BMINE (Czech) s.r.o.

TERMS OF USE

1. Introduction

BMINE (Czech) s.r.o., a company duly incorporated, organized, and existing under the laws of the Czech Republic, Czech company number (identifikační číslo): 21518700, having its registered address at Cimburkova 916/8, Žižkov, 130 00 Praha 3, Czech Republic (hereinafter referred to as “BMINE” or “Company”).

The content of this website is owned by BMINE and is protected by copyright law as a collective work and a compilation.

The website https://bmine.cz/ is designed for informational purposes only. We have taken all reasonable care in producing and publishing the information contained on this website.

The information is in no way intended to provide financial, tax, accounting, investment, business, or legal advice. In addition, this information should in no way be construed as an offer of securities. Investors are advised to discuss any trading with a registered securities broker or personal finance professional prior to investing.

BMINE and its officers, directors, subsidiaries, affiliates, contractors, agents, employees, licensors, and/or third-party content providers are in no way responsible or liable for any damages whether they be direct, indirect, consequential, incidental, punitive, exemplary or general damages, contribution or indemnity, of any kind whatsoever, however caused, including loss of profits, caused by or arising from, or reliance on the information contained herein the links to other sites as contained in this website or any information on such sites, or any delays, inaccuracies, errors or omissions in the information contained on this site, to the maximum extent permitted by the applicable laws.

No monetary authorities of any other country or jurisdiction have in any way verified or approved this information, and BMINE makes no representations or warranties in this regard.

BMINE has taken all reasonable steps to create and publish the information contained on the website and will strive to do so on a regular basis. However, such information is not intended to provide an exhaustive overview of all issues and events concerning the Company, and the Company cannot guarantee the accuracy, relevance, or completeness of the information at all times.

The materials on the website may still contain technical or other inaccuracies, omissions, or typographical errors for which BMINE is not responsible.

BMINE does not guarantee or make any representations about the use, validity, accuracy, completeness, or reliability of any statements or information on the site.

A. Terms of Use

(The term “Use” will mean any access, download, reproduction, installation, copying, demonstration, and/or other use, as the case may be) of our services provided by BMINE that allow to issue, manage, transfer, lease, and exchange tokens, as well as exchange other tokens for tokens.

Please read these Terms of Use carefully before using our Services. These Terms of Use form a binding Agreement between the company BMINE (“Company”, “us”, “we”) and you as a User.

The term “You” or “User” refers to any person or entity browsing, accessing, downloading, and reproducing tokens. A copy of these Terms of Use may be downloaded, saved, and printed for your reference.

B. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OUR SITE OR USE OUR SERVICES.

THE COMPANY BELIEVES THAT THE INFORMATION PRESENTED IS ACCURATE AND THAT IT WAS OBTAINED FROM SOURCES THAT THE COMPANY BELIEVES TO BE RELIABLE. HOWEVER, THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION. SUCH INFORMATION MAY CHANGE WITHOUT PRIOR NOTICE. DECISIONS TO USE, HOLD, TRANSFER, TRADE, OR MAKE OTHER TRANSACTIONS WITH CRYPTO ASSETS INVOLVE A HIGH DEGREE OF RISK AND ARE BEST MADE BASED ON THE ADVICE OF QUALIFIED FINANCIAL PROFESSIONALS.

ANY DEALINGS WITH CRYPTOCURRENCIES AND OTHER CRYPTO ASSETS INVOLVE A RISK OF SUBSTANTIAL LOSSES. BEFORE UNDERTAKING ANY ACTION AND USING BMINE WE STRONGLY ADVISE YOU CONSULT A QUALIFIED FINANCIAL PROFESSIONAL.

PLEASE CONSIDER CAREFULLY WHETHER SUCH INVESTING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION AND ABILITY TO BEAR FINANCIAL RISKS.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR POSSIBLE NEGATIVE CONSEQUENCES THAT YOU OR SOMEONE ELSE WILL INCUR AS A RESULT OF ANY CRYPTO TRANSFER AND/OR EXCHANGE OR INVESTMENT ACTIVITY.

You hereby confirm and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms. By using our Services and/or our token, you confirm, acknowledge, and guarantee that:

1. you are at least 18 (eighteen) years old;
2. you are of legal age to accept this Agreement according to your residence country legislation;
3. you comply with the laws and regulations of your country of residence;
4. you are not listed in any national, regional, and/or international sanctions lists;
5. you reside in a country in which our Website, Platform, and/or Services are legally accessible;
6. you have the full capacity and authority to enter into this Agreement;
7. you do not and will not use/intend to use our Services for anything that is unlawful, malicious, or that could disable, overburden, or impair the proper working of our Website, Platform, and/or Services, or may hurt our reputation or otherwise pose any threat to us;
8. you have Our token wallet address;
9. when you buy Our token or NFT on the site, it will be transferred to your wallet within no more than 5 working days;
10. you agree and understand that you are always responsible for your behaviour, actions, and omissions;
11. you accept the risks relating to Virtual Assets;
12. you have enough knowledge relating to Virtual Assets to use our Services, and understand that you are solely responsible for determining the nature, potential value, suitability, risks, and appropriateness of our Services;
13. you agree to indemnify and hold harmless the Company and any of its affiliated persons against all suits, claims, costs, losses, damages, or demands (including w/r/t property loss, tax claims, infringements of intellectual or personal rights) in case of your non-compliance with these Terms;
14. it is legal to accept BMINE according to legislation in your country of residence;
15. you agree with our AML/KYC measures;
16. you agree with our AML/KYC Policy.

By entering these Terms and using Our token and/or Services, you will warrant and represent that:

1. you have full capacity to contract under applicable law;
2. you will only be transacting via our tokens with legally-obtained funds that belong to you;
3. you will not be performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us, and/or other activities that can damage our business reputation;
4. you will not use BMINE for illegal purposes, including money laundering of criminal proceeds, transfer or receipt of payment for planning, preparation, or commitment of a crime, for financing terrorism and illegal trade;
5. you will not use our token for any purpose prohibited by these Terms or in any manner that could damage, disable, overburden, or impair the Company;
6. you will be complying with and obeying all applicable laws, including but not limited to securities and capital market legislation, anti-money laundering and counterfeiting terrorism, consumer protection laws, financial promotion.

2. Service Description

In accordance with clause 81 of the Annex 4 of the Act No. 455/1991 of the Czech Republic on Trade Licensing (“Czech Trade Licensing Act”), BMINE has an authorisation (license) to provide its services related to virtual assets to its Users.

Our services provided by BMINE allow us to issue, manage, transfer, lease, and exchange tokens, as well as exchange other tokens for tokens.

Our services also include:

1. Purchasing NFT on our NFT Marketplace;
2. Paying for goods in online stores;
3. Paying for game mechanics such as NFT Maintenance inside the NFT Game;
4. Paying for a variety of services, including for mining by digital miners, hosting of real equipment, and partner programs;
5. Receiving royalties from sales, and so on.

Please note: BMINE does not provide "financial services" relating to the issuance, offer, or sale of a virtual asset. BMINE does not provide services related to securities as well.

3. AML/CFT Compliance

In accordance with article 2(1)(l) of the Act No. 253/2008 of the Czech Republic on selected measures against legitimisation of proceeds of crime and financing of terrorism (as amended) (“Czech AML/CFT Act”), BMINE is an obliged person, which means that it shall comply with applicable AML/CFT legislative requirements. More information on our AML/KYC measures and procedures can be found in more detail in our AML/KYC Policy.

We may also ask you to pass a verification procedure as a condition of access to our Services. We are required by law to carry out all necessary security and customer due diligence checks on you. You agree to comply with any request from Us for further information and provide such information in a format acceptable to Us.

In addition, you agree that We may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to Us, including checking commercial databases or credit reports.

4. Risk of Blockchain Technology Usage

You should only use our Services if you fully understand and accept the risks involved.

You understand that blockchain technologies, including BMINE technology and other associated and related technologies, are new, untested, and outside of your or the Company’s control, and adverse changes in market forces or the technology, broadly construed, may cause non-performance by the Company under this Agreement.

By utilizing BMINE or interacting with the content in any way, you represent that you understand the inherent risks associated with blockchain systems; and warrant that you have an understanding of the usage and intricacies of blockchain-based software systems and crypto tokens.

5. Volatility of Cryptocurrencies

You understand that crypto assets and other blockchain technologies and associated currencies or tokens are highly volatile due to many factors, including but not limited to adoption, speculation, regulatory changes, technology, and security risks.

Changes in relevant networks may result in sudden changes to the value and/or usability of your crypto assets. You acknowledge these risks and represent that the Company cannot be held liable for such risks and related costs.

6. Sophistication

The services of BMINE are complex and carry a high level of risk and are not appropriate for users who do not possess the appropriate level of knowledge and experience to deal with crypto assets.

The Company is not obliged to assess the suitability of the services for users, and any comment or statement which may be made by the Company as to the suitability of the services for users should under no circumstances be considered as investment or legal advice and should not be received or relied upon as such.

7. Unfavourable Regulatory Environment

Cryptocurrencies and blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of our token could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions of use of crypto assets. The Company and its third-party service providers have implemented and maintained commercially reasonable technical and organizational security measures designed to meet the following objectives:

1. ensure the security and confidentiality of your data;
2. protect against anticipated threats or hazards to the security or integrity of your data;
3. protect against unauthorized access or use of your data.

However, we cannot guarantee that unauthorized third parties will never be able to circumvent these measures to access your data for inappropriate purposes.

Herewith, you acknowledge and agree that you access and use Our token at your own risk. The risk of losing the value of held and traded crypto assets can be significant.

You agree to release and to indemnify, defend, and hold harmless the Company and its parents, subsidiaries, affiliates, and agencies, as well as officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs), claims, or actions of any kind whatsoever arising or resulting from your use of the BMINE token, your violation of these Terms of Use, and any of your acts or omissions that implicate publicity rights, defamation, or invasion of privacy.

The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in the defense of such matter.

Your use of our token is at your own risk. To the maximum extent permitted by the applicable laws, in no event will the Company be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the BMINE token, the delay or inability to use BMINE, or otherwise arising in connection with BMINE, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of any such damages.

You expressly understand and agree that your use of the BMINE token is at your sole risk. BMINE is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to or use BMINE; which third-party websites and services you use with the help of or via the software and the services; how you may use BMINE; or what actions you may take with the help of the BMINE token.

Unless the contrary is specifically provided in these Terms, any notice, instruction, request, or other communication to be given to us by users under these Terms shall be in writing and shall be sent to the email address below (or to any other address which we may from time to time specify to users for this purpose) and shall be deemed delivered only when actually received by us at: BMINE, [email protected].

8. Your Obligations

When using our Services, You shall:

1. act in good faith and adhere to these Terms as well as other provisions governing the usage of our Platform and/or Services as a User, and timely as well as properly fulfil your obligations to us;
2. provide us with information, documents, and data that is accurate, correct, up to date, and not misleading;
3. promptly (not later than on the same Business Day (in case of a non-Business Day, on the earliest Business Day) as you become aware of that) report to us any suspicions about compliance with these Terms;
4. at all times comply with all applicable laws and regulations, as well as with the warranties specified in these Terms.

9. Fees and Payment

Our Services or any part thereof are subject to a certain payment. If the Services will be subject to a payment, and you fail to pay, we will have the right to terminate your use of the Service. Any applicable payments will be processed by a third party who will hold your payment information in a secure manner.

10. Intellectual Property Rights

You acknowledge and agree that all documents, copyrights, trademarks, patents, trade secrets, and other Intellectual Property Rights relating to BMINE, including the systems, platforms, software, and documentation provided by BMINE to you, are the property of BMINE and/or the third party that granted BMINE the right to provide or supply them. They shall remain at all times the sole and exclusive property of BMINE or the relevant third party, and you shall have no right or interest in them except for the right to use them in accordance with these Terms.

11. Dispute Resolution, Place of Jurisdiction, and Governing Law

This Agreement is governed by the laws of the Czech Republic. In the event that the parties are unable to resolve a dispute, then the parties hereby irrevocably submit such Dispute to the jurisdiction of the courts of the Czech Republic.

Nobody else has any rights under this Agreement. This Agreement is between you and Us. No other person shall have any right to enforce any of its terms.

You may not transfer, assign, mortgage, charge, subcontract, declare a trust over, or deal in any other manner with any or all of your rights and obligations under this Agreement without our prior written consent.

We reserve the right to transfer, assign, or novate this Agreement or any right or obligation under this Agreement at any time without your consent.

If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us from taking steps against you at a later date.

12. Force Majeure

A Force Majeure Event includes, without limitation, each of the following: Government actions, the outbreak of war or hostilities, the threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, requisition, or any other international disaster, economic or political crisis, Act of God, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic or other natural disaster, labour disputes and lock-out, breakdown, failure or malfunction of any electronic network and communication lines (not due to our fault), any event, the circumstances of the entity that we cannot reasonably control, and the consequences of this event(s) are such that BMINE’s support team is unable to take any reasonable action to correct the situation.

The entire Agreement/assignment/these terms (and any additional terms, rules, and conditions of participation that the Company may post with respect to the provision of the BMINE token) constitute the entire Agreement between you and the Company with respect to the BMINE token and supersedes any prior agreements, oral or written, between you and the Company. In the event of a conflict between these Terms and the additional terms, rules, and conditions of participation, the latter will prevail over the Terms to the extent of the conflict. We may assign these Terms to our parent company, affiliate, or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or a substantial amount of its assets.

The Company’s failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You bear the sole responsibility to determine if your use of Our token and/or any other action or transaction you made have tax implications for you and for payment of all applicable taxes.

By using our token, and to the extent permitted by law, you agree not to hold us liable for any tax liability associated with or arising from the operation of the Company or any other action or transaction related to BMINE.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE BMINE TOKEN.

YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF BMINE TOKEN MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORISED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE BMINE TOKEN IS AT YOUR OWN RISK.

RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATED PERSONS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY INCIDENT, DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER DAMAGES RESULTING FROM THE SERVICE; THE USE OF OUR TOKEN; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR TOKEN; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR INTERNET OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS, OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE; ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE BMINE TOKEN OR USE THE BMINE TOKEN; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPING, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO OUR TOKEN.

NO REFUND POLICY

Taking into account our business industry practice, please be advised that it is BMINE’s policy that no refunds are allowed to the maximum extent permitted by the applicable laws.

For in-app purchases of NFT Miners via Apple and Google: We need up to 90 days to verify your purchase. Until then, you’ll not be able to list your NFT Miner for sale or withdraw (mint) it from your BMINE Virtual wallet to another crypto wallet.

Our general policy is that we do not provide any refunds. If you do not agree with the terms and conditions of our refund policy, you shall not purchase tokens and NFTs. The purchase of tokens and/or NFTs means that you have read, understood, and agreed to be bound by our refund policy.

13. Marketing Communication

All marketing communications from BMINE will be accurate, clear, and transparent.

We commit to providing information that is factual and not misleading, ensuring that all claims are substantiated.

Our marketing practices will be fair and ethical. We will not exploit User's lack of knowledge or experience and will avoid aggressive sales tactics.

We adhere to all applicable laws and regulations concerning marketing communications. This includes compliance with consumer protection laws, advertising standards, and data protection regulations, taking into account the specificities of our business industry.

14. Conflict of Interest

BMINE will also disclose any potential conflicts of interest that may arise in the provision of our Services. We will act fairly and transparently to mitigate or completely eliminate any conflicts and ensure that our business interests do not affect your rights, taking into account our business industry practice.

BMINE provides you with all necessary information regarding our services, including the nature of the services, the risks involved, and any applicable legal rights. We ensure that this information is presented in a clear, comprehensible, and non-misleading manner.

If you have any questions or concerns regarding these Terms, please do not hesitate to contact us for further clarification. You can reach us at: [email protected].

15. Changes and/or Modification to these Terms

We may update these Terms from time to time. We may update these Terms periodically to reflect changes in our business practices or legal requirements. The updated version will be indicated by the date of the last update above. If we make material changes to these Terms, we may notify you by posting the Terms on Our website or by sending the Terms directly to you (for example, by e-mail). We encourage you to review these Terms frequently to be informed of how we are protecting your information.