of the Services may result in a reward in some cryptocurrency. In some cases, YOURHODL may allow the Client to receive the mining result in digital assets with a value equivalent to the value of the digital asset extracted by the Client.
1.6. USE OF THE SERVICES
During the Term, Customer may (i) use the Services and (ii) use any software provided by YOURHODL as part of the Services. The Customer may not transfer these rights to third parties.
1.7. CONTROL PANEL
As part of receiving the Services, the Customer will have access to a Control Panel through which the Customer can manage the available Services, including managing and allocating its computing power resources according to the selected algorithm. The Control Panel also contains tools for transferring digital assets to the Customer’s digital wallet, as described in Section 1.5 (Conversion of Mining Result).
1.8. NEW APPLICATIONS AND SERVICES
YOURHODL may (i) from time to time make new applications, tools, features, or functionality available within the Services and (ii) from time to time add new services to this section (Provision of Services), the use of which may be subject to Customer’s Agreement to additional terms and conditions.
1.9. CHANGES TO THE SERVICE PROVISION AND AGREEMENT
“YOURHODL Corporate Limited” reserves the right to occasionally make reasonable changes to the Service Provision and the Agreement. YOURHODL implements significant changes to the provision of Services or updates the Agreement and related documents. In that case, YOURHODL will give notice of such changes by updating the Agreement or by posting the relevant information in the description of the Services. Unless otherwise specified, material changes to the Agreement shall become effective upon publication of the updated terms and conditions of the Services and/or documents on the Platform. If the Client or other user of the Platform does not accept any changes in the said terms and conditions and/or documents, he (she) must immediately stop using the Platform. Consequently, by continuing to use the Platform, users accept the modified terms and conditions of the Services and/or documents on the Platform. The Client agrees to regularly and promptly review the Agreement and the terms and conditions of the Services to ensure the correct use of the Services and the Platform and mitigate the associated risks.
1.10. WITHDRAWAL OF FUNDS
1.10.1 Results
Under the terms of the Agreement, the Customer withdraws the results of purchased computing power and other digital assets upon request.
1.10.2. Confirmation
Customers can withdraw only after completing identification and passing the security checks YOURHODL performs.
When withdrawing from the Platform, we will request a confirmation email to the email address provided in your profile.
The only way to update your email address is through a verified phone number. If you lose access to this number, YOURHODL cannot help you change your email address.
1.10.3 Security checks
YOURHODL performs security checks and identification procedures within 24 hours of receiving the relevant withdrawal request and approves it for further processing on the blockchain network. YOURHODL reserves the right to unilaterally extend the verification period outlined in this clause for additional security and identification procedures without further notice or explanation. Lead times, including security checks, are suspended during non-business days (Saturdays, Sundays, and holidays).
YOURHODL has the right to suspend the withdrawal process if it identifies risks of theft, fraud, fraud, misconduct, misrepresentation, or fraud and requests additional documents and information to confirm that the personal account is not under the control of third parties and/or any assets are not at risk of theft or fraud.
1.10.4 Promo Mining
The results of the computing power performance provided to the Customer as part of the free promotions offered by YOURHODL (from now on referred to as “Promo Mining”) are not inferable unless the Customer has purchased under the terms of clause 1.16 of the Agreement.
1.11. EQUIPMENT RENTAL
YOURHODL offers BTC mining equipment rental services under the following terms and conditions:
1.11.1 Rental Period
Users can rent mining equipment for the term specified on the order page. The rental period starts from the date of order placement confirmation.
1.11.2 Rental Price
Users agree to pay the equipment rental fee at the rate YOURHODL states when they place the order.
1.11.3 Purpose of rental
The rented equipment is intended solely for hosting on YOURHODL’s hosting site, where YOURHODL’s engineers will place it. The Agreement prohibits users from using the rented equipment for any other purpose.
1.11.4 Hosting fees and payment procedure
In addition to the equipment rental fee, users are responsible for regular hosting fee payments. Section 1.13 of the Agreement describes the terms and procedures for paying hosting fees. Users agree to pay equipment rental and hosting fees promptly per the terms and conditions stated on the order page. Failure to pay on time may result in Suspension or termination of the rental Agreement, as described in Section 1.13 of the Agreement.
1.11.5 Ownership and Maintenance
The rented equipment remains YOURHODL’s property throughout the rental period. Users do not acquire any rights to the leased equipment. YOURHODL is responsible for the maintenance and technical support of the rented equipment during the rental period. Users are encouraged to report any problems to the YOURHODL support team immediately.
1.12. MINING FARM
1.12.1 Mining Farm Services
Under the terms of this Agreement, Customer may order computer and telecommunication technology services from YOURHODL for the construction, configuration, and administration of a hardware and software complex (HSC) and the adaptation and modification of computer programs (from now on referred to as “Mining Farm Services”).
Customers can find these services in the ‘Mining Farm’ or ‘Miners’ section of the Platform.
When the Customer purchases the Mining Farm Services, the Platform displays the PAC’s installation and activation date during the ordering process. The Platform fixes this date once the order is paid for using any of the provided payment methods or through an invoice.
The equipment used in the construction of the PAK remains YOURHODL’s property for the duration of the mining farm services provided to the Customer. When purchasing mining farm services, YOURHODL agrees to transfer ownership of said equipment to the Client upon termination of the contract, upon the Client’s request. Upon the expiration or termination of the contract for the mining farm, YOURHODL shall transfer the ownership of the equipment to the Customer.
1.12.2 Term of provision of mining farm services
YOURHODL will provide the Mining Farm Services to the Client by the date specified on the Platform page during the ordering process.
1.12.3 PAK Monitoring
Monitoring of the PAK is available to the Client in their account at https://yourhodl.com/my-account/
1.12.4 Termination of Mining Farm Services
The Customer may contact the YOURHODL support team to request the termination of the contract for the mining farm at any time and withdraw the equipment used to build YOURHODL from YOURHODL. A decision to terminate at the Customer’s initiative does not entitle the Customer to a full or partial refund. YOURHODL will consider each termination request individually. Any costs related to transportation, customs, or other costs of delivery of the equipment to the address specified by the Customer under this provision shall be borne solely by the Customer.
1.12.5 Warranty period for PACs
YOURHODL takes responsibility for any PAK malfunctions within 6 months after the Customer purchases mining farm-related services on the Platform and ensures that it repairs the equipment during the warranty period. YOURHODL is also responsible for installing the PAK on the date specified in the offer, personal account, or Agreement, but no later than the 83rd day.
1.12.6 Payment methods for the services of the mining farm
The Client may choose any payment method for the mining farm services provided on the Platform. Suppose the Customer elects to pay in several installments (installment payments) and fails to pay any of them. In that case, YOURHODL has the right to stop the provision of services, and the Customer loses the right to demand the transfer of ownership of the equipment.
1.13. FEES FOR EQUIPMENT HOSTING SERVICES
1.13.1 Payment for hosting services for a mining farm
The equipment’s hosting fee is paid monthly at the beginning of the billing period. The cost is fixed when paying for the hosting service and remains unchanged for 3 months, according to the accepted Offer confirmed by the Customer with his first Payment. After the 3 months, YOURHODL may increase the hosting fee, which YOURHODL will notify you by email or in the Client’s account.
1.13.2 Remuneration
The Remuneration for the calculations made by the equipment on the hosting is cryptocurrency (Bitcoin). Remuneration is credited daily to the Client’s wallet in the system, which is available to the Client in YOURHODL’s cabinet.
1.13.3 Suspension of services
Suppose, according to the Agreement, YOURHODL receives the monthly hosting payment after the billing period begins. In that case, YOURHODL removes the Client’s equipment from hosting, and the Client stops receiving remuneration for this period, as communicated via email or in the Client’s cabinet.
1.13.4 Liability for Delayed Payment
If the debt for hosting services exceeds 1 month, the Client must pay a fine of 50% of the hosting fee for each month of delay, which the Client is informed about by email or in the Client’s cabinet.
To resume receiving the Services, the Client must fully repay its hosting debt, including penalties, for the entire delay period.
1.13.5. Transfer of Ownership due to unpaid hosting services
If the Client’s debt for hosting services exceeds 6 months, YOURHODL retains title to the equipment on YOURHODL’s site as Payment for the Services. Thus, YOURHODL shall inform the Client by email or in the Client’s account that all ownership rights to the equipment will remain with YOURHODL. The Client shall lose the right to demand the transfer of ownership of the equipment as stated in clause 1.12 of the Agreement.
1.13.6 Payment for hosting services for leased equipment
For leased equipment, customers may pay hosting fees in Dailwaystpdaily post payment Premonthly prepayment Postpaid mode; hosting fees are deducted daily from mining revenue upon receipt, covering the cost of electricity, 24/7 maintenance, and security of the rented ASICs in our data center. In the alternative monthly prepayment mode, payments are made at the beginning of each month for the hosting fee for the rented equipment, including the same electricity, maintenance, and security costs at our data center. YOURHODL may change the hosting fee unilaterally.
1.14. LOYALTY PROGRAM
You can find the details of the loyalty program here: https://yourhodl.market/promo
1.15. ACTIVE MINING PERIOD AND ITS RESULTS
1.15.1 Duration
The mining computing power purchased by the Customer is active during the offer period and/or contracts purchased (accepted) by the Customer.
1.15.2 Time frame of activation
The mining processing power obtained by the Client as a result of the promotion is active from 0:00 GMT+3 of the next day from the moment of activation during the period specified by the following parameters:
The amount of power received as a result of the promotion: Active period:*
0.5 Th/s 720 hours
20 Th/s 24 hours
* From the date the Customer obtains this power by performing specific actions in the relevant promotion, the company may set different active periods for the hash power obtained through certain promotional offers.
1.15.3 Performance Results
According to clause 1.16.2 of this Agreement, the mining results under the promotional offer are active for 48 hours from the expiration of the hash power obtained due to the promotion. If the Customer wishes to retain the above results, the Customer must purchase the Services within 48 hours.
2. FEES, CHARGES AND TAXES
2.1. UPFRONT FEES
This Agreement and the provision of the Services agreed to herein shall be payable by Customer by prepayment of a fixed dollar amount for a given hash rate (“Upfront Fees”). YOURHODL does not accept cryptocurrency payments or exchange transactions. Partners perform these transactions with their assistance.
2.2. CLOUD MINING FEES
The Customer must pay specific data center service fees (“Service Fees”) to YOURHODL to use the Services described in this Agreement. YOURHODL calculates and automatically deducts the Service Fees daily from the Customer’s mining results. Contracts specify Service Fees as a rate per unit of daily processing power. YOURHODL calculates the total Service Fees for a particular contract by multiplying the number of units of computing power by the Service Fee rate specified in the contract. Suppose the result of mining for one or more days is less than the Service Fees. In that case, YOURHODL may deduct the Service Fees from any subsequent mining result during the term of the Agreement and/or treat said fee as a debt owed by the Customer for services provided and received, which the Customer is obligated to pay. YOURHODL may change the Service Fee unilaterally.
2.3. BLOCKCHAIN TRANSACTION FEES
The delivery and receipt of any of the Customer’s digital assets will involve network or transaction fees charged by the blockchain by the algorithm the Customer selects (“Blockchain Transaction Fees”). Customers pay Blockchain Transaction Fees for the initiation, registration, verification, and processing of a transaction on the blockchain, and YOURHODL does not retain these fees.
2.4. THIRD-PARTY FEES
Specific digital wallets, wallet addresses, tools, and third-party software and devices (“Third Party Wallets”) used by the Customer may also charge the Customer fees, including a fee per transaction or transfer. The customer is responsible for paying any such fees. The customer should understand that any such fees may significantly reduce the Customer’s mining result, and therefore, the Customer is responsible for selecting and utilizing Third-Party Wallets.
2.5 TAXES
The customer is responsible for any taxes and will pay YOURHODL for the Services without making any tax deductions. Suppose YOURHODL is required to pay or collect taxes. In that case, it will issue an invoice to the Customer and withhold such taxes from the Customer’s mining results unless the Customer provides YOURHODL with a timely and valid tax exemption certificate approved by the appropriate taxing authority. In some countries, states, and provinces, sales tax is imposed on the total purchase price at the time of sale, which must be invoiced and collected at the time of purchase. Suppose the Customer is legally required to withhold taxes from its payments to YOURHODL. In that case, the Customer must provide YOURHODL with an official tax certificate or other appropriate documents to verify such withholding. If the Services are subject to local value-added tax (“VAT”) under applicable tax laws and Customer is required to pay local VAT on amounts payable to YOURHODL, the price of the Services calculated by the above procedure will be increased (gross) by the amount of local VAT. YOURHODL will treat the increased amount as the VAT-inclusive price. The local VAT withheld from the VAT-inclusive price will be remitted to the relevant local tax authority by the Client, and the Client will ensure that YOURHODL receives a net fee for its services (the VAT-inclusive price less the local VAT withheld and remitted to the Tax Office). Where applicable law requires, the Client will provide YOURHODL with necessary tax identification information as may be required by YOURHODL to ensure tax compliance in the relevant jurisdictions. The client will be responsible for paying (or reimbursing YOURHODL for) any taxes, interest, penalties, or sanctions resulting from incorrect information received from the Client.
3. CLIENT’S OBLIGATIONS
3.1. ALGORITHM SELECTION
The client is responsible for choosing the algorithm and understands and accepts the risks associated with blockchain technology, cryptocurrencies, and digital asset mining.
3.2. HASHRATE ALLOCATION
The customer is responsible for allocating the hash rate at which this Agreement has purchased it. The customer acknowledges that YOURHODL does not control the timing of the mining results mined under this Agreement or the protocols selected for use with the Services. The customer shall monitor and allocate the hash rate through the Control Panel. The customer recognizes that the complexity of mining digital assets may change and will likely increase during the term of this Agreement. The customer monitors, controls, and decides which digital assets to mine under this Agreement.
3.3. DIGITAL WALLET AND PRIVATE KEYS
The customer represents and warrants that it is familiar with and accepts the risks associated with digital wallets and private keys, including the risks described in this section. The customer’s digital wallet or vault may require a private key or combination of private keys for access. Consequently, loss of the necessary private keys associated with a Customer’s mining result stored in the Customer’s digital wallet or vault will result in losing such mining result, access to the balance of the Customer’s mining result, and/or any balances in the blockchains. Furthermore, any third party that gains access to such private keys, including gaining access to login credentials to a hosted wallet or vault used by Customer, may be able to appropriate Customer’s digital assets. YOURHODL shall not be liable for any such loss.
3.4. LOGIN CREDENTIALS
The customer represents and warrants that It is responsible for maintaining the confidentiality of its login credentials. The Customer must not sell or transfer YOURHODL’s login credentials to any other entity or individual and must use them exclusively for internal purposes.
3.5. BLOCKCHAIN NETWORK RISKS
The customer represents and warrants that it accepts the blockchain protocol and network risks, including instability, congestion, high transaction costs, network latency, information security, regulatory risk, and technological and operational errors. The customer understands that these risks may result in delayed or denied transaction processing, failure to fulfill the output of the mining result, and high transaction fees on the blockchain. The Client declares that he understands and agrees that the Company is not responsible for any impairment of the Services if it follows from the realization of blockchain risks. As provided in Section 1.4 (Mining Result), in the event of a material increase or decrease in blockchain transaction fees or operational degradation, overload, failure, or other disruption of the blockchain network used by Customer, YOURHODL may, at its sole discretion, upon notice to Customer, increase or decrease the threshold for issuing the output of Customer’s mining result.
3.6. BLOCKCHAIN MODIFICATION RISK
The customer acknowledges that it recognizes and accepts the risks associated with blockchain development and code modifications, including the risks described in this section. Blockchain technologies are still under development and may undergo significant changes over time. Blockchain developers may change the features and specifications of the Customer’s algorithm. Such changes may result in removing support and/or efficiently utilizing the hardware used by YOURHODL. Blockchain developers may change the cryptographic verification process so they can no longer verify transactions on a proof-of-work basis and instead use the proof-of-stake method.
3.7. PROOF-OF-WORK PROCESS REPLACEMENT RISK
In addition to the risk of blockchain modification, blockchain developers may change the cryptographic verification process to no longer verify transactions on a proof-of-work basis; instead, they will use the proof-of-stake method. Customer accepts and acknowledges that if the blockchain protocol is changed to use only proof-of-stake techniques, Customer assumes such risk and shall allocate its hash rate to other available blockchains that utilize proof-of-work techniques using this algorithm for this Agreement. Some blockchain algorithms do not currently have alternative applications that support the proof-of-work algorithm, in which case, any switch from proof-of-work to proof-of-stake will result in the inability to utilize the Client’s hash rate for the remainder of the contract term, should such a protocol change occur.
3.8. PLACE OF RESIDENCE
The Customer must provide their residence information in their account and agrees to reimburse YOURHODL for all losses due to tax violations in case of a breach of this clause.
4. TEMPORARY SUSPENSION
4.1. GENERAL PROVISIONS
YOURHODL may immediately suspend Customer’s right to access or use any part or all of the Services by notifying Customer if
- YOURHODL determines that Customer’s use of the Services may pose a threat to the safe delivery of the Services to YOURHODL or any third party, may adversely affect YOURHODL’s systems, the Services or any other customer of YOURHODL, may expose YOURHODL, its affiliates or any third party to danger, or may constitute fraud;
- The customer is in breach of this Agreement;
- The customer has initiated a chargeback or dispute regarding any payment or purchase of Service or
- The customer has ceased to act in the ordinary course of business, has been assigned contractual rights for the benefit of creditors, or is subject to bankruptcy, reorganization, liquidation, dissolution, or a similar process.
4.2. CONSEQUENCES OF SUSPENSION
Suppose YOURHODL suspends the Customer’s right to access or use any part or all of the Services. In that case, the Customer may be liable for all fees and costs incurred during the Suspension period. The customer will have no rights to receive any mining results that may have arisen during the Customer’s temporary Suspension of the Services.
5. TERM AND TERMINATION
The term of this Agreement shall commence on the Effective Date and shall continue until terminated by this section.
5.1. TERM OF AGREEMENT
The term of this Agreement shall commence on the Effective Date and continue until the date specified in the Agreement Specifications or the date of Termination for Breach, the terms of which are outlined in Section 5.2 below.
5.2. TERMINATION FOR BREACH
Either party may terminate this Agreement if the other party breaches a material term and fails to cure the breach within thirty days after receipt of written notice. In addition, YOURHODL may terminate the Services if it goes out of business or enters unresolved bankruptcy proceedings within ninety days. Violation of this Agreement shall be grounds for blocking the Customer’s account with YOURHODL.
5.3. CONSEQUENCES OF TERMINATION
Upon the Termination Date, all Customer’s rights under this Agreement shall immediately terminate, and Customer shall be obligated to pay all fees for the Services incurred before the termination date specified by YOURHODL.
6. CONFIDENTIAL INFORMATION
Client shall not disclose Confidential Information except to agents or professional advisors who need to know and have agreed in writing (or, in the case of experienced advisors, are required to) to maintain confidentiality. Client agrees to use the Confidential Information received only to exercise rights and fulfill obligations under this Agreement while taking reasonable steps to maintain the confidentiality of such information.
7. PUBLICITY
The customer may publicly state that they are a customer of the Service, respecting YOURHODL’s trademark rights. If the Customer wishes to mention YOURHODL in connection with using the Services, the Customer must obtain written authorization from YOURHODL. The customer may only issue press releases or make other public communications regarding this Agreement or the Customer’s use of the Services with permission from YOURHODL.
8. REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that (i) it has the authority to enter into this Agreement and (ii) it will comply with all laws and regulations applicable to the provision or use of the Services.
9. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY WARRANTED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOURHODL, ITS AFFILIATES AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. YOURHODL, ITS AFFILIATES AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR THE DELETION, FAILURE TO STORE OR LOSS OF ANY CUSTOMER DATA, INCLUDING BLOCKCHAIN DATA AND DIGITAL ASSET PAYMENTS, OBTAINED, STORED OR TRANSMITTED AS A RESULT OF USING THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR PROTECTING ITS CUSTOMER DATA AND DIGITAL ASSET PAYMENTS. NEITHER YOURHODL, ITS AFFILIATES, NOR ITS SUPPLIERS WARRANT THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. YOURHODL, ITS AFFILIATES, AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY LOSS OR LOSS OF OPPORTUNITY ARISING FROM PROBLEMS WITH THE BLOCKCHAIN NETWORK AND PROTOCOL OR PROBLEMS WITH THIRD-PARTY SOFTWARE THAT MAY RESULT IN THE INABILITY TO PROCESS A TRANSACTION ON THE BLOCKCHAIN AT ALL OR TO AVOID SIGNIFICANT FEES.
WHEN USING ANY SERVICES ON THE PLATFORM, CUSTOMER UNDERSTANDS AND UNCONDITIONALLY ACCEPTS THAT:
- YOURHODL shall have the right to modify and cancel all transactions and their results without any notice if Customer fails to comply with the terms of the Agreement, fraudulent behavior on Customer’s part is detected, abuse or failure of Third Party systems or YOURHODL’s systems is detected, or other events result in unjust enrichment.
- The Client agrees to comply with applicable laws and regulations when using the Platform.
- When the Client uses any services on the Platform, the Client is fully aware of the risks of conducting transactions and acts carefully.
- The Client agrees that all transactions conducted on the Platform reflect the Client’s true intentions and that the Client accepts all potential risks of its decisions and actions performed on the Platform.
- YOURHODL reserves the right to suspend or terminate the Platform at any time.
- In cases of network delays, computer system failures, and other events beyond the control and beyond the control of YOURHODL or Third Parties that may result in delay, Suspension, termination, or rejection of the performance of the services provided on the Platform, YOURHODL will use reasonable efforts to ensure stable and efficient operation of the Platform. The customer agrees that YOURHODL shall not be liable if the final result does not meet the Customer’s expectations due to the above factors.
10. LIMITATION OF LIABILITY
10.1. LIMITATION OF VICARIOUS LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOURHODL, CLIENT AND YOURHODL’S SUPPLIERS SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST INCOME, LOST OPPORTUNITY OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER DAMAGES, EVEN IF YOURHODL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF DIRECT DAMAGES ARE NOT A SUFFICIENT REMEDY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO INFRINGEMENTS OF YOURHODL’S INTELLECTUAL PROPERTY RIGHTS, INDEMNIFICATION OBLIGATIONS OR CUSTOMER PAYMENT OBLIGATIONS.
10.2. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, the Customer can sue neither YOURHODL nor YOURHODL’S suppliers for an amount greater than the amount paid to YOURHODL under this Agreement, minus the value of any cryptocurrencies generated or received by the Customer as a result of using the Services.
11. INDEMNIFICATION
Except where applicable law prohibits, the Customer must indemnify YOURHODL and its affiliates for any damages caused by the Customer’s use of the Services.
12. PAYMENT CARD SERVICE TERMS AND CONDITIONS
YOURHODL uses third-party services to enable Customers to make payments on the YOURHODL website using their existing credit or debit cards (“Credit Card Services” and “Credit Card Service Provider”).
These provisions in this section apply exclusively when the Customer pays for the Services using a credit card.
12.1. SHARING OF INFORMATION
YOURHODL may share personal information with the Credit Card Service Provider to provide Credit Card Services, which will be done through the Credit Card Service Provider’s website when Customers use credit cards. The Customer transfers personal information to the Credit Card Services Provider after selecting a payment method using the Credit Card Services Provider’s Credit Card Services. For this section, personal information means information that identifies the Customer, including information provided by the Customer through the website registration form, such as the Customer’s email address, country, and city, and information provided through social websites or any other identifying information provided by the Customer when using Credit Card Services Provider’s website services. In addition, YOURHODL may share any non-personal information provided by the Customer while using the services on the Credit Card Services Provider’s website with the provider. The provider will use this information to conduct preliminary research and determine whether customers can use their Credit Card Services. YOURHODL will provide the Customer’s website transaction history without any identifiable information.
12.2. PROVISION OF PERSONAL DATA
By accepting these terms and conditions, Customer represents that all information provided by Customer to YOURHODL and the Credit Card Service Provider is true and accurate. The Customer is not legally obligated to provide any personal information to YOURHODL and the Credit Card Service Provider. Currently, the customer acknowledges and agrees that personal information is allowed for YOURHODL and the Credit Card Service Provider to use the Services at their sole discretion.
12.3. USE OF CREDIT CARD – LIMITATION OF THE OUTPUT OF THE MINING RESULT
Suppose the Customer enters the Agreement and pays by credit or debit card. In that case, the Customer agrees to be temporarily prohibited from withdrawing any cryptocurrency amounts from the mining result within 30 days of making the Payment. YOURHODL implements this restriction to prevent possible refunds after the Client receives their mining result.
12.4. REFUND DISPUTES
Suppose the Customer initiates a chargeback dispute regarding a prepayment made. In that case, YOURHODL will suspend the Services. The Customer will not receive any cryptocurrencies from the mining result during the chargeback dispute and at the end of such dispute, regardless of the outcome and resolution of the chargeback.
13. OTHER PROVISIONS
13.1. TRANSFER OF RIGHTS
The customer may only transfer or otherwise assign rights under the Agreement with YOURHODL’s prior written consent. Any transfer or assignment in violation of this section shall be void. In addition, Customer shall be the beneficiary of any cryptocurrencies generated and received as a result of the Services under this Agreement. YOURHODL may assign the Agreement without the Customer’s Customer’s) in connection with a merger, acquisition, or sale of all or substantially all of its assets, or (ii) to any affiliate or as part of a corporate reorganization. Upon such assignment, the assignee assumes YOURHODL’s role as a party to the Agreement, releasing YOURHODL from all obligations and liabilities under this Agreement.
13.2. CHANGE OF CONTROL
In the event of a change in control of Customer (e.g., through the purchase or sale of stock, merger, or another form of corporate transaction): (i) Client shall notify YOURHODL in writing within thirty days of the Change of Control; and (ii) YOURHODL may immediately terminate this Agreement at any time within thirty days of receipt of such written notice.
13.3 DISPUTES
Any party involved in a dispute or controversy arising from or relating to this Agreement, the Customer’s use of the Services, or any other Customer-related matter shall submit the dispute for resolution in YOURHODL’s courts of record. Notwithstanding YOURHODL’s communication, YOURHODL and the Customer agree that YOURHODL retains the right to take legal action to prevent infringement or abuse of YOURHODL’s intellectual property rights.
13.4. COMPLYOURHODL’s AGREEMENT
This Agreement sets forth all terms and conditions agreed to between the parties and supersedes all prior and contemporaneous agreements of the parties concerning the subject matter of the Agreement. In entering into the Agreement, the parties are not relying on any provisions, representations, or warranties not expressly set forth herein. After that, they lose the right to enforce provisions, representations, warranties, and any associated remedies. This document references other terms and conditions (including the Terms and Conditions posted at the specified address) and incorporates them into the Agreement. After the Effective Date, YOURHODL may update any URL references in this Agreement.
13.5. FORCE MAJEURE CIRCUMSTANCES
Neither party shall be liable for failure or delay in performance if caused by force majeure circumstances, such as acts of God, acts of terrorism, insurrection, or war. Force majeure circumstances include, but are not limited to, updates to the validation rules of a particular blockchain (such as “hard fork” or “soft fork”). YOURHODL protects the customer’s “security” by reserving the right to cryptocurrencies if the authorities of the customer’s state of residence prohibit using cryptocurrencies, mining, or blockchain technology. YOURHODL creates additional guarantees for the Client, reserving the right to redeem cryptocurrencies in any situation, including force majeure circumstances defined above.
13.6 LANGUAGE
All communications and notices made or given under this Agreement shall be in English. If we provide a translation of the English language version of this Agreement, the English language version will take precedence in the event of inconsistency.
13.7. NOT AN AGENT
This Agreement does not constitute an agency contract or create a partnership or joint venture between YOURHODL and the Client.
13.8. NOTICES TO CLIENT
YOURHODL may notify Client under this Agreement by (i) posting such notice on YOURHODL’s website or (ii) sending a message YOURHODL’smail address associated with Client’s account. Notices given by posting on the Client’s YOURHODL website are effective upon posting, and notices provided by email are effective upon sending. The customer is responsible for keeping their email address current. The customer receives any communication sent to the email address associated with its account at the time of sending, regardless of the receipt.
13.9. NOTICES TO YOURHODL
To give YOURHODL notice under this Agreement, Customer must contact YOURHODL in person or by registered mail to the mailing address listed on the YOUHODL website. We may update this address by posting a notice on the Platform. Notices given in person count as received at the time of transmission. Notices sent by registered or certified mail count as received five business days after delivery to the post office.
13.10. OTHER LEGAL PROVISIONS
The purchase of a mining contract or other purchases made on the Platform shall not contravene the laws of the country where the Client resides. The Client shall independently pay all tax payments stipulated by the Client’s country of residence laws. YOURHODL prohibits the Client from making purchases on the Platform using debit/credit cards not belonging to them without the notarized authorization of the present cardholder, which YOURHODL may request at any time.
Pricing Explanation:
The value of mining contracts is adjusted depending on various factors such as cryptocurrency exchange rate, network complexity, and electricity price (for the last 3 months). The contract price is fixed at the time of purchase and remains unchanged for subsequent price changes on the site. YOURHODL will not compensate the Customer for any difference in the contract price after adjusting the contract value.
Explanation of fluctuations in computing power
Fluctuations in computing power may be unavoidable due to network instability, the performance of mining equipment, and luck in the mining pool. YOURHODL cannot guarantee 100% stability of mining.
Explanation of Uncontrolled Risk
YOURHODL shall not be liable for failure to fulfill its obligations under the mining contract in the event of force majeure. The list of force majeure events includes, but is not limited to, natural disasters such as floods, volcanic eruptions, earthquakes, landslides, fires, storms, and adverse weather conditions; government actions and official decrees; power outages; wars; strikes; and riots.
13.11. AUTONOMY OF PROVISIONS:
If any part of this Agreement is held invalid or unenforceable, the remaining portions of this Agreement shall remain in full force and effect. Any invalid or unenforceable portions the parties interpret in a manner consistent with the intent and Purpose of the original text. If such interpretation is impossible, we will remove the invalid or unenforceable portion from this Agreement, but the remainder will remain valid.
The YOURHODL User Agreement (“Agreement Specifications”) includes specific “cations for determining “the price, processing power/hash rate, term, and other pricing factors of the Customer’s Agreement with YOURHODL. By clicking “Agree” to the Agreement, Customer accepts and agrees to all Agreement Specifications.
14. USE OF CLIENT CONTACT INFORMATION
The Client grants YOURHODL unconditional consent to use the Client’s email and cell phone to make calls, send emails and messages to the Client for promotional purposes and offers, and receive feedback from the Client on satisfaction with the services.
Appendices:
– Privacy Policy available at https://yourhodl.market/privacy-policy/
– Refund Policy available at https://yourhodl.market/return-policy/
