GoMining (Czech) sro.

TERMS OF USE

GoMining (Czech) sro., 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 “GoMining” or “Company”). The Company

The content of this website is owned by GoMining and is protected by copyright law as a collective work and a compilation. The website https://gomining.com/ 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. Users are advised to discuss any trading with a registered securities broker or personal finance professional prior to using our goods and/or services. GoMining 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.

No monetary authorities of any other country or jurisdiction have in any way verified or approved this information, and GoMining makes no representations or warranties in this regard. GoMining 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 GoMining is not responsible. GoMining does not guarantee or make any representations about the use, validity, accuracy, completeness, or reliability of any statements or information on the site.

The Company has entered into two strategic partnership agreements: one with GoMining (BVI) Limited, a company incorporated, organized and existing under the laws of the British Virgin Islands, BVI company number: 2110978, having its registered address at Trinity Chambers, PO Box 4301, Road Town, Tortola, British Virgin Islands (GoMining (BVI) Limited is the issuer of GOMINING token and the Company has the right to distribute GOMINING tokens) and another one with GoMining (BVI) Limited, a company, incorporated, organized and existing under the laws of the British Virgin Islands, BVI company number: 2120412, having its registered address at Trinity Chambers, PO Box 4301, Road Town, Tortola, British Virgin Islands (GoMining (BVI) Limited is the issuer of digital miners (NFTs) and the Company has the right to distribute digital miners (NFTs)).

As used herein, GOMINING token means the token issued by GoMining (BVI) Limited. Digital miner, miner or NFT means digital miner (NFT) issued by GoMining (BVI) Limited.

1. 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 GOMINING token and related services 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 GOMINING tokens. These Terms of Use form a binding Agreement between the Company 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.
2. Services Description. In accordance with clause 81 of the Annex 4 of Act No. 455/1991 of the Czech Republic on Trade Licensing, GoMining has an authorisation (license) to provide its services related to virtual assets to its Users. Our services allow us to issue, manage, transfer lease and exchange tokens, as well as exchange other tokens for tokens. Our services also include:
   • Purchasing NFT on our NFT Marketplace;
   • Paying for goods in online stores;
   • Paying for game mechanics such as NFT Maintenance inside the NFT Game;
   • Paying for a variety of services, including for mining by digital miners, hosting of real equipment, and partner programs;
   • Receiving royalties from sales, and so on.
   • GoMining does not provide "financial services" relating to the issuance, offer or sale of a virtual asset. GoMining 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), GoMining 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, you can find in more detail in our AML/KYC Policy, available at www.gomining.com 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. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OUR SITE, USE OR BUY GOMINING TOKEN. 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 GOMINING TOKEN WE STRONGLY ADVISE YOU CONSULT A QUALIFIED FINANCIAL PROFESSIONAL. PLEASE CONSIDER CAREFULLY WHETHER SUCH ACTION 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 OTHER RELATED ACTIVITIES.

   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 GOMINING token you confirm that:

   you are at least 18 (eighteen) years old;

   you are of legal age to accept this Agreement according to your residence country legislation;

   you comply with the laws and regulations of your country of residence;

   you have the full capacity and authority to enter into this Agreement;

   you have a GOMINING token wallet address;

   when you buy GOMINING token or NFT on the site, it will be transferred to your wallet within no more than 5 working days;

   you agree and understand that you are always responsible for your behavior, actions, and omissions;

   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;

   it is legal to accept GOMINING token according to legislation in your country of residence;

   you agree with our KYC measures;

   you agree to our Compliance policy and affirm that you are not a citizen of any country listed in Appendix 2 of that policy.

5. By entering these Terms and using GOMINING token you will warrant and represent that:

   you have full capacity to contract under applicable law;

   you will only be transacting via GOMINING tokens with legally-obtained funds that belong to you;

   you will not be performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us;

   you will not use GOMINING token 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;

   you will not use GOMINING token for any purpose prohibited by these Terms or in any manner that could damage, disable, overburden, or impair the Company;

   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.

6. Risk of Blockchain Technology Usage. You understand that blockchain technologies, including GoMining 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 nonperformance by the Company under this Agreement. By utilizing GOMINING tokens 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.
7. 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.
8. Sophistication. Our services 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.
9. Unfavorable regulatory environment. Cryptocurrencies and blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the GOMINING 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: (a) ensure the security and confidentiality of your data; (b) protect against anticipated threats or hazards to the security or integrity of your data; (c) 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 the GOMINING token at your own risk. The risk of losing the value of held and traded crypto assets can be significant.
10. 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 GOMINING 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.
11. Your use of the GOMINING token is at your own risk. 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 GOMINING token, the delay or inability to use GOMINING token or otherwise arising in connection with GOMINING token 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 GOMINING token is at your sole risk. GOMINING token 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 GOMINING token; which third party websites and services you use with the help of or via the software and the services; how you may use GOMINING token; or what actions you may take with the help of the GOMINING token.
12. 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 [email protected]
13. Dispute Resolution and Governing Law. 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.
14. Subscription Conditions and Procedures (iOS). We offer subscription services and enable our Gomining App users on iOS to use subscriptions, which provide access to exclusive features and enhanced functionality. Please note: This section applies only to users who have activated a subscription. If you have not activated your subscription, this section does not apply to you. The subscription provides the user with the opportunity to upgrade their miner's power monthly for the amount specified in the Subscription Offer. These Terms of Use, as well as Privacy Policy shall apply to the Subscription Offer, and shall form and constitute integral and mandatory parts of the Subscription Offer. The subscription service is available to all users registered in the Gomining App (hereinafter referred to as the “App”). Users must be at least 18 years old to sign up. The detailed terms and prices are provided in this section and the Subscription Offer. The Subscription Offer includes the terms of subscriptions plans, as well as other important conditions. By purchasing Subscription, you agree that you are authorising recurring payments, which will be made to us using the payment method you selected until the subscription is cancelled by you or us. We adhere to the subscription conditions, guidelines and documentation, developed by Apple: https://developer.apple.com/app-store/subscriptions/#providing-subscription-information-in-your-app, which apply to our subscription services based on the principle of mutatis mutandis.
15. Subscription Activation and Usage. The user can subscribe to a power upgrade for their miner through the App. The first power upgrade will be performed immediately after subscribing. Subsequent power upgrades will occur monthly for the amount specified in the Subscription Offer. To subscribe, the user needs to click the “Subscription” button indicating the cost. Below the button, there is also a link to the Subscription Offer, Terms of Use, and Privacy Policy. The user can only subscribe and use the service by agreeing to all the specified links. The user has the right to switch the subscription to another miner at any time without changing the tariff. The subscription is automatically renewed unless cancelled 24 hours before the end of the current period.
16. Subscription. A miner with an active subscription displays the corresponding tag indicating the presence of a subscription. All upgrades made under the subscription are recorded in the user's upgrade history and the overall upgrade history.
17. Subscription Management. A button for managing the subscription has been added to the "Profile" section of the App. A "Restore Purchases" button has been added to the "Profile" section, which checks the user's active subscriptions and restores them if necessary. On the power upgrade screen, a "Monthly Upgrade" button is added. If the user has an active subscription, the current subscription will be displayed on the screen. If the subscription is active and package upgrades are not available, a button to cancel the subscription will be displayed. The subscription is only available for miners with a level of 15 or lower. The subscription is not available for Greedy machines and also not available for miners with reinvestment enabled. Users can also manage their subscriptions through their Apple ID settings, not just through our App.

18. Important notes on Subscription Plans. Please note: Each subscription plan includes a monthly upgrade to the miner's power corresponding to the subscription amount. Once per month, the selected miner will be upgraded by purchasing additional terahashes (TH) equivalent to the subscription amount. There is no trial period available for the subscription plans. Subscriptions cannot be purchased without an active account and an existing miner. Please note: The cost of terahashes (TH) provided by our service is calculated based on a combination of the electrical efficiency (EE) of the miner and the level of the miner within our product. The specific factors include, but are not limited to:

    Electrical Efficiency (EE): The amount of electrical power consumed per terahash (TH) generated.

    Miner Level: The classification or tier of the miner as determined by our system. We have a detailed and developed table outlining the cost per terahash (TH) based on the varying levels of electrical efficiency (EE) and miner levels. This table is subject to periodic updates based on market conditions, technological advancements, and operational costs.

    All other important conditions you can find in the Subscription Offer, which forms and constitutes a mandatory, integral and binding part of these Terms.

19. Subscription status on the subscription management screen. If the user does not have an active subscription, then he/she can choose a subscription from those available for this miner. If the user has a subscription to this miner, the screen opens with the pre-selected plan of the current subscription:

    on the current subscription plan, we display the date of the next upgrade (write-off);

    the number of TH that is likely to be added and plus to Net reward and Pool payout;

    “Unsubscribe” button - opens the unsubscribe confirmation modal.

20. If the User selects any other plan except the current one, then we show the calculator and the “Subscription” button. When subscribing, we show the modal that the plan will be changed. The subscription will start from the current date. If the user has a subscription on another miner, the screen also opens with the pre-selected plan of the current subscription. On the current plan, we show a calculator, but instead of the "Subscribe" button, the "Switch miner" button causes the modal to switch subscriptions to another miner. Switching subscriptions to another miner takes place without unsubscribing and without changing the subscription on the iOS side. If you select any other plan except the current one, then we show the calculator and the subscribe button. When subscribing, we show a special modal that the plan and miner will be changed. The subscription will start from the current date.
21. Display of Subscription on Other Platforms. Information about the user's active subscription will be displayed on the web version and on Android devices. Subscription management is available through iOS devices. A corresponding notification will be displayed on the web version and Android devices.
22. Payment for Upgrade via Subscription. Payment for an upgrade through a subscription is considered an upgrade under the trial period conditions, if such a period is provided. Upon successful upgrade through the subscription, current messages about the successful upgrade will be sent.
23. Changing Subscription Plan. The user can change their subscription plan at any time. In the event of a subscription plan change, the new subscription will start from the date of the plan change. The first power upgrade under the new plan will be performed immediately.
24. Cancelling a Subscription. You can cancel your subscription any time. To cancel your subscription, please follow the instructions in our App settings. If you purchased a subscription using your Apple ID, you can cancel your subscription through your device's Account Settings or in the Manage Subscriptions section of the Apple App Store. If you purchased Subscription using Google Play, you can cancel your subscriptions by visiting the Subscriptions section of Google Play. Your subscription will remain active from the time you cancel until the end of your current billing period, and you will not receive a refund or credit for any remaining days in your current billing period. Deleting your account or removing our App from your device does not cancel your subscription. Please note: Refunds are typically handled by Apple, and in case of refunds, we advise users to contact Apple support, available at: https://support.apple.com/en-us/118223. On this page, you can find instructions on how to request a refund for apps, media, and subscriptions purchased through the App Store. In case of any concerns or issues, please contact our Support Team at the following e-mail address: , and we will strive to support you with your request.
25. Taxes, Fees and Refunds. You are responsible for all applicable taxes, data plans, internet fees, and other fees associated with your use of our Services. Generally, all charges for purchases are non-refundable, unless otherwise provided in the applicable mandatory provisions of laws and regulations taking into account the business industry standards. Please note: the Company, in its sole and absolute discretion, may rescind any transaction with you. If this is the case, the Company returns the funds which you have paid within 120 (one hundred and twenty) calendar days immediately following the receipt of your funds. The funds paid by you shall be interest free and shall not accrue any interest. It is not possible to get a “partial refund” or credit if a user wishes to cancel their recurring subscription early – it will remain valid until the end of its purchased duration.

26. Restrictions and Prohibitions. Please be aware that:

    Subscriptions are not permitted for miners above level 15;

    Subscriptions are not permitted for Greedy machines;

    Subscriptions are not permitted for miners with reinvestment enabled;

    Sale and withdrawal of a miner with an active subscription are prohibited;

    Account deletion is prohibited if an active subscription is present;

    You are not allowed to:

    Have multiple accounts in the system;

    Transfer an account to third parties (managing an account from another user, mulling);

    Forge documents or use someone else's documents for KYC;

    Abuse traffic arbitrage (cheating referrals, exposing registration bonuses, etc.);

    Engage in chargeback fraud (purchase and instant request for a refund);

    Do wash trading (purchase and sale of miners on the secondary market to transfer funds).

    Engage in other illegal, unfair or unethical practices

27. If you fail to comply with, and adhere to, these Terms of Use we reserve the right to any of the following (without prejudice to other rights and remedies otherwise available to use hereunder or under the applicable laws and regulations):

    Fully or partially block your account until the information, documents and explanations have been provided to our satisfaction. You understand, acknowledge and agree that the block of the account may lead to the freeze of the funds accumulated and held in your account;

    Withhold and forfeiture of your funds;

    Add your and/or your account and/or your wallet address to the blacklist.

28. Other Subscription Conditions. Our subscriptions work on all of the user’s devices where the App is available. We do not force our users to rate our App, review the app, download other apps, or other similar actions in order to access functionality, content, or use of the App. Our App provides a seamless user experience, including easy access to subscription management features and clear communication about subscription benefits and limitations. All key details (pricing, features, renewal terms) are prominently disclosed before users complete the subscription process. Our App does not offer currency for completing tasks, such as downloading other apps, encouraging other users to download, posting to social networks, etc. We allow our users to get what they’ve paid for without performing additional tasks, such as posting on social media, uploading contacts, checking in to the app a certain number of times, etc. We do not take away the primary functionality existing users have already paid for. Please note: Our App does not use the resources of the user's device (processor, GPU, etc.) for mining cryptocurrencies. All calculations and data processing take place on remote servers, and not on the user's device itself. Our App by no means attempts to scam users, or otherwise trick users into purchasing a subscription under false pretences or engage in bait-and-switch and scam practices. Our App implements appropriate security measures to ensure proper handling of user information collected, as well as it prevents unauthorised use, disclosure, or access by third parties When users install our App from the App Store, they can feel confident that it’s safe, and the App doesn’t contain illegal, upsetting or offensive content, won’t damage their device, and isn’t likely to cause physical or other harm from its use. We strive to make our services available for all users all the time, but our clients acknowledge and agree that occasional technical issues may occur, temporarily preventing us from delivering services to our users, which shall be considered as a force-majeure circumstance. In this case, we will not compensate you for any direct or indirect loss resulting from our temporary inability to provide any free or paid services. Certain jurisdictions may impose regulatory limitations and/or prohibitions. You are solely responsible for complying with applicable law. You explicitly acknowledge and agree that we are not liable in the event of sanctions, fees, and any form of legal or administrative action incurred as a result of or in relation to your use of our services and/or Apps provided by us. Failure to comply with the subscription conditions may result in a temporary or a permanent ban from our services. In such instances, you might lose the benefits of subscription and we will not compensate you for this loss. We can decide to stop offering subscriptions at any time, including in response to unforeseen circumstances beyond our control, or to comply with a legal requirement. In this case we may cancel your subscription and refund the prorated portion of any prepaid subscription fee equal to the remaining unused term of the subscription.
29. Pricing and Terms. While we do not anticipate frequent changes to the prices of our subscription services, we reserve the right to change both these terms and the fees in effect on renewal of your subscription, to reflect factors such as changes to our business, different product offerings, or new economic conditions. When we change the price of a subscription, we ask affected subscribers to agree to the new price. Our Users can keep track of their consent status before the change takes effect. Before displaying the price change sheet to affected users, we will explain the benefits of the subscription and how the price increase improves the service. If the user does not respond to the change, their subscription expires at the end of their current billing cycle.
30. Notifications. We will give you no less than 30 days' advance notice of any material changes via a message to your account and you will have the opportunity to cancel your subscription before the new fee comes into effect.
31. Third-party terms. If you obtain a subscription via a third party (e.g. Google Play, Apple App Store), your purchase may be further subject to the third party's terms as agreed between you and the third party. By issuing a chargeback or refund request for subscriptions paid for through a third party, you agree to allow the Company to release necessary data to that third party regarding your account status and subscription purchases. Any correspondence from us about the user’s account and/or subscription will be sent in our App. Messages from us will contain relevant information about your subscription or payment status – not special offers or promotions.
32. Correlation with other Sections of these Terms. This section shall apply as lex specialis provisions specifically to subscription services. In the event that this section does not regulate any particular relationship concerning subscription services, and if the Offer does not contain specific conditions addressing such matters, the provisions specified in these Terms shall be applicable in conjunction with the applicable Apple’ subscription guidelines and conditions, guidelines, and documentation, as well as applicable laws and regulations. In case of any inconsistencies and/or contradictions between this Section and other Sections of these Terms of Use concerning subscription-related issues, the provisions of the Section 31 shall take precedence over the conditions of other Sections of these Terms of Use. The remaining sections of these Terms shall apply to our subscription conditions and procedures mutatis mutandis, if they do not contravene to the essence and nature of this Section.
33. Miner Wars (prize competition). The Company provides Users with access to the game called Miner Wars (“Game”, “Gaming Content”). The Game is, in essence, an in-product gamification mechanism and the Game is not and is not purported to be gambling product (the Game, if anything, is a gaming product). Therefore the Company does not hold and is not required to hold any gambling or similar license in any particular jurisdiction. The rules of the Game are available at FAQ (“Game Rules”). The Game is free of charge. The Game mechanics is a prize competition. Paying a Boost (as the term is defined in the Game Rules) is optional and is not a requirement for the Game. The Game Rules are incorporated in the Terms of Use by reference, being its integral part, and constitute a legal agreement between you and the Company. The Company shall have the exclusive right to interpret and construe the Game Rules and to revise the Game Rules, either in part or in whole, in the sole and absolute discretion of the Company at any time. You acknowledge and agree that you are solely responsible for your in-game behavior. You are fully responsible for the actions committed via your account, including if they were made by someone who was not authorized to enter your account. In case of violation of the Game Rules, the Company may impose the Game ACCESS RESTRICTION and/or any other sanctions on your account at any time and without any explanation. The Company may but is not obliged to provide evidence of the violation, and an answer regarding the sanction imposed.
34. YOU ACKNOWLEDGE AND AGREE THAT THE GAME IS PROVIDED “AS IS” AND THAT THE COMPANY EXPRESSLY DISCLAIMES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE GAME, EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SUITABILITY, QUALITY, TITLE, AND NON-INFRINGEMENT. BY ACCESSING THE GAMING CONTENT OR THE WEBSITE, THE APPLICATION, OR THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, DAMAGES, CLAIMS, SUITS, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE GAMING CONTENT, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNATIVE, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER THE COMPANY HAS BEEN NOTIFIED IN ADVANCE THAT ANY SUCH DAMAGES OR LOSSES WOULD OCCUR. BY ACCESSING THE GAMING CONTENT OR THE WEBSITE, THE APPLICATION, OR THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE GAME RULES.
35. 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, labor 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 the Company’s support team is unable to take any reasonable action to correct the situation.
36. Mining Pools Election. Digital miner owners may, at their sole and absolute discretion, elect the "mining pools" in which your BTC will be mined and BTC payouts may differentiate among the mining pools. Real mining machines are attributable to a particular mining pool. Mining pools may be different in the terms of mining capacity represented by mining machines attributable to particular mining pools, BTC payout, cost of electricity and cost of maintenance, among other things. The current list of the mining pools is available at your personal account. The Company may, at its sole and absolute discretion, configure and reconfigure (create, adjust, liquidate) the mining pools without any negative implications of whatsoever nature and without payment of any compensations.
37. Entire Agreement. These terms (and any additional terms, rules, and conditions of participation that the Company may post with respect to provision of the GOMINING token) constitute the entire Agreement between you and the Company with respect to the GOMINING 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.
38. Waiver. 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 endeavor 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.
39. You bear the sole responsibility to determine if your use of the GOMINING token and/or any other action or transaction you made have tax implications for you and for payment of all applicable taxes. By using the GOMINING 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 GOMINING tokens.
40. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE GOMINING TOKEN. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF GOMINING TOKEN MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE GOMINING 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 THE GOMINING TOKEN; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GOMINING 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 GOMINING TOKEN OR USE THE GOMINING 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 GOMINING TOKEN.
41. No Refund Policy. Please be advised that it is the Company’s policy that no refunds are allowed. 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 GOMINING Virtual wallet to another crypto wallet. Our general policy is that we do not provide any refunds. Before purchasing both tokens and NFTs please make yourself aware of our refund policy available here. 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. The Company, in its sole and absolute discretion, may rescind any transaction with you. If this is the case, the Company returns the funds which you have paid within 120 (one hundred and twenty) calendar days immediately following the receipt of your funds. The funds paid by you shall be interest free and shall not accrue any interest.

42. Final provisions. GOMINING token and NFT (*) are hereinafter jointly referred to as the “Products”. The Company may, at its sole and absolute discretion, revise rebate and price policies, with the price of the Products and the price of electricity and equipment maintenance may be revised separately. The secondary market is a market where the Products are bought and sold in transactions between Users, rather than from the Company. The Company does not support, supervise or otherwise manage secondary market trading of the Products. The secondary market of the Products is supported by the Users and, as the case may be, other third parties. The User understands and acknowledges that there cannot be a secondary market for the Products. The Company provides the secondary market platform which under no circumstances can be treated as support, supervision or management of the secondary market for the Products by the Company. Daily payouts in BTC to the Users hinge on the number of factors, including, but not limited to, market conditions, demand and supply, price of electricity and equipment maintenance, situation on the cryptocurrency market and exchange rates of major crypto currencies. The User understands and acknowledges that there cannot be daily payouts BTC at all, with the amount of the daily payouts BTC may fall below user’s expectations or below the historical amounts which amounts under no circumstances may be treated as indicator or any promise of future payouts BTC. The Company reserves the right to change existing Products or introduce new ones from time to time at its sole and absolute discretion. Likewise, the Company reserves the right to change the features of the Products at its sole and absolute discretion.

    *all decisions concerning NFT are subject to preliminary approval by GoMining (BVI) Limited

43. Invoicing. Our invoices for purchase of respective Product will be issued to you as follows:
    1. Seller. The seller on the invoice shall be:
       • In the case of GoMining tokens – GoMining (BVI) Limited
       • In the case of NFT (for purchases made via marketplaces such as AppStore, GooglePlay, etc.) – SIA Yucca Digital
       • In the case of NFT (other than one purchased made via marketplaces) – GoMining (BVI) Limited
    2. Each invoice shall indicate: (i) the seller; (ii) the purchaser; (iii) the product (name of the product, quantity and, to the extent applicable, other characteristics); (iv) sale price; (v) sale currency; (vi) rebates (if any); (vii) VAT, sales tax and other similar taxes (to the extent applicable).
44. Bonus Miner. The bonus miner is a free virtual miner that allows you to test how mining works. The bonus miner is provided to you at the sole and absolute discretion of the Company. The bonus miner can be forfeited at the sole and absolute discretion of the Company at any time both for cause and for convenience without any compensation from our side. To keep the bonus miner running and earning BTC rewards, you need to complete tasks. The more tasks you complete, the longer the miner will work. Сompleting tasks extends the bonus miner's operational period. Rewards depend on pool performance and the Bitcoin exchange rate on the settlement day. Rewards earned by the bonus miner are credited to your balance. Withdrawals are only available after purchasing a real miner. The Company, at its sole and absolute discretion, may change / replace tasks. You do not have and shall not have any claims to and/or against the Company by virtue of ownership of bonus miner.
45. Referral Program. The GoMining referral program allows you to earn rewards by inviting friends to use the platform. You receive rewards for your referrals’ actions, such as purchasing new miners (generate), upgrading them, and using boosts in the MinerWars game. Rewards are credited in GOMINING tokens, which can be used for future purchases on the platform, covering maintenance costs, or boosting your performance in MinerWars. You can also withdraw GOMINING tokens to your wallet. The referral program is introduced and may be changed and/or closed at the sole and absolute discretion of the Company at any time both for cause and for convenience without any compensation from our side save for the payment of the amounts accrued as of the effective date of the referral program termination.
46. Ambassador Program. The GoMining ambassador program allows you to become a GoMining ambassador and receive additional payments for the electricity costs paid by your referrals. Ambassadors receive the same rewards from the referral program as all other users. In addition to this, ambassadors receive the following privileges: additional payments for electricity costs paid by their referrals; participation in special activities for ambassadors; payments for electricity are based on the electricity payments made by referrals, registered after the user is appointed as an ambassador. The ambassador program is introduced and may be changed and/or closed at the sole and absolute discretion of the Company at any time both for cause and for convenience without any compensation from our side save for the payment of the amounts accrued as of the effective date of the ambassador program termination.
47. Termination. We reserve the right to terminate our Agreement with you (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); (iii) if we no longer offer any of the services you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. The termination of this Agreement shall take immediate effect. Upon termination of this Agreement your right to use our Products and services shall immediately cease, and we will reimburse you the amount that you have paid to us without accruing any additional interest or late fees thereon. Termination of this Agreement shall not affect any rights and obligations which shall have accrued prior to such termination.
48. Additional legal considerations. You confirm and acknowledge that you are not purchasing the Products for personal use / personal purposes. We have the right to engage third parties to organize sales of any of the Products, but the services of such persons are paid at the expense of our margin, and not at your expense, and that you agree, confirm and acknowledge that we shall have the right to attract third parties to organize sales of any of the Products and that, by giving your consent, you act voluntarily, knowingly, and not under the influence of influence, delusion, deception or violence. Your purchase of any of the Products does not imply your obligation to purchase any additional number of the Products (other goods, works, and services) of the Company and/or its affiliates.

THE END OF THE DOCUMENT