PLEASE READ THE MINING RACE’S TERMS OF USE AND TERMS OF SERVICE (“Terms”) CAREFULLY BEFORE USING THE PLATFORM OR SERVICES DESCRIBED HEREIN. BY ACCESSING THE PLATFORM, USING MINING RACE SERVICES, OR DOWNLOADING OR USING MINING RACE SOFTWARE OR WALLET APPLICATION, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THESE TERMS, AS AMENDED FROM TIME TO TIME, AND YOU ARE AGREEING TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, OR ANY SUBSEQUENT AMENDMENTS, CHANGES, OR UPDATES, DO NOT ACCESS THE MINING RACE PLATFORM AND SERVICES, AND DO NOT USE THE MINING RACE SOFTWARE OR WALLET APPLICATION.

ELIGIBILITY

By using the Mining Race Platform and Services, you hereby represent and warrant that you:

• Are at least Minimum Age and possess the capacity to enter into a legally binding contract;
• Have not been previously suspended or removed from the Mining Race Platform;
• Hold full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party;
• Violate the laws of any jurisdiction which apply to you;
• Are not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your association with us, or through your use of Mining Race Platform or Services;
• Will refrain from using the Mining Race Platform or Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.

We reserve the right to terminate your access to the Mining Race Platform and Services for any reason and in our sole and absolute discretion. Use of Mining Race Platform and Services is deemed void, where prohibited by applicable law.

Depending on your country of residence, incorporation, or registered office, you may not be able to use certain functions of the Mining Race Platform and Services provided therein. It is incumbent upon you to adhere to the rules and laws in your country of residence and/or the country from which you access the Mining Race Platform and Services.

GENERAL

Mining Race reserves the right, at any time and at our sole discretion to:

• refuse any order submitted or provide mining services;
• cancel an order to buy a mining device, or stable mining card, core, or part of the order before it is executed and cancel the associated spot subscription;
• impose limits on the order amount permitted or on the provided spot and mining device;
• impose any other conditions or restrictions upon your use of the mining race platform and services without prior notice; and/or
• modify, suspend, or terminate the cores racing program at any time without prior notice, including, but not limited to, changes in race formats, reward values, race frequency, and eligibility criteria for participation.

For instance, but not exclusively, Mining Race holds the right to impose restrictions on various aspects, including but not limited to, the number of open orders allowed, the supported mining devices, Stable Mining cards, Cores, and mining algorithms. Additionally, Mining Race retains the authority to prohibit the submission of orders or the provision of Spot subscriptions, mining devices, Stable Mining cards, and/or Cores, from specific locations.

For a comprehensive understanding of terminology, mining transactions, definitions, descriptions, order types, submission procedures, rules, and other limitations pertaining to mining transactions, please refer to the Terms and Conditions outlined on the Mining Race and affiliated service providers' websites (e.g.,Mining Grid's).

Mining Race explicitly reserves the right to modify any transaction, definitions, descriptions, order types, procedures, rules, restrictions, and limitations at its discretion and at any time, deemed suitable for any valid reason.

All orders, the provision of mining machines, hosting, payments, deposits, withdrawals, and other transactions are exclusively accepted through the interface provided by Mining Race and affiliated service providers' websites, such as that of Mining Grid. The Mining Race wallet and Mining Race account parameters are determined by the software embedded in the Mining Race Platform. If any transaction option's meaning is unclear, Mining Race strongly advises against utilizing such options.

DEFINITIONS

• Mining Race Platform refers to the website and mobile application to access the service including the websites, portals, and the Mining Race wallet. It includes comprehensive software with a graphical user interface, web interface, and the Mining Race wallet. Mining Race is a process manager software that enables platform subscribers to connect mining devices or lease mining power and join the Mining Grid network. This definition also includes any and all of its code, compilations, updates, upgrades, modifications, patches, and bug fixes.
• Mining Grid network is the network you join by subscribing to a network Spot by completing the Mining Grid network subscription. The Mining Grid network redistributes the mining rewards to the community as outlined in the mining race platform.
• Mining Race Services mean all services provided by Mining Race, namely the provision of the Mining Race platform, Mining Race mining devices marketplace, Mining Race account, Mining Race mobile app, the Mining Race wallet, and all other software products, applications, or services associated with these products. In the broader context, the term also includes services provided by our service providers. The services include the Spot subscription, hosting for mining devices, Stable Mining cards, Cores, and associated software licenses.
• Mining Race Operators collectively mean all entities responsible for the operation and management of Mining Race, including legal persons, unincorporated organizations, and teams providing Mining Race services. Unless explicitly stated otherwise, any reference to “Mining Race” or “we” within these Terms shall be understood to specifically include Mining Race Operators, which may be updated to accommodate business requirements. Consequently, the revised Mining Race Operators will carry out their obligations under these Terms with you and maintain the provision of services. It is crucial to acknowledge that this change will not affect your rights and interests as delineated in these Terms.
• Mining Device is a purpose-built device responsible for verifying and recording transactions on the digital asset network while being rewarded with newly generated digital assets for its computational efforts.
• Mining Reward refers to any digital asset, cryptocurrency, virtual currency, digital currency, or digital commodity (e.g., Bitcoin) produced by the Proof-of-Work cryptographic protocol of a computer network and generated by a mining device. They are called 'Earnings' inside the Mining Race ecosystem and are redistributed by the Mining Grid network. There are two types of Earnings:
• Mining Credits Mining Credits are the rewards you earn from mining activity on your Spot. All rewards earned from your mining devices, mining cards, and mining Cores are bundled together under Mining Credits and can be used in the following ways:
  - Claimed directly to your wallet upon reaching a 0.002 BTC threshold.
  - To purchase any mining device, card, or Core.
  - To purchase/extend/upgrade/renew a Spot license.
  
• Incentive Earnings are BTC rewards from your referrals and can be claimed when your incentive balance reaches the 0.005 BTC minimum threshold.
• Mining Device Buyer is a legal entity or individual that buys mining devices on the Marketplace from Mining Device Providers.
• Mining Device Provider is any legal entity that sells its mining devices on the platform to mining device buyers and provides hosting services including our approved service providers and their approved partner facilities.
• Mining Race Software refers to the Mining Race mobile application and website, Mining Race portal, and any other software available via the Mining Race platform.
• Stable Mining is a product for power rental of an average of 100 TH/s for an average of 120 days, which remains active until the applicable outcome target is achieved. The average mining time in Stable Mining is the number of days, or term duration, required to achieve the applicable outcome target. If the applicable outcome target is achieved before the end of this period, the card will automatically close. However, if the applicable outcome target is not achieved within 120 days, the card will automatically move to Extended Status, where mining continues at a reduced speed until the applicable outcome target is achieved, subject to operational conditions, system availability, and applicable platform rules.
• Card Lifecycle means the operational status cycle applicable to eligible Mining Cards, designed to support more consistent mining performance over the card’s operating period. The Card Lifecycle may include Active Status and Extended Status.
• Active Status means the standard operating status of a Mining Card during which the card mines at its full applicable speed for up to one hundred and twenty (120) days, which represents the standard average operating period. If the applicable outcome target is achieved before the end of this period, the Mining Card will automatically close.
• Extended Status means the operating status applied to a Mining Card that has not achieved its applicable outcome target after one hundred and twenty (120) days. In Extended Status, mining continues at a reduced speed until the applicable outcome target is achieved, subject to these Terms, operational conditions, system availability, and any applicable platform rules.
• Auto-Renew is a Stable Mining feature that automatically activates a new card purchase from previous card earnings when the card expires, or mining earnings exceed the new card price. It is available for all Stable Mining cards and can be turned off by the user at any time. But, if mining earnings of a stable mining card after expiry are below the new card price, the auto-renew feature will not work.
• Mining Race Account is an online account available on the Mining Race platform and created by completing the registration procedure on it.
• Account Holder or Racer is an individual or legal entity that completes the registration procedure and successfully creates a Mining Race account.
• Mining Race Spot is a subscription purchased through Mining Grid that makes you eligible to add devices, Stable Mining cards, or Cores based on the subscription tier. The Spot itself does not include any mining power. It only allows you to add mining power through either device(s), Stable Mining card(s), or Core(s). Upon the Spot subscription expiry, a user's connected mining devices and cores will be suspended, and no longer continue mining. Also, if such a user wins a Core Race, they will not be able to claim their rewards. Any Mining Cards associated with such an account will be paused. Thus, it is important for users to ensure their Spot subscription remains active.
  An expired Spot will be deleted if not upgraded or renewed within 180 days. This results in the user losing access to the Spot's associated activities and balances.
  Spot licenses are currently available in six tiers: Diamond, Prime, Platinum, Premium, Starter and Race. Race Spot is an entry-level license granting access to Cores Racing. It does not permit access to mining cards or devices.
• Smart Spot Feature is an optional automated Spot management feature that, when enabled by the User, allows the system to review the User's Online Cards, Spot Balance, and Spot status, and to automatically perform certain Spot-related actions, including upgrades, downgrades, renewals, reactivation, or other capacity alignment actions where applicable.
• Online Cards means the total number of Active Cards and Extended Cards linked to a User's Spot. Online Cards are used to determine Spot eligibility, Spot tier alignment, automatic upgrades, downgrades, renewals, and reactivation actions.
• Spot Balance means the available balance allocated to the User's Spot account, which may be used for Spot activation, renewal, upgrade, downgrade, reactivation, or any other Spot-related charges applicable under these Terms.
• Spot Auto Adjustment means the automated process through which the Smart Spot Feature reviews and adjusts the User's Spot based on Online Cards, Spot Balance, applicable Spot tier requirements, and system rules.
• Balance Adjustment means any automatic deduction, allocation, transfer, or use of Spot Balance required to complete a Spot-related action, including but not limited to Spot renewal, upgrade, reactivation, or other adjustment performed through the Smart Spot Feature.
• Mining Pool is a cooperative effort where miners unite their hardware and software processing power to improve the likelihood of mining digital assets blocks and sharing the profits accordingly.
• Core is a product on the Mining Race platform that allows you to start mining Bitcoin and connect to Cores Racing. It represents 1 TH/s of mining power. An individual user may have multiple Cores.
• Cores Racing is a bonus rewards mechanism offered by Mining Race for users who purchase Cores. The Winner Core is selected as per the description in Cores Racing > Selection Details section. Here is a breakdown of the rewards structure:
  1. Sprint Race: Weekly Race reserved for all newly enrolled Cores within the Sprint week.
  2. Block Race: Open to all enrolled Cores and a new Winning Core is declared each time a block is mined.
  The odds of winning any of the Races are directly proportional to the number of Cores that have been enrolled by each user. So, the more Cores enrolled by an individual user, the higher their chances of winning.
• Hosting Service refers to all services related to hosting including costs of providing the Miners with power, internet connection, use of communication channels, physical and technical security of the devices, custom-developed mining monitoring and reporting software, ensuring optimal climate, and services for placing them in specialized racks.
• Minimum Age means 18 years old or older. This is required for all users in order for Mining Race to lawfully provide the Services to you without parental consent, including processing or using your personal data.
• Mining Race Wallet is a non-custodial wallet created by an account holder at the time of registration and provided by Mining Race to access Mining Race services.
• Blockchain Network is a distributed database that is used to maintain a continuously growing list of records, called blocks.
• Force Majeure Event is any governmental or relevant regulatory regulations, acts of God, wars or conflicts, riots, civil commotion, fire, flood, or any disasters or an industrial dispute of workers unrelated to you or the Mining Race. Any act, event, omission, happening, or non-happening will only be considered Force Majeure if it is not attributable to the willful act, neglect, or failure to take reasonable precautions of the affected party, its agents, employees, consultants, contractors, and sub-contractors.
• Spot Subscription Validity: Upon the acquisition of a Spot subscription, its validity extends for a duration of minimum of 12 months. To qualify for the withdrawal of Incentive Earnings, it is imperative that the Spot be linked to a mining device, or a Stable Mining card, with a minimum mining power of 100 TH/s.
• Mining Credits Distribution: Mining Credits are the rewards you earn from mining activity on your Spot - from your mining devices, mining cards, and mining Cores are bundled together under Mining Credits. These can be claimed to your wallet, provided your balance hits the 0.002 BTC minimum threshold. For users having one or more mining devices connected to their Spot, Hosting Fee, and any other service-related fees shall be automatically deducted from accrued Mining Credits prior to distribution (breakdown of deductions will be made available on your account dashboard). Any withdrawals requested below the threshold shall be subjected to a 10% fee to cover the transaction fee and shall be completed by the end of the month.
• Incentive Earnings Distribution: Incentive Earnings are the rewards you earn from your referrals in the community. In cases where a Spot is valid but remains unconnected to a mining device or Stable Mining card , it shall continue to accrue Incentive Earnings from community mining. These rewards shall be withheld and inaccessible for withdrawal, until your Spot is actively connected to a mining device or Stable Mining card exceeding 100 TH/s of mining power, provided your mining balance hits the 0.005 BTC minimum threshold.
• Spot Subscription Renewal: The Spot subscription maintains its validity for a period of 12 months and necessitates annual renewal to ensure continued functionality.
• Mining Rewards Distribution: Rewards stemming from Spot mining activities shall be directed to the Spot wallet address. The relevant fees, as detailed in the Mining Race Platform Fees, will be deducted. By subscribing to a Spot, you explicitly acknowledge and accept the mining reward redistribution structure delineated in the Mining Race platform.
• Withdrawal for Incentive Earnings: Rewards generated by your Spot and received in your Mining Race wallet from incentive mining cannot be withdrawn unless a minimum of one mining device is connected to the Spot and the mining device connected achieves a minimum of 100 TH/S to be considered an active Green Spot. Alternatively, a Stable Mining card of over 100 TH/s also makes you eligible to withdraw rewards.

PURCHASE OF SPOT SUBSCRIPTION AND REWARDS REDISTRIBUTION

You hereby, agree to purchase, and Mining Race commits to process the order and activate the Spot by adding it to the Mining Grid network, subject to the terms outlined herein.

• Subscription Process: The process of obtaining Mining Grid Software License which enables you to setup your accounts and connect mining power through a mining device, mining card, or Core based on your subscription tier as follows:

  Spot License Tier	Cores Access	Mining Card Limit	Mining Device Limit
  Diamond	Yes	150	150
  Prime	Yes	50	50
  Platinum	Yes	30	30
  Premium	Yes	9	9
  Starter	Yes	1	1
  Race	Yes	-	-

SMART SPOT FEATURE

The Smart Spot Feature may be enabled or disabled by the User from the platform settings, subject to availability and applicable system rules.

When enabled, the Smart Spot Feature authorizes us to automatically review the User’s Online Cards, Spot Balance, Spot status, and applicable Spot tier requirements, and to perform Spot Auto Adjustment actions where required.

Smart Spot may automatically upgrade, downgrade, renew, reactivate, or otherwise adjust the User’s Spot to align with the User’s Online Cards and applicable Spot capacity requirements.

Where a Spot Auto Adjustment action requires payment, renewal, reactivation, upgrade, or any other Spot-related charge, the User authorizes us to perform a Balance Adjustment and consume the required amount from the User’s Spot Balance.

If the User’s Spot Balance is insufficient to complete the required Spot Auto Adjustment, the relevant action may not be completed, and the Spot or associated products may remain paused, expired, limited, or otherwise inactive until sufficient Spot Balance is available or the User completes the required action manually.

When the Smart Spot Feature is disabled, Spot-related actions, including upgrades, downgrades, renewals, and reactivation, must be managed manually by the User, unless otherwise required by the platform or these Terms.

We may modify, suspend, limit, or discontinue the Smart Spot Feature, Spot Auto Adjustment, or related Balance Adjustment rules at any time, including for operational, technical, compliance, commercial, or risk-management reasons.

PURCHASE OF MINING DEVICE

If your subscription tier allows a mining device to be connected, you are entitled to buy a mining device through us or any Mining Device Provider to whom we may introduce you and connect with your subscribed Spot. Costs associated with hosting, installation, mounting, unmounting, and all relevant taxes, shipping expenses, or other charges related to the transportation, import, export, and conveyance of your mining device to a hosting facility shall be deduced automatically from your Mining Credits. These particulars may be subject to periodic amendments.

The supply of the mining devices by the Mining Device Provider shall be subject to the terms and conditions of the contract that you may enter with them directly. We shall not be held accountable for any delays in the operation of your mining device, stemming from various causes such as delayed receipt of the mining device, insufficient rack space availability, hosting facility delays, electrical or network connectivity issues at the hosting facility, or power outages.

It is important to note that Mining Race does not guarantee the actual delivery or verification of the mining device and does not assure any specific quality of the mining devices. Mining Race may connect computing power equivalent to the ordered device power after a successful device order until the ordered device is delivered and connected in the hosting facility.’

Mining Devices

Mining device buyers are obligated to fulfill all the conditions stipulated in this document to ensure that the mining devices are connected. Buyers agree to remit an applicable hosting and processing fee to Mining Race for the rendered services, from their earned Mining Credits. Kindly refer to the ‘FEES’ section in these Terms and on the Mining Race platform for details on fees applicable at the time of service provision. Mining Race retains the prerogative to alter these fees in accordance with the provisions for altering these Terms, with such changes applicable solely to Mining Race Services provided subsequent to the fee modification. Orders submitted prior to the fee adjustment, though not necessarily completed before the change, will be subject to the fee applicable at the time of order submission.

If the earnings received from a user's mining device(s) does not cover the cost of electricity, Mining Race has the right to switch off the device(s) or move the device(s) to a facility with a more affordable cost of electricity. Also, if a mining device(s) has been used for four (4) consecutive years, Mining Race may charge the user an additional service fee for the same device(s).

HOSTING SERVICE

• Hosting Arrangement: Mining Race shall provide for the hosting of your mining device through its approved service providers (“Hosting Service”), which shall be initially provided at the approved service provider’s facility or any subcontractor approved by Mining Race. As part of the hosting service, the service provider shall provide mining device installation, sufficient electrical capacity at the required voltage and wattage, provision of electricity, monitoring, and services of your mining device to achieve the hosting service level. In addition to the other rights herein, the service provider and/or its partner facilities reserve the right to switch the service to another one of its facilities as deemed reasonable under specific circumstances. The aforementioned service provider also reserves the right to provide the hosting service directly or through agents, vendors, and third parties. You acknowledge and agree that Mining Race and approved service providers may procure products, services, and facilities from, and subcontract the provision of the hosting service to third-party providers and subcontractors, including, without limitation, any hosting provider.
• Hosting Service Level: Mining Race and its service providers shall use commercially reasonable efforts to make the hosting service available to you, ninety-five percent (95%) of the time in each monthly period (the “Service Level”), except in the event of maintenance of the hosting facility or its associated infrastructure, any failure of mining device, or Force Majeure Events. Mining Race does not guarantee that the hosting service will not be interrupted by outages or shortages of power that are planned or unplanned and outside of Mining Race's control, and we will not be liable for the foregoing. We do not guarantee the supply of electricity.
  There is a possibility of voluntary or involuntary downtime, curtailment by Mining Race service provider, or the hosting facility’s energy provider, or outages or shortages of power. Mining Race shall not be responsible for the consequences of such outages and such outages shall not be calculated in connection with the Hosting Service Level commitment, except as expressly stated herein.

HOSTING FACILITY MAINTENANCE AND MINING DEVICE REPAIR

The hosting facility for Mining Race is made available through our service providers and their approved partner facilities.

The hosting facility, along with its operators, is duly authorized to conduct maintenance and any necessary or desirable actions deemed fit by them, aiming to uphold the network's integrity. It is acknowledged that such maintenance activities may render the network temporarily inaccessible, leading to potential downtime for your mining device.

The hosting facility and its operators retain the right to undertake maintenance and necessary actions concerning your mining device. You will receive notification of associated repair costs, and Mining Race reserves the discretion to opt for the most cost-efficient repair option. If your mining device necessitates repair from the manufacturer during the validity of the mining device insurance, repair costs may be fully covered under the standard manufacturer warranty. However, shipping costs shall be your responsibility, which will be deducted from your Mining Credits. If your Mining Credits balance is insufficient to cover the costs, an invoice with the deficit to be paid will be sent to your registered email. Failure to settle repair costs within 5 days of invoice receipt grants Mining Race the right to terminate the hosting service. In such instances, a termination fee equivalent to the total hosting service fee for the next ninety (90 days) shall also be payable.

The hosting facility and its operators retain the authority to relocate your mining device within their facility or to one of their partners. However, any relocation site shall ensure reasonably comparable environmental conditions for your mining device.

RISK DISCLOSURE

If you choose to use the Mining Race Platform and Services, it is important that you remain aware of the risks involved and ensure that you have adequate technical resources and knowledge to bear such risks and monitor your transactions diligently.

General Risk

You understand that Mining Race Platform and Services, like Blockchain technology, Bitcoin, all other digital assets, the Proof-of-Work concept, and other associated and related technologies are new and untested and outside of Mining Race’s control. You acknowledge that there are significant risks associated with these technologies. In addition to the risks disclosed below, there are risks that Mining Race cannot foresee and it is unreasonable to believe that such risks could have been foreseeable. The performance of Mining Race’s obligation under these Terms will terminate if market or technology circumstances change to such an extent that:

• These Terms clearly no longer comply with Mining Race’s expectations;
• It would be unjust to enforce Mining Race’s obligations in the general opinion; or
• Mining Race’s obligation becomes impossible.

Mining Race Account Abuse

You recognize the inherent risk linked with the potential abuse of the Mining Race account and have received full information and warnings regarding such risks. In the event of a third party obtaining the account holder's login credentials, funds stored in the Mining Race wallet may be subject to disposal. As an account holder, it is incumbent upon you to safeguard your login credentials and electronic devices where these credentials are stored from unauthorized access. Mining Race disclaims responsibility in cases of account abuse, as we lack access to your login credentials.

Regulatory Risk

You acknowledge the risks associated with potential future legislation that may restrict, limit, or prohibit certain aspects of blockchain technology. Such legislative changes may also result in the restriction, limitation, or prohibition of Mining Race Services.

Hacking Risk

You acknowledge the risk linked with potential hacking of Mining Race services or the wallet and have been fully informed and warned about it. Hackers or other malicious entities may attempt various forms of interference, including denial-of-service attacks, Sybil attacks, spoofing, smurfing, malware attacks, mining attacks, or consensus-based attacks. As a best practice, it is your responsibility to take necessary precautions to secure your assets against hacking

Digital Asset Risk

You acknowledge the risk associated with digital assets used as a payment method and have received full information and warnings about it. Digital assets are susceptible to various risks, including but not limited to value volatility, transaction cost and time uncertainty, lack of liquidity, availability, regulatory restrictions, policy changes, and security risks.

Operational Risk

You recognize the existence of diverse risks associated with hosting facility operations, including logistics, power supply, compliance with agreements, regulatory adherence, and potential construction delays. Global supply chain challenges may lead to disruptions, affecting Mining Race, service providers, and hosting facility operations, potentially resulting in increased costs, inventory shortages, and temporary shutdowns.

Mining Race Wallet Risk

Mining Race wallet is an application provided to you exclusively by Mining Race. At no point will Mining Race ever take custody of your wallet credentials, or any digital asset stored in the wallet. The wallet has certain limitations and restrictions in terms of the digital assets that it can support. You will be informed of such limitations and under no circumstance should you attempt to store digital assets in your wallet that it does not support. Doing so may result in irrevocable loss of the unsupported digital asset.

When you create a wallet, the wallet software generates a cryptographic private and public key pair that you may use to send and receive any supported digital assets via the relevant network.

YOU MUST STORE, OUTSIDE OF THE PRODUCTS, A BACKUP OF ALL WALLET CREDENTIALS, INCLUDING YOUR PASSPHRASES, IDENTIFIERS, BACKUP PHRASES, PRIVATE KEYS, AND NETWORK ADDRESSES.

If you do not maintain a backup of your wallet data outside of the Products, you will not be able to access your account and the digital assets previously accessed using your wallet, We do not have access to such data and are therefore NOT responsible for maintaining it on your behalf. We do not receive or store your wallet password, secret phrases nor any keys, or network addresses, and hence cannot assist you with the retrieval for your wallet.

We have no control over any digital asset network and therefore, cannot and do not ensure that any transaction details you submit using our products will be confirmed on the relevant digital asset network. The transaction details you submit using our products may not be completed or may be substantially delayed, by the digital asset network used to process the transaction. We do not guarantee that the wallet can transfer the title or rights in any digital asset or make any warranties whatsoever with regard to the title. We shall not be responsible for any harm occurring as a result of the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.

Since blockchain transactions are immutable, once transaction details have been submitted to a digital asset network, we cannot assist you in cancelling or otherwise modifying your transaction or transaction details. We have no control over any digital asset network and do not have the ability to facilitate any cancellation or modification requests.

Connection Risk

You acknowledge the risks associated with utilizing Mining Race services over the internet, encompassing potential failures in connectivity with mining pools, hardware, software, configuration, and internet connections. Mining Race bears no responsibility for configuration, connection, or communication failures, disruptions, errors, distortions, or delays experienced while using Mining Race Services, regardless of the cause.

Mining Devices Provision Risk

You acknowledge that there are risks associated with the provision of mining devices by mining device providers through the mining devices marketplace and that you have been fully informed and warned about it. You acknowledge that Mining Race does not provide these mining devices but only provides the marketplace to connect you with mining device providers. All mining devices are new, untested, and outside of Mining Race’s control.

There is a major risk that the mining device(s) may:

• Stop providing hash power;
• Provide hash power in an unstable way;
• Be wrongly configured; or
• Provide insufficient speed in terms of hash power.

Mining devices like any electrical hardware, could be the subject of damage, errors, electricity outage, misconfiguration, connection or communication failures, and other malfunctions. Mining Race will not be responsible for the operation of mining devices and their provision of hash power. By submitting a mining device order, you agree to a no-refund policy.

Mining Device Profitability Risk

You recognize the risk associated with the profitability of mining devices and acknowledge that estimates and calculations on the Mining Race platform are for informational purposes only. Mining Race does not guarantee that mining devices will achieve the calculated profitability, and there is a risk of reduced hash power, differentiation from platform information, and potential lack of profitability.

Stable Mining Profitability Risk

You are hereby apprised of the inherent volatility in cryptocurrency values, including Bitcoin, which may impact the profitability of Stable Mining operations contingent upon market fluctuations. Furthermore, you are alerted to the variable nature of mining difficulty levels within cryptocurrencies, signifying potential fluctuations in BTC earnings. You must conduct a comprehensive risk assessment concerning potential rewards. Legal compliance, including adherence to prevailing laws, regulations, and licensing mandates governing cryptocurrency mining, inclusive of taxation obligations, is imperative for users. Service availability, though diligently pursued by Mining Race, may be subject to temporary interruptions due to maintenance or unforeseen emergencies. Mining Race explicitly reserves the discretionary right to suspend, terminate, or modify Stable Mining services. You are obligated to remit timely payments for the leased mining power, depending on the selected package and lease duration, to avoid service suspension or termination. These payments will be made in advance and are non-refundable.

You expressly acknowledge Mining Race’s non-liability for direct or indirect damages arising from mining card service utilization, assuming full responsibility for associated risks.
For Stable Mining, the average activation time for Stable Mining card will be 2 business days.

WARRANTIES

The Mining Race Platform and Services are provided on the “AS IS” and “AS AVAILABLE” basis, including all faults and defects. To the fullest extent permitted by applicable law, Mining Race disclaims all representations and warranties, and you expressly waive all warranties of any kind. Mining Race expressly disclaims, without limitation, any warranties, whether express, implied, statutory, or otherwise, pertaining to the Mining Race Platform and Services. This includes, but is not limited to, assurances regarding uninterrupted service, harmlessness, security, compatibility, meeting requirements, achieving intended results, error-free performance, and the correction of errors or defects. No warranties are provided regarding merchantability, suitability, reliability, availability, timeliness, accuracy, satisfactory quality, fitness for a particular purpose, quality, title, and non-infringement. This extends to any services related to Mining Race offered by third parties.

In particular, Mining Race makes no representations and warranties, whether express, implied, statutory, or otherwise regarding any payment services and systems, provided by a third party or any other financial services that might be related to the Mining Race Platform and Services.

You acknowledge that you do not rely on and have not been induced to accept the Mining Race Platform and Services according to these Terms on the basis of any warranties, representations, covenants, undertakings, or any other statement whatsoever, other than expressly set out in these Terms that neither the Mining Race nor any of its respective agents, officers, employees, or advisers have given any such warranties, representations, covenants, undertakings, or other statements.

LIABILITY

Mining Race and their respective officers, employees, or agents will not be liable to you or anyone else, to the maximum extent permitted by applicable law, for any damages of any kind, including, but not limited to, direct, consequential, incidental, special, or indirect damages, including but not limited to lost profits, trading losses or damages that result from use or loss of use of Mining Race Services or Mining Race wallet, even if Mining Race has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of Mining Race Platform and Services, or other related websites or services.

Mining Race will not be responsible for any compensation, reimbursement, or damages arising in connection with:

• Your inability to use the Mining Race Platform and Services, including without limitation as a result of any termination or suspension of the Mining Race platform or these Terms, power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, delays in operation or transmission, or any failure of performance;
• The cost of procurement of substitute goods or services;
• Any investments, expenditures, or commitments in connection with these Terms or your use of or access to the Mining Race Platform and Services;
• Your reliance on any information obtained from Mining Race;
• Force Majeure Event, communications failure, theft, or other interruptions; or
• Any unauthorized access, alteration, deletion, destruction, damage, loss, or failure to store any data, including records, private keys, or other credentials, associated with Mining Race Platform and Services or Mining Race wallet.

You will defend, indemnify, and hold Mining Race harmless and all respective employees, officers, directors, and representatives from and against any claims, demands, action, damages, loss, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to:

• Any third-party claim concerning these Terms;
• Your use of, or conduct in connection with, Mining Race Platform and Services;
• Any feedback you provide;
• Your violation of these Terms; or
• Your violation of any rights of any other person or entity.

If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it. If we are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorney fees, as well as our employees” and contractors” time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.

The information, products, and services included in, or available through Mining Race may include inaccuracies or typographical errors. Improvements and changes are periodically added to the information herein to the Mining Race Platform and can be made at any time.

MINING RACE ACCOUNT

The registration of a Mining Race account is made through the Mining Race wallet.

Mining Race Wallet is an application provided to you exclusively by Mining Race. At no point will Mining Race ever take custody of your wallet credentials or any digital asset stored in the wallet. The wallet has certain limitations and restrictions in terms of the digital assets that it can support. You will be informed of such limitations and under no circumstance should you attempt to store digital assets in your wallet that it does not support. Doing so may result in irrevocable loss of the unsupported digital asset.

When you create a wallet, it generates a cryptographic private and public key pair that you may use to send and receive any supported digital assets via the relevant network.

YOU MUST STORE, OUTSIDE OF THE PRODUCTS, A BACKUP OF ALL WALLET CREDENTIALS, INCLUDING YOUR PASSPHRASES, IDENTIFIERS, BACKUP PHRASES, PRIVATE KEYS, AND NETWORK ADDRESSES.

If you do not maintain a backup of your wallet data outside of the Products, you will not be able to access digital assets previously accessed using your wallet in the event that we discontinue or no longer offer some or all of the products. We do not have access to such data and are therefore NOT responsible for maintaining it on your behalf. We do not receive or store your wallet password, nor any keys, or network addresses, and hence cannot assist you with the password retrieval for your wallet.

When you create a Wallet, you must:

• Store, outside of the products, a backup of all wallet credentials, including your passphrases, identifiers, backup phrases, private keys, and network addresses, and create a strong password that you do not use for any other website or online service;
• Provide accurate and truthful information;
• Protect and keep secret all credentials for the wallet;
• Protect access to your device and your Wallet;
• Promptly notify us if you discover or otherwise suspect any security breaches related to your wallet;
• Use the backup functionality provided through the wallet and safeguard your backup files.

You agree to take responsibility for all activities that occur with your wallet and accept all risks of any authorized or unauthorized access to your wallet, to the maximum extent permitted by law.

We have no control over any digital asset network and therefore cannot and do not ensure that any transaction details you submit using our products will be confirmed on the relevant digital asset network. The transaction details you submit using our products may not be completed or may be substantially delayed, by the digital asset network used to process the transaction. We do not guarantee that the wallet can transfer the title or rights in any digital asset or make any warranties whatsoever with regard to the title. We shall not be responsible for any harm occurring as a result of the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.

Since blockchain transactions are immutable, once transaction details have been submitted to a digital asset network, we cannot assist you to cancel or otherwise modify your transaction or transaction details. We have no control over any digital asset network and do not have the ability to facilitate any cancellation or modification requests.

The registration of a Mining Race account will require you to enter your email address and password in the registration form. After successful completion of registration, a confirmation email will be sent to you on your registered email. You will need to verify your registration by clicking on the link in the confirmation email. Once you verify it, your Mining Race account shall be created. Mining Race will send you proof of completed registration once the process is completed.

When you create a Mining Race account, you agree to:

• Create a strong password that you change frequently and do not use for any other website;
• Implement reasonable and appropriate measures designed to secure access to any device that has access to your email address, username, and password associated with your Mining Race account along with the associated username and password;
• Maintain the security of your Mining Race account by protecting your password and wallet private keys and restricting access to your account;
• Promptly notify us if you discover or otherwise suspect any security breaches related to your Mining Race Account so we can take all required and possible measures to secure it; and
• Take responsibility for all activities that occur under your Mining Race Account and accept all risks of any authorized or unauthorized access to it, to the maximum extent permitted by law.

Losing access to your private keys/secret phrases or email will also mean losing access to your Mining Race account. You may not be able to use the Mining Race Platform or Services, execute withdrawals, and other security-sensitive operations until you regain access to your email address, registered at Mining Race. If you wish to change the email address linked to your account, we may ask you to complete a KYC procedure for security purposes. This step serves solely for the purpose of identification in the process of regaining access to your Mining Race account.

In order to use certain functionalities of the Mining Race Platform, such as paying for the acquired mining spot or mining device users can initiate the payment through Mining Race wallet or users will be redirected to one of our service provider’s platforms. You may deposit funds on your Mining Race wallet from another wallet or exchange (“Secondary Account Provider”). You may be charged fees by the Secondary Account Provider or by the blockchain network for such a transaction. Mining Race is not responsible for any fees charged by Secondary Account Providers, by the blockchain network, or for the management and security of the Secondary Accounts. You shall solely be responsible for the use of Secondary Accounts, and you will comply with all terms and conditions applicable to such Secondary Accounts. The timing associated with a deposit transaction will depend in part upon the performance of Secondary Account providers, the performance of the blockchain network, and the performance of the wallet provider. Mining Race makes no guarantee regarding the amount of time it may take to deposit funds into the Mining Race wallet.

You must not use the Mining Race wallet to store, save, and hold funds for longer periods, nor for executing other transactions unrelated to those done for Mining Race. The Mining Race wallet should be used exclusively for current and ongoing transactions related to the Mining Race Platform. You must promptly withdraw any funds kept on the Mining Race wallet that are not in use and are not intended for the reasons described earlier. Commission fees may be charged by the Mining Race wallet provider, by the blockchain network, or by Mining Race for any wallet transactions. Please refer to the Mining Race Platform, for more information about the commission fees for the Mining Race wallet transactions which are applicable at the time of the transaction. Mining Race reserves the right to change these commission fees according to the provisions to change these Terms at any time for any reason.

You have the right to use the Mining Race Account only in compliance with these Terms and other commercial terms and principles published on the Mining Race Platform. In particular, you must observe all regulations aimed at ensuring the security of funds and financial transactions

Mining Race or any of its partners or affiliates are not responsible for the loss of the funds, stored on or transferred from The Mining Race wallet, as well as for the erroneous implementation of the transactions made via The Mining Race wallet, where such loss or faulty implementation of any transaction is the result of a malfunction of The Mining Race wallet and the malfunction was caused by you or the Mining Race wallet provider. You are obliged to inform Mining Race in case of loss or theft, as well as in the case of any possible misuse of the access data to your Mining Race account, without delay, and demand a change of access data or closure of your existing Mining Race account after submitting a request for new access data. Mining Race will execute the change of access data or closure of the Mining Race account and the opening of a new one as soon as technically possible and without any undue delay.

KYC PROCEDURE

Mining Race is appropriately implementing AML/CTF and security measures to diligently detect and prevent any malicious or unlawful use of Mining Race Platform and Services, which is strictly prohibited by these Terms, which are deemed as your agreement to provide required personal information for identity verification. Security measures include a KYC procedure, which is aimed at determining the identity of an individual user or an organization.

We may ask you to complete this procedure before enabling some or all functionalities of the Mining Race platform and providing its services. A KYC procedure might be applied as a security measure when:

• Changing the email address linked to your Mining Race Account;
• Gaining access to all or a portion of Mining Race Services, Mining Race wallet and its related services, or any portion thereof if they were disabled; and
• Activating your Mining Race account if it has been deactivated due to its inactivity, security, or other suitable reasons.

SANCTIONS, EXPORT CONTROLS, AND PROHIBITED JURISDICTIONS

Users may not directly or indirectly access, use, purchase, transfer, allocate, export, re-export, disclose, or otherwise make available any services, infrastructure capacity, products, software, technology, or related operational access provided by us to:

• any individual, entity, organization, or party subject to economic or trade sanctions, restrictions, or embargoes;
• any country, territory, or jurisdiction subject to comprehensive sanctions, trade restrictions, applicable embargoes, or otherwise designated by us as a prohibited jurisdiction;
• any person or entity acting on behalf of, for the benefit of, or under the control of sanctioned persons, entities, or restricted jurisdictions.

For the purposes of these Terms, prohibited jurisdictions include, without limitation, the United States of America, Cuba, Iran, North Korea, Syria, and any country, territory, or jurisdiction subject to applicable EU, UAE, UN, US, UK, or other relevant sanctions, embargoes, or trade restrictions.

Users represent and warrant that they are not:

• a citizen, resident, incorporated entity, established entity, or operating party of any prohibited jurisdiction, including the United States of America, Cuba, Iran, North Korea, Syria, or any other restricted jurisdiction;
• included on, owned by, controlled by, acting for, or acting on behalf of any person or entity included on any applicable sanctions list, including but not limited to the OFAC Sanctions List, EU sanctions lists, UN sanctions lists, UK sanctions lists, UAE sanctions lists, or any other applicable governmental sanctions list.

Users further agree not to use the Services in any manner that would cause us, our partners, contractors, subsidiaries, affiliates, infrastructure providers, or service providers to violate applicable sanctions laws, export control regulations, embargoes, or restrictive measures imposed by competent authorities, including but not limited to regulations administered by:

• the European Union;
• the United Nations;
• the United States;
• the United Kingdom;
• the United Arab Emirates;
• or any other applicable governmental, regulatory, or competent authority.

Users represent and warrant that:

• they are not subject to applicable sanctions;
• they are not located, established, incorporated, resident, or operating in a sanctioned, restricted, or prohibited jurisdiction;
• they will not use the Services for prohibited, restricted, military, unlawful, fraudulent, abusive, or unauthorized purposes;
• and they will not make the Services available to any person, entity, country, or jurisdiction prohibited under this section.

We reserve the right, at our sole discretion and where required for compliance, regulatory, sanctions, export-control, risk-management, or operational purposes, to:

• conduct compliance reviews;
• request verification information or supporting documentation;
• restrict or deny access to the Services;
• suspend Services;
• freeze or limit operational access;
• reject transactions, purchases, allocations, or transfers;
• cancel or reverse access where legally or operationally required;
• terminate accounts or participation.

We shall not be liable for any delay, restriction, suspension, rejection, cancellation, termination, or loss arising from actions taken in good faith for sanctions compliance, export-control compliance, regulatory compliance, or risk-management purposes.

RESTRICTIONS

When accessing the Mining Race Platform or using the Mining Services or The Mining Race wallet, you warrant and agree that you shall:

• Be solely responsible for your conduct while accessing and using the Mining Race Platform and Services or Mining Race wallet;
• NOT use the services for any purpose that is unlawful or prohibited by these Terms;
• NOT violate any law, contract, intellectual property, or other third-party right or commit a tort;
• NOT access the Mining Race Platform or use the Mining Services in any manner that could damage, disable, overburden, or impair the provision of the services or interfere with any other party’s use and enjoyment of the services;
• NOT perform or attempt to perform any kind of malicious attack on blockchains with the use of the Mining Race Platform and Services, intended to maliciously gain control of more than 50% of the network’s mining hash rate;
• NOT use the Mining Race Platform and Services for any kind of market manipulation or disruption, such as but not limited to Mining Race services disruption.

In case of any of the above-mentioned events, Mining Race reserves the right to immediately suspend or terminate your Mining Race account, freeze or block your assets in the Mining Race wallet, and suspend your access to the Mining Race Platform, particularly if Mining Race believes that such a Mining Race account is in violation of these Terms or Privacy Policy, or any applicable laws and regulation.

RIGHTS AND OBLIGATIONS

In the event of disputes with you, Mining Race is obliged to prove that the Mining Race service which is the subject of the dispute was not influenced by technical or other failures. You will have the opportunity to check at any time, subject to technical availability, the transaction details, statistics, and available balance of the digital assets held on the Mining Race wallet, through access to the Mining Race account.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you or the public through the Mining Race Platform and Services.

We may, in our sole discretion, at any time, for any or no reason and without liability to you, with prior notice:

• Terminate all rights and obligations between you and Mining Race derived from these Terms;
• Suspend your access to all or a portion of Mining Race Services, the Mining Race Wallet and its related services or any portion thereof, and delete or deactivate your Mining Race Account and all related information and files in such account;
• Modify, suspend, or discontinue, temporarily or permanently, any portion of Mining Race Platform; or
• Provide enhancements or improvements to the features and functionality of the Mining Race Platform, which may include patches, bug fixes, updates, upgrades, and other modifications.

Any such change may modify or delete certain portions, features, or functionalities of the Mining Race Services. You agree that Mining Race has no obligation to provide any updates or continue to provide or enable any particular portion, features, or functionalities of the Mining Race Services to you. You further agree that all changes will be deemed to constitute an integral part of the Mining Race Platform, and subject to these Terms.

In the event of your breach of these Terms, including but not limited to, for instance, due to legal grounds originating in anti-money laundering and knowing the regulations and procedures, or any other relevant applicable regulations, all rights and obligations between you and Mining Race derived from these Terms terminate automatically if you fail to comply with these Terms within the notice period of 8 days after you have been warned by Mining Race about the breach and given 8 days period to remedy the breaches. Mining Race reserves the right to keep these rights and obligations in force despite your breach of these Terms.

In the event of termination, Mining Race will attempt to return to you any funds stored on your Mining Race wallet that is not otherwise owed to Mining Race, unless Mining Race believes you have committed fraud, negligence, or other misconduct. You acknowledge that your Mining Race Services and Mining Race wallet may be suspended for maintenance.

Technical information about the mining transactions, including information about chosen server locations, algorithms used, selected mining pools, and your business or activities, including all financial and technical information, specifications, and technology together with all details of prices, current transaction performance, and future business strategy represent confidential information and trade secrets. Mining Race shall, preserve the confidentiality of all aforementioned information and shall not disclose or cause or permit to be disclosed without your permission any of this information to any person save to the extent that such disclosure is strictly to enable you to perform or comply with any of your obligations under these Terms, or to the extent that there is an irresistible legal requirement on you or Mining Race to do so or where the information has come into the public domain otherwise than through a breach of any of the terms of these Terms. Mining Race shall not be entitled to make use of any of this confidential information and trade secrets other than during the continuance of and pursuant to these Terms and then only for the purpose of carrying out its obligations pursuant to these Terms.

Upon the expiration or termination of these terms and your payment in full of all amounts owed to Mining Race, you shall arrange for the return of your mining device at your expense. All fees, taxes, duties, shipping and handling costs, and risk of loss or damage during the return process, including during shipping, shall be borne by you, and Mining Race may require that you remove your mining device from the country in which the hosting facility is located and take possession outside of such country. If you fail to provide retrieval instructions within 5 days of termination or expiration of these Terms, we shall have the right to:

• Sell or retain possession of your mining device;
• Reconfigure your mining device and retain it for Mining Race’s use and redirect its mining rewards to our own wallet; or
• Remove and store at your expense, all or any portion of your mining device without any costs, obligation, or liability by Mining Race.

We shall not be responsible for any damage or operational deficiency of the mining device and Mining Race shall not repair or reimburse you for the same in any form.

THIRD-PARTY MINERS, MINING POOLS, AND PLUGINS

Third-party miners, plugins, and mining pools may be third-party software that enables the best and most efficient mining operations. Mining Race integrates third-party mining software and mining pools using a third-party miner plugin system. Third-party mining software is a closed-source software that supports mining algorithms for digital assets and can be integrated into Mining Race. Third-party miner plugin enables the connection between Mining Race and third-party mining software including but not limited to mining pools and it can be closed, as well as open-sourced.

In case the third-party mining software is close-sourced, and the software source cannot be inspected, Mining Race diligently implements third-party mining software guidelines accessible on the Mining Race website in order to increase security with regard to the Mining Race miner integration.

Mining Race will not be liable, to the maximum extent permitted by applicable law, for any damages of any kind, including, but not limited to, direct, consequential, incidental, special, or indirect damages, arising out of using third-party miners and plugins. The latter includes but is not limited to:

• Any power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, delays in operation or transmission, or any failure of performance;
• Any unauthorized access, alteration, deletion, destruction, damage, loss, or failure to store any data, including records, private keys, or other credentials, associated with the usage of third-party miners and plugins; and
• Force Majeure Event, communications failure, theft, or other interruptions.

INTELLECTUAL PROPERTY

Mining Race retains all copyright and other intellectual property rights, including inventions, discoveries, know-how, processes, marks, methods, compositions, formulae, techniques, information, and data, whether or not patentable, copyrightable, or protectable in trademark, and any trademarks, copyrights or patents based thereon overall content and other materials contained on Mining Race Platform or provided in connection with the Services, including, without limitation, the Mining Race logo and all designs, text, graphics, pictures, information, data, software, source code, as well as the compilation thereof, sound files, other files and the selection and arrangement thereof. This material is protected by international copyright laws and other intellectual property rights laws, namely trademarks. These Terms shall not be understood and interpreted in a way that they would mean assignment of copyright or other intellectual property rights unless it is explicitly defined so in these Terms.

Mining Race hereby grants you a limited, nonexclusive, and non-sublicensable license to access and use Mining Race’s copyrighted work and other intellectual property for your personal or internal business use. Such license is subject to these Terms and does not permit any resale, re-distribution, public performance or public display, modifying or otherwise making any derivative uses, publishing, transmission, reverse engineering, participation in the transfer or sale, or any way exploit any of the copyrighted work and other intellectual property other than for their intended purposes. This granted license will automatically terminate if Mining Race suspends or terminates your access to the Services, your Mining Race wallet, or your Mining Race account.

Mining Race will own exclusive rights, including all intellectual property rights, to any feedback including, but not limited to, suggestions, ideas, or other information or materials regarding Mining Race Services or related products that you provide, whether by email, posting through our Mining Race Platform, Mining Race account or otherwise and you irrevocably assign any and all intellectual property rights on such feedback unlimited in time, scope and territory. Any Feedback you submit is non-confidential and shall become the sole property of Mining Race. Mining Race will be entitled to the unrestricted use, modification, or dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the feedback. We have the right to remove any posting you make on the Mining Race Platform if, in our opinion, your post does not comply with the content standards defined by these Terms.

PRIVACY POLICY

Please refer to the Mining Race Privacy Policy published on the Mining Race Platform for information about how we collect, use, and share your information, as well as what options you have with regard to your personal information.

COMMUNICATION AND SUPPORT

You agree and consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures that Mining Race provides in connection with your Mining Race account or use of the Mining Race Platform and Services. You agree that Mining Race may provide these communications to you by posting them via the Mining Race account or by emailing them to you at your registered email address. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

It is your responsibility to keep your email address updated in the Mining Race account so that Mining Race can communicate with you electronically. You understand and agree that if Mining Race sends you an electronic communication but you do not receive it because your email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, it will be deemed that you have been provided with the communication. You can update your Mining Race account preferences at any time by logging into your Mining Race account. If your email address becomes invalid such that electronic communications sent to you by Mining Race are returned, Mining Race may deem your account to be inactive and close it. You may give Mining Race a notice under these Terms by sending an email to [email protected] or contacting Mining Race through the website. All communication and notices pursuant to these Terms must be in the English language.

FEES

• Subscription Fees: A non-refundable fee is required for the miningrid software license to reserve your Spot, set up your account, and make it eligible to add mining power based on the subscription tier ranging from Race, Starter, Premium, Platinum, Prime, and Diamond . The subscription fee is determined by the mining power limit and the number of months you commit to subscribing to our services.
• Platform Fees: The Platform Fees you pay to Mining Race consist of Transaction Fees, which are calculated as 2% of each transaction you make on the platform, and Mining Fees, which constitute 10% of your mining power.
• Non-recurring Charges: We may require that you pay certain non-recurring charges, such as mining device costs, Stable Mining cards, Cores, delivery expenses, customs and exportation fees, and repair fees to Mining Race, our service providers, or third-party providers to which we send any damaged items of your mining device if you request us to repair such items. Payment of any outstanding non-recurring charges is a condition precedent to our obligation to provide the Services to you. Please note that all non-recurring charges are non-refundable.
• Taxes: You are responsible for all taxes assessed by local, state/provincial, and/or federal authorities regardless of your physical location. If these taxes are assessed on us, based on the Services we provide to you, and we are required to pay these taxes, they will be billed to you, in addition to a reasonable special handling and processing fee. You are not responsible for taxes based on our income.
• Adjustments: Mining Race shall make adjustments to any of the fees charged for clients through the Mining Race platform. Fee changes can be made to all services including but not limited to Spot subscriptions, Stable Mining, Hosting Services, Cores, and maintenance fees.
• Hosting Service Fee: Hosting Service Fee associated with each device will be deducted automatically from the Mining Credits. The device’s net earnings are thus calculated by subtracting the hosting fee from the mining outcome for each device. The hosting service fee for devices includes:
  
  
  • (a) Costs of providing the Miners with power;
  • (b) Costs of internet connection and use of communication channels;
  • (c) Physical and technical security of the devices;
  • (d) Custom-developed mining monitoring and reporting software, ensuring optimal climate; and
  • (e) Services for placing Miners in specialized racks.

• Payment Terms: Acceptable forms of payment include credit cards, debit cards, bank wire, and cryptocurrency. Mining Race may, in its exclusive discretion, modify the acceptable forms of payment from time to time. For credit card and debit card payments, Mining Race and/or its third-party service providers may keep your account information on file and set up recurring billings any subscription-based services, unless you expressly opt out of the recurring billings. If payment is due for any overdue invoices until all fees due are paid in full, we may:
  
  
  • (a) Terminate the associated account, or hosting service;
  • (b) Reconfigure your mining device, card, or core, and retain them for our own use and redirect mining rewards to our wallet;
  • (c) Seize and dispose of or sell the mining devices and use the proceeds to satisfy any amounts due;
  • (d) Turn off your mining device, card, or core; and/or
  • (e) Disable your access to accounts.

We reserve the right to charge a monthly late fee and reactivation fee until all payments owed are settled, in addition to our rights to take possession of the mining device, card, or core, and redirect mining rewards to our wallet until any overdue invoice and late fee are paid in full.

Please refer to the Mining Race Platform for more information about the fees or hosting costs that are applicable at the time of provision of services. Mining Race reserves the right to change these fees according to the provisions to change these Terms at any time for any reason. The changed fees will apply only to the Services provided after the change of the fees.

You authorize us, or our designated payment processor, to charge or deduct your Mining Race Account for any applicable fees in connection with the transactions completed via the Services.

TAX

It is your responsibility to determine what, if any, taxes apply to the transactions you complete or services you provide via the Mining Race Platform and Services and Mining Race wallet, it is your responsibility to report and remit the correct tax to the appropriate tax authority and all your factual and potential tax obligations are your concern. You agree that Mining Race is not in any case and under no conditions responsible for determining whether taxes apply to your transactions or services or for collecting, reporting, withholding, or remitting any taxes arising from any transactions or services. You also agree that Mining Race is not in any case and under no conditions bound to compensate for your tax obligation or give you any advice related to tax issues.

All fees and charges payable by you to Mining Race are exclusive of any taxes, and shall certain taxes be applicable, they shall be added on top of the payable amounts. Upon our request, you will provide us with any information that we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If any deduction or withholding is required by law, you will notify Mining Race and will pay Mining Race any additional amounts necessary to ensure that the net amount received by Mining Race, after any deduction and withholding, equals the amount Mining Race would have received if no deduction or withholding had been required. Additionally, you will provide Mining Race with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.

FINAL PROVISIONS

Any persons or legal entities that are not capable of holding legal rights and obligations are not allowed to create a Mining Race account and/or use the Mining Race Platform and Services. If Mining Race becomes aware that such a person or legal entity has created the Mining Race account or has used Mining Race Services, Mining Race will delete such an account, disable any Services, and block access to Mining Race account and Mining Race Services to such a person or legal entity.

If you register to use the Mining Race Services on behalf of a legal entity, you represent and warrant that:

• Such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and
• You are duly authorized by such a legal entity to act on its behalf

These Terms do not create any third-party beneficiary rights for any individual or entity.

These Terms form the entire agreement and understanding relating to the subject matter hereof and supersede any previous and contemporaneous agreements, arrangements, or understandings relating to the subject matter hereof to the exclusion of any terms implied by law that may be excluded by contract.

If at any time any provision of these Terms is or becomes illegal, invalid, or unenforceable, the legality, validity, and enforceability of every other provision will not in any way be impaired. Such illegal, invalid, or unenforceable provision of these Terms shall be deemed to be modified and replaced by such legal, valid, and enforceable provision or arrangement, which corresponds as closely as possible to our and your will and business purpose pursued and reflected in these Terms.

The headings of sections are for convenience only and shall not be used to limit or construe such sections.

No failure to enforce nor delay in enforcing, on our side to the Terms, any right or legal remedy shall function as a waiver thereof, nor shall any individual or partial exercise of any right or legal remedy prevent any further or other enforcement of these rights or legal remedies or the enforcement of any other rights or legal remedies.

Mining Race reserves the right to make changes, amendments, supplementations, or modifications from time to time to these Terms including but not limited to changes to the license agreement for Mining Race and of any fees and compensation policies, in its sole discretion and for any reason. We suggest that you review these Terms periodically for changes. If we make changes to these Terms, we will update the effective date at the top of these Terms, and provide you with notice of such changes, such as by:

• Sending an email;
• Providing notice on the Mining Race Platform;
• Placing a popup window after login to the Mining Race account; or
• Posting the amended Terms on the Mining Race Platform.

The amended Terms will be deemed effective immediately upon posting for any new users of the Mining Race Services. In all other cases, the amended Terms will become effective for pre-existing users upon the continued use of Mining Race Services.

Any amended Terms will apply prospectively to the use of the Mining Race Services after such changes become effective.

The notice of change of these Terms is considered as notice of termination of all rights and obligations between you and Mining Race derived from these Terms with a notice period of 30 days if you do not accept the amended Terms. In this case, the agreement between you and Mining Race is terminated after the expiry of 30 days which starts after Mining Race provides you with notice of change of these Terms. You must discontinue using Mining Race Services, inform us regarding your disagreement with the changes, and request the closure of your Mining Race account. If you do not inform us regarding your disagreement and do not request closure of your Mining Race account, we will deem that you agree with the changed Terms. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Mining Race. Mining Race may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

These Terms shall be governed by, construed, and enforced in accordance with the Laws of the United Arab Emirates and shall be interpreted in all respects as a United Arab Emirates contract. Any transaction, dispute, controversy, claim, or action arising from or related to your access or use of the Mining Race Platform, or these Terms of Service likewise shall be governed by the Laws of the United Arab Emirates, exclusive of choice-of-law principles.

The rights and remedies conferred on Mining Race by, or pursuant to, these Terms are cumulative and are in addition, and without prejudice, to all other rights and remedies otherwise available to Mining Race at law.

Mining Race may transfer its rights and obligations under these Terms to other entities, or any other firm or business entity that directly or indirectly acquires all or substantially all of the assets or business of Mining Race operator. If you do not consent to any transfer, you may terminate this agreement and close your Mining Race account.

These Terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact Mining Race and immediately navigate away from the Mining Race Platform. Do not use the Mining Race Services, The Mining Race wallet or other related services until you and Mining Race have agreed upon new Terms.