Terms and Conditions
The user’s order of use of and access to the products, product sites, services, and content are subjected to all the terms and conditions herein contained and to all applicable laws and regulations.
Please read these terms and conditions carefully. The order of, acceptance of, use of, and/or access to the products, product sites, services, and/or content constitutes the user’s agreement to the present terms and conditions.
If the user does not agree with any of these terms or conditions, he/she do not order, use, or access any product, product sites or content, or any of the information within the product, product sites, or content, and contact Bitforce’s support team to cancel their membership.
The user accepts this Agreement by:
• Written consent through accepting this Agreement on the website, via email or otherwise by executing this Agreement or activating the Services.
• When the user accepts this Agreement, he/she specifies that is, at least, 18 years old and are legally able to engage into a contract. If the user accepts this Agreement on behalf of an organization, he/she must specify that is an authorized representative of such organization, and where the context requires “you” it will mean the “organization”. By accepting this Agreement, the user agrees to every provision of this Agreement whether he/she have read it or not.
• Once the user has accepted this Agreement, Bitforce will process their acceptance as an offer to receive Service. Bitforce will then review the offer, including without limitation assessing user’s identity and authenticity. Once Bitforce is ready to provide Service for the user, they will be informed that their Service is initiated, constituting Bitforce’s acceptance of user’s offer.
• If Bitforce feels unable, or if at its sole discretion, decides not to provide the Service to the user, he/she will be informed by email, and his/her order will not be processed. If the user already paid for the Services, Bitforce will refund them the full amount, as soon as possible, through the same method of payment used in the attempted purchase of Services.
This Agreement establishes the legal terms and conditions of the agreement between Bitforce (collectively referred to as the “Agreement”) under which Bitforce will sell any of the Services to the user (defined below), as described on Bitforce’s website (hereinafter referred to as the “Site”).
For purposes of this Agreement, “you” or “your” refer to the customer agreeing to the terms and conditions of this Agreement; “It” or “its” refer to Bitforce, Unipessoal Lda., VAT number 516287397, Portugal (country).
This Agreement is applicable to any Services (as defined in this Agreement). The user must read this Agreement carefully and make sure that understands it before ordering any Services from the Site. Please note that by purchasing a Service, the user agrees to be bound by this Agreement and the other documents expressly referred herein. To conclude this Agreement the user must click the button labeled “Register an account” on the Site. If the user refuses to accept the terms and conditions of this Agreement, they will not be able to purchase Services, or to access the portal related to existing Services.
The user should print a copy of this Agreement or save it for their future reference.
Every time the user purchases a Service, they must refer to the latest version of this Agreement made available on the Site to ensure that they understand the current terms and conditions. This Agreement was most recently updated on October 7th, 2021.
This Agreement is only available in English.
Bitforce operates the site www.bitforce.online. To contact Bitforce the user may use the customer support section or send an email to email@example.com.
2.1. Bitforce will provide Services to Customer as specified in a mutually Accepted Service Order, subject to the terms and conditions herein. Upon Customer’s approval of a Quotation, Bitforce will send to Customer a Service Order for Acceptance. The Service Order is revocable for Bitforce. Customer shall respond with Acceptance or non-Acceptance within thirty (30) Days. If the Customer does not respond within (30) Days, the Service Order shall expire and shall be void, unless otherwise specified in the Service Order. Bitforce will not be bound to provide Services until the applicable Service Order has been mutually Accepted. However, if Customer begins using Services before the Service Start Date in an applicable Service Order, the provision and use of such Services nonetheless will be governed by the terms of this Agreement.
Customer can also order Services by activating them through the Customer’s account on Bitforce’s website or other system operated by Bitforce. By activating such Services, Customer consents to the prices indicated.
2.2. Customer acknowledges that Bitforce (1) does not own or control all local circuit links, leased co-location spaces, leased space cross-connects, Internet service providers (“ISP”) providing connectivity to Bitforce, other networks outside the connectivity to Bitforce or ISPs, or the Internet and except as set forth in the SLA, Bitforce will not be responsible for performance or non-performance within such networks or within non Bitforce operated interconnection points between the connectivity and other networks, (2) is a mere intermediary (i.e., mere conduit in accordance with EU legislation or similar provision) for transmission of Customer Content and does not exercise editorial or other control over such materials and (3) will not be responsible for, and expressly disclaims any liability arising from, any such materials or other data accessible on the Internet or for any actions taken on the Internet.
2.3. Bitforce may at any time, and without notice, use the services of one or more affiliates, suppliers, or sub-contractors in connection with the performance of its obligations under this Agreement, and Customer’s obligations to Bitforce extend to those parties when acting on Bitforce’s behalf.
2.4. Given the nature of the Services, Customer, and not Bitforce, is solely responsible for (1) all bandwidth abuse, theft or other unauthorized usage or activity occurring on Customer ‘s account (e.g., leeching or hotlinking/direct linking to content), (2) all resulting Fees and costs, (3) implementing any monitoring, defensive or protective tools or measures (whether offered by Bitforce or a third party) related to Customer’s account and (4) regularly monitoring all usage of bandwidth and Services and other activity on Customer’s account. Bitforce makes available to Customer, through Bitforce’s reporting tools, data regarding Customer’s billable usage of bandwidth or Services; but Bitforce is not responsible for notifying Customer of usage or activity patterns occurring on Customer’s account.
2.5. Bitforce may modify the configuration of the Services, provided such modifications are necessary due to technical, economic, or regulatory developments or to maintain the quality standard of Services and such modification will not affect the essential characteristic features of Services ordered. In such event, Bitforce shall use commercially reasonable efforts to notify Customer prior to any such modification becoming effective. Customer’s continued use of Services following the modification will constitute Customer’s acceptance of the modification.
2.6. Bitforce or any of its subcontractors will from time to time carry out routine maintenance or improvements to the network, software, facilities, servers, network equipment or other technical equipment required for the provision of the Services (“Scheduled Maintenance”). Scheduled Maintenance may cause interruptions to the Services in part of its services or in all of them.
2.7. Biforce may carry out Scheduled Maintenance which is unlikely to affect the Services at its own discretion and without notice. Insofar as Scheduled Maintenance will likely cause interruptions to the Services in part or as a whole or any other problems for the Customer, Bitforce will notify Customer at least seven (7) Days in advance or with as much advance notice as reasonably possible in the event that Bitforce receives a maintenance notification from an underlying provider. The notification will include time and date, duration, and description of any such work. Notwithstanding the foregoing, if Bitforce reasonably believes that timely providing such notice would result in an unacceptable risk of a defect, damage, or loss of integrity to the Bitforce’s network, Bitforce may perform such work and may serve notice to Customer of the need to perform emergency maintenance on the network with a notice period reasonable under the given the circumstances.
2.8. Irrespective of the actual duration of the usage of a Service by Customer, Bitforce charges Customer for the full month of such Service, starting from the calendar month in which such Service was activated on the website or other system of Bitforce.
3. CLOUD GAMING
3.1.1. The Site and the Product is accessible worldwide to anyone with Internet access.
3.1.2. The Product was designed to allow Users to have remote access to all programs and games already installed by the User, to enjoy videos and music stored on User’s computer (with Windows, Mac, or Linux) or play PC games and all the Flash games.
3.1.3. Bitforce reserves the right to change the Site and Product functionalities at any time, in particular by introducing new functions and facilities for Users.
3.2. Conditions for Using the Site and Product and Rules of Liability
3.2.1. Technical requirements concerning the use of the Site are as follows:
a) Internet connection.
b) Web browser enabling displaying of hypertext documents (HTML) on a computer screen which are linked with the Internet through a website with activated Java Script execution and writing cookies files.
c) Android-based mobile device with 3G/4G or Wi-Fi.
3.2.2. It is User’s responsibility to ensure that the equipment owned by him/her as well as the software used meets the above requirements and allow him/her to use the Site and the Product.
3.2.5. A User can hold only one license. The license cannot be transferred to third party or used by such a third party.
a) Attempts at disturbing or cutting off access to subscriptions of other Users or to their computers (DOS, DDOS attacks, DNS spoofing).
b) Phishing, that is falsifying information which permits to identify a User or hiding such information without having first obtaining a written consent.
c) Entering malicious software into the system or onto the computers of Bitforce, especially inclusive of viruses, Trojan horses, or internet bugs.
d) Unauthorized scanning of the network of Bitforce or other Users in search of security gaps.
e) Unauthorized monitoring of network traffic or other attempts of intercepting information reserved for Bitforce or to other Users.
f) Unauthorized attempts at breaking the security of a computer or network of another User.
g) Pharming, that is the use of malicious software, disturbing the operation of DNS servers or other means aimed at redirecting User to a website or to another site impersonating the Site in order to gather personal data of the User, or other information.
h) Taking over IP addresses.
i) Direct or indirect sending, collection, sale, or distribution of email addresses for the purposes of sending mass unsolicited correspondence (spam).
a) Threaten, defame, stalk, abuse or harass other persons or engage in illegal activities.
b) Link to the Site from another website or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or Bitforce deems, in its sole discretion, to be otherwise objectionable.
c) Frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Bitforce and any third person or potentially deprive Bitforce of revenue (including, without limitation, revenue from advertising, branding or promotional activities).
d) Violate any person’s or entity’s legal rights (including, without limitation, intellectual property rights or privacy rights), transmit material that violates or circumvents such rights or remove or alter intellectual property or other legal notices.
e) Transmit files that contain viruses, spyware, adware, or other harmful code.
f) Advertise or promote goods or services the Provider deems, in its sole discretion, to be objectionable (including, without limitation, by sending spam).
g) Interfere with others using the Site or Product or otherwise disrupt the Site.
h) Transmit, collect, or access Users’ personal data without the consent of those Users and Bitforce.
i) Engage in unauthorized spidering, “scraping” or harvesting, contact or other personal data or use any other unauthorized automated means to compile information.
j) Defeat any access controls, access any portion of the Site that Bitforce has not authorized User to access.
3.5. If the User uses a Contact Form, he/she is obliged to give real information, true to facts of the case.
3.6. Bitforce undertakes to ensure possibly the highest quality and stability of the Site and the Product, however within the maximum extent allowed by applicable law, Bitforce shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
3.7. Within the maximum extent allowed by applicable law, Bitforce shall not be liable for temporary inability to use the Site or the Product, caused by the implementation of new solutions and facilities within the framework of the Site. As much as possible, Bitforce will be notifying Users of any scheduled breaks in the Site operation and the Product accessibility or any inconveniences that may occur in its use. Bitforce reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site and the Product, which may temporarily cause difficulties or make it impossible for Users to use the Product.
3.8. In special cases affecting the security or stability of the Site and the Product, Bitforce reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Users and to conduct maintenance works aimed to reinstate the security and stability of the Site and the Product.
3.10. It is the User’s responsibility to provide proof of ownership of games once the ‘I own this game’ option is selected, or the ‘I own this game’ button is pressed or clicked. The Product provides a platform to enable the User to play their games and does not verify game ownership in any way.
4. GPU RENTAL
4.1. Bitforce grants permission to temporarily download a copy of the materials (information or software) on Bitforce’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license the user shall not:
a) Modify or copy the materials.
b) Use the materials for any commercial purpose, or for ay public display (commercial or non-commercial).
c) Attempt to decompile or apply reverse engineering to any software contained on Bitforce’s website.
d) Remove any copyright or other proprietary notations from the materials; or
e) Transfer the materials to another person or “mirror” the materials on any other server.
4.1.2. This license shall automatically terminate if the User violates any of these restrictions and may be terminated by Bitforce at any time.
4.1.3. Upon the User terminates viewing these materials or upon the termination of this license, the User must destroy any downloaded materials in his/her possession whether in electronic or printed format.
5. CLOUD MINING
5.1. Cloud Mining, Services and Pool.
Mining hardware (hereinafter referred to as “the Mining Hardware”) consists of specialized computing hardware, computer programs, networking interconnectivity and associated facilities that run proprietary mining software (hereinafter referred to as “the Software”). Bitforce is selling the user the specific volume of processing power (hereinafter referred to as “the Service” or “the Services”) of that Mining Hardware corresponding to an amount of processing power (measured in quantity of calculations per second or “Hashes”) specified in each order for probable, but not guaranteed, opportunity to earn. Bitforce provides all Mining Hardware to provide Services to the user and other users (“Users”) and for its our own account.
5.2. Mining Contracts
5.2.1. When the user enters on this Agreement, they are empowering Bitforce to provide them the Service, and Bitforce accepts their request by sending them an order confirmation (hereinafter referred to as “the Order Confirmation”); a contract (hereinafter referred to as “the Mining Contract”) to provide the Service is formed. Upon initiation of Service, Bitforce will allocate a part of Mining Hardware equal to a certain amount of the mining computer computational power (“Mining Contract Capacity”) to the user to carry out mining services.
5.2.2. The types of Mining Contracts potentially available at any time are described in detail at www.bitforce.online. The user must have purchased a Mining Contract to have any right to use Services to obtain any right to Product (defined below).
5.3. Cloud Mining
Bitforce provides the Mining Services to the user and its other Users, including customers who have current and valid Mining Contracts as well as to use for its own account. Bitforce acknowledges that by executing this Agreement and reserving the Mining Contract, and by logging into its Site and accessing their account, the user undertake mining on their behalf only, at their own risk and for their own benefits. Bitforce retains for its own benefit the portion of the total Mining Hardware not allocated through Mining Contracts.
The user’s “Wallet” is the address that they provide to Bitforce from time to time for the payment to user of their Customer Portions. Bitforce does not operate the user’s Wallet. By entering Wallet address the user acknowledges the ownership of it. Bitforce is solely responsible for maintaining and controlling the user’s Wallet. The user must assure the safeguard of their access credentials to their Wallet. Any Product is only as secure as its confidential access credentials. If the user forgets or misplaces their access credentials to their Wallet or if others gain access to their Wallet, with or without their authorization, the user could permanently lose their assets, including any Customer Portions Bitforce has transferred to their Wallet. To be clear, Bitforce has no liability for any operation or failure of the user’s Wallet.
5.5. Distribution of Product Portions
Customer Portions will be distributed to their Wallet (defined below).
5.6. Service Fee
The fee that the user pays for the Mining Contract, as described on the Site.
Any particular Mining Contract Capacity allocation shall be terminated by Bitforce (i.e., it shall no longer be effective and will not be reinstated), if for 72 consecutive hours the Customer Portions related to such Mining Contract Capacity are less than the maintenance fee for such Mining Contract Capacity. For the avoidance of doubt, the user shall be allowed to avoid such termination if they make arrangements acceptable to Bitforce in advance to fund the full amount of the maintenance fee during the period when the Customer Portions are less than the maintenance fee.
• “Base Fee” consists solely of the committed base monthly fee paid by Customer for the Services and excludes all other fees that might be paid by Customer including, but not limited to, charges for additional services, incremental bandwidth usage and any other type of optional additional services.
• “Customer Content”, for purposes of this SLA, means objects delivered from a Delivery Server.
• “Delivery Server” means Bitforce owned or operated servers for delivering Customer Content located on the CDN at Bitforce’s Points of Presence (each, a “POP”).
• “Downtime” means complete unavailability of transmission of Customer Content through CDN Services covered by the uptime guarantee for more than fifteen consecutive minutes.
• “Origin Server” means either Bitforce’s or Customer’s server, where Customer Content is stored for retrieval by Delivery Servers.
6.2. Service Credits
To receive Service Credit under this Services SLA, Customer must submit a request in writing via e-mail to firstname.lastname@example.org. The request must include Customer’s (1) company name, (2) contact name, (3) e-mail address and (4) phone number, as well as (5) the date of the suspected Downtime and (6) a reasonably detailed description of the reason for the Service Credit request. Bitforce must receive the Service Credit request within 30 Days after the suspected Downtime has occurred. The suspected Downtime must be capable of confirmation by Bitforce’s measurement tools. Any issued Service Credit shall be applied to Customer’s next applicable invoice after Bitforce initially received and reviewed the Service Credit request. Service Credits are exclusive of any Taxes charged to Customer or collected by Bitforce.
Service Credits shall not entitle Customer to any refund, reimbursement, or other payment from Bitforce. Service Credits shall not be applied or transferred to other accounts of the Customer or of third parties.
Notwithstanding anything in this SLA to the contrary, total Service Credits issued to Customer in connection with any calendar month shall not exceed the Base Fee paid by Customer for such month. All Service Credit is calculated based on a 30-day month. To be eligible for Service Credit, Customer must follow Bitforce’s published instructions for use of Services and the MSA; improper use shall result in ineligibility. Service Credit shall not be issued if Customer is in breach of the MSA or the applicable Service Order, including breach for non-payment. Service Credit will only be issued if Customer has paid in full for Services covering the period within which the Service Credit is requested. Bitforce reserves the right to periodically change the measurement points and methodologies it uses. This SLA sets forth Customer’s sole and exclusive remedy for a Downtime or other service outage.
7.1. Reporting of Defects
Customer shall report to Bitforce any defect as soon as possible. When reporting a defect to Bitforce, the customer will send a defect report (“Defect Report”) to Bitforce that includes (1) Customer name and on-site technical contact information (telephone number, email address and hours of operation of the responsible Customer contact), (b) any available serial numbers of the defective components of the Service, (c) a reasonably detailed description of the defect, together with any supporting information that customer’s engineers believe will assist Bitforce in its diagnostic process (including e.g. time of first occurrence of defect, affected systems, error messages etc.), and (d) the date and time that the Defect Report is submitted to Bitforce.
Customer may contact Bitforce for submission of Defect Reports during the following service times 24/7/365 through the email email@example.com.
7.2. Specific Availability
Bitforce will ensure Colocation Availability in the form of A/C power available to the outbound port on the customer’s serving power distribution unit (PDU) 100% of the time. Power includes UPSs, PDUs and cabling, but does not include the power supplies on the customer’s servers. Colocation Downtime exists when a particular server is shut down due to power problems. This availability is calculated monthly beginning with the first full calendar month of provision of Services.
If Bitforce fails to meet the required Colocation Availability in a particular calendar month and the failure materially and adversely affects the performance of the customer’s servers, customer shall be entitled to a Service Credit.
Bitforce will ensure a 99% network availability for customer per calendar month. “Network” means the portion of the network extending from the outbound port on the customer’s edge device to the outbound port on the border router and includes Bitforce managed switches, routers, and cabling. “Network Availability” is defined as the ability to pass TCP/IP traffic with less than 3% packet loss and less than 50ms latency across the specific data center network. This availability is calculated monthly beginning with the first full calendar month of provision of services.
If Bitforce fails to meet the required Network Availability in a particular calendar month and the failure materially and adversely affects the performance of the Customer’s server(s), Customer shall be entitled to a credit.
Service Credits shall not entitle customer to any refund, reimbursement, or other payment from Bitforce. Service Credits shall not be applied or transferred to other accounts of the customer or of third parties.
Notwithstanding anything in this SLA to the contrary, total Service Credits issued to customer in connection with any calendar month shall not exceed the monthly recurring fee for the affected server(s) paid by customer for such month. All Service Credit is calculated based on a 30-day month. To be eligible for Service Credit, customer must follow Bitforce’s published instructions for use of Services and the MSA; improper use shall result in ineligibility. Service Credit shall not be issued if customer is in breach of the MSA or the applicable Service Order, including breach for non-payment. Service Credit will only be issued if the customer has paid in full for Services covering the period within which the Service Credit is requested. Bitforce reserves the right to periodically change the measurement points and methodologies it uses. This SLA sets forth customer’s sole and exclusive remedy for a Downtime or other service outage.
• “Error Rate” means: (i) the total number of internal server errors returned by Bitforce as error status “InternalError” or “ServiceUnavailable” divided by (ii) the total number of requests for the applicable request type during that five-minute period. We will calculate the Error Rate for each account as a percentage for each five-minute period in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the SLA exclusions or events not to be regarded as Downtime.
• “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each five-minute period in the monthly billing cycle.
Storage Services include one of the following services: SFTP; S3. For each service the availability level and services credits are calculated separately.
8.2. Guarantee of Availability
Subject to the SLA exceptions set forth in the MSA, Bitforce provides a 99.9% uptime guarantee to customer. Availability in this SLA is calculated based on the cumulative Downtime for a given calendar month. Subject to the terms and conditions of this SLA and the MSA, Bitforce shall issue to customer a credit for a Downtime (“Service Credit”) based on the percentage availability in a given monthly billing period (credit amounts expressed as a percentage of the fee for the affected Service).
Downtime starts from the moment the incident ticket is opened by Bitforce. Downtime is considered to be fixed upon the moment when the ticket is closed, and the respective notification is sent to the Customer.
The following time periods do not count as Downtime:
• Non-compliance of the Services with the Service Levels due to any Excluded Cause according to the MSA, available at www.bitforce.online.
• Time spent by Bitforce resolving reports by customer which do not specify a defect.
8.3. Service Credits
To receive Service Credit under this Services SLA, customer must submit a request in writing via email to firstname.lastname@example.org. The request must include customer’s (a) company name, (b) contact name, (c) email address and (d) phone number, as well as (e) the date of the suspected downtime and (f) a reasonably detailed description of the reason for the Service Credit request. Bitforce must receive the Service Credit request within 30 days after the suspected downtime has occurred. The suspected downtime must be capable of confirmation by Bitforce’s measurement tools. Any issued Service Credit shall be applied to customer’s next applicable invoice after Bitforce initially received and reviewed the Service Credit request. Service Credits are exclusive of any taxes charged to customer or collected by Bitforce.
8.4. Scheduled Maintenance
Bitforce reserves the right to perform Scheduled Maintenance subject to the MSA.
8.5. Emergency Maintenance
Bitforce reserves the right to perform emergency maintenance from time to time. These events should not be a regular occurrence, however, are required should there be a security patch, bug fix or change that is rendering any part of the services inoperable. Each emergency maintenance window will be customized depending on the severity of the issue. Best endeavors will be used to provide the prompt notice to the customer. Emergency maintenance will not be considered downtime for purposes of calculating the availability in the SLA.
9. AI & MACHINE LEARNING CLOUD
9.1. Service Availability
Subject to the other provisions of the MSA, Bitforce will provide the customer with availability. Availability is provided under the condition of the customer’s compliance with its obligations, allocations, limits, and other technical limitations imposed by Bitforce.
10. USER ACCOUNT
As part of the process of selecting and paying for the Services, the user is required to create an account on the Site (hereinafter referred to as “the Account”) and to provide their email (hereinafter referred to as “the Username”) and password (hereinafter referred to as “the Password”). To protect their Account and to prevent unauthorized access to it, the user shall keep their Password confidential. The user is responsible for any activity that occurs on or through their Account. If the user is aware of or suspect of any unauthorized use of their Password or Account, they must immediately change their Password and notify Bitforce as soon as possible. If Bitforce believes that there has been unauthorized access to the user’s Account, Bitforce reserves the unilateral right to suspend or discontinue any or all Services, their Account, and in such a case it will endeavor to notify the user.
11. USE OF THE SITE
The user’s use of the Site is governed by this Agreement as posted on the Site from time to time. Please take the time to read these and to check for changes regularly, as they include important terms that shall be applied to the user.
12. USER IDENTIFICATION
Because providing Services may entail Bitforce to undertake financial risk on the user’s behalf, whenever the user reserves a Service, Bitforce may investigate the user’s personal history in public records or their credit history or score. To register as a customer, as well as while being serviced, Bitforce may require the user to provide identification or other documentation to help Bitforce prevent fraud or money laundering (see 12.1.). This may include photographic identification and a recent proof of address. Bitforce may also undertake its own identity, fraud, and credit checks. The allow Bitforce to share credit information about them with credit reporting agencies and any of their other affiliated companies.
12.1. CREDAS PLATFORM AND APP FOR USER IDENTIFICATION
To register as a user, as well as while being serviced, Bitforce may require the user to provide identification or other documentation to help Bitforce prevent fraud or money laundering. For this purpose, Bitforce make use of Credas Technologies Ltd services.
12.1.1. Credas Technologies Ltd Services
Bitforce may ask the user to download Credas App and use Credas services to assist us to facilitate ID verification and documents checks. Credas will then send to Bitforce a report detailing the results of the verification checks. In some cases, Bitforce may request additionaL information from the user, or ask Credas to carry out an additional verification check if an earlier one was not passed.
12.1.2. USER’S DATA COLLECTION FROM CREDAS
Credas acts as a data processor, and Bitforce is the data controller of such personal data. Personal data, or personal information, means any information about an individual from which that person can be identified.
The categories of data which Credas collects are as follows:
Identity Data. First name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender.
Contact Data.Address, email address and telephone numbers.
Financial Data.Bank account details and credit check status.
Content Data.Includes login information, digital content uploaded, photos (selfies for ID verification), documents (for document verification such as passports, driving license, national ID card, VISA, utility bills, payslips, CSCS card, residence permit, birth certificate or other) that you upload into the App.
Profile Data.Includes your username and password, preferences, feedback, and survey responses.
Usage Data.Includes details of your use of the App and Our Site.
Bitforce may request Credas to carry out the following Verification Checks, therefore the data that will be requested from the user will depend on the Verification Check Credas is asked to perform:
date of birth
international PEP check,
international sanctions check,
bank account verification check,
credit status check,
right to work checks,
right to rent checks,
proof of ownership check, and
ultimate beneficial owner check.
Verification Checks and Special Category Data Credas may collect about the user
If the user is using the App to facilitate ID verification (facial recognition), this is classed as Special Category Dara as it may include genetic and biometric data.
When carrying out an ID Verification Check on the user passport, in the first instance Credas will only read the data from the chip contained on the passport. If this process is successful in providing Credas with the data that is needed to satisfy the Verification Check, Credas will not scan a copy of the photo.
If the chip reading is unsuccessful, Credas will only then proceed to scan a copy of the photo which will be considered Special Category Data. Under data protection laws Credas requires the user to express consent to process Special Category data, which will be facilitated in the sign-up process when the user upload his/her ID documentation to Credas. If the user does not provide consent for Credas to process this data, Credas may not be able to carry out the Verification Check required by Bitforce, and the Bitforce will be notified of this.
Credas do not collect any additional Special Categories of Personal Data about the user (details about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership or information about health).
Certain Verification Checks will require Credas to collect information from its Data Providers relating to criminal convictions, offences, and terrorist activity.
13. USE OF BITFORCE SERVICES
13.1. Access Requirements
Before the user can use Bitforce Services, they must have a valid Service, Bitforce must approve such Service, and the user must have a valid Account.
13.1.1. Restrictions. Due to the regulatory restrictions, Bitforce Services are not available to the US residents. If the user is a US resident, please do not access the Site. If the user has any question regarding the use of the Site or Services, please contact Bitforce customer support service at email@example.com. The user should carefully read these terms and conditions before using the Services since that by using the Services and/or visiting the Site, they agree to be bound by these terms and conditions and the applicable Agreement.
13.2. Customer Identification
Because providing Services may entail Bitforce to undertake financial risk on the user’s behalf, whenever the user reserves a Service, Bitforce may investigate the user’s personal history in public records or their credit history or score. To register as a customer, as well as while being serviced, Bitforce may require the user to provide identification or other documentation to help Bitforce prevent fraud or money laundering. This may include photographic identification and a recent proof of address. Bitforce may also undertake its own identity, fraud, and credit checks. The allow Bitforce to share credit information about them with credit reporting agencies and any of their other affiliated companies.
13.3. User Due Diligence
By using Bitforce Services, the user acknowledges and warrants that they have conducted sufficient due diligence to understand the risks associated with them.
13.4. Necessary Hardware/Software
Unless otherwise provided, the user is responsible for providing the hardware and software necessary to access Bitforce Services and for ensuring such hardware and software can access the Site and using its Services, and the user will bear all costs associated with the acquisition and maintenance of such hardware and software. Bitforce does not guarantee the functionality of its Services or the Site on any hardware or software. Bitforce will not be responsible or liable for any errors or failures from any malfunction of the user’s hardware or software.
14. PRICE OF SERVICES
Price for Services will be as quoted on the Site from time to time. Bitforce take all reasonable care to ensure that the prices of the Services are correct at the time when the relevant information is entered into the system. However, if Bitforce finds an error in the price of a Service the user ordered, their order will be revised.
14.2. Change in Prices
Prices for Bitforce Services may change from time to time.
Where applicable, the price of a Service includes VAT (value added tax) at the applicable current rate chargeable in Portugal at the time of the order. However, if the rate of VAT changes between the date of the user’s order and the Order Confirmation, Bitforce will adjust the VAT they pay, unless they have already made full payment for the Services before the change in VAT takes effect.
14.4. Credit card
Credit Card purchases may require proof of ownership of the payment method and an identification request. In case of any Credit Card purchase, Bitforce have the right to place the user’s account on hold (hold the ability to withdraw any mined funds from their account balance) for a period of up to 30 days as a security measure of anti-fraud related regulations and policies.
15. RESTRICTIONS ON USE
15.1. Restrictions on Use
The user will not use Bitforce Services, or the content or information delivered through its Services to conduct any business or activity or solicit the performance of any activity for any illegal, fraudulent, unauthorized, or improper purpose. Bitforce will comply with all applicable constitutions, laws, ordinances, principles of common law, codes, regulations, statutes or treaties and all applicable orders, rulings, instructions, requirements, directives or requests of any courts, regulators, or other governmental authorities (hereinafter referred to as “the Law”) in connection with the user’s use of its Services.
15.2. Your Promises
Bitforce agrees that the user will not attempt to: a) access any Software or part of its Services for which their use has not been authorized; or b) access or use or attempt to access or use another User’s account; or (c) interfere in any manner with the provision of Bitforce Services or Software, the security of its Services or Software, or other Users, or otherwise abuse its Services or Software.
15.3. Our Remedies
If Bitforce has reasons to believe that the user or any entity under their common ownership or control have engaged in any of the prohibited or unauthorized activities described in this Agreement, have otherwise breached their obligations under this Agreement, have misappropriated Bitforce’s trade secrets or its Confidential Information, copyrights, patents or other intellectual property rights, then without demand or prior notice and without limiting any of its other available remedies, Bitforce may:
a) terminate, suspend, or limit the user’s access or use of their Account or Biforce Services.
b) terminate or suspend this Agreement or any Service.
c) withhold the distribution of any Customer Portions to the user.
d) notify law enforcement agencies, regulatory authorities, impacted third parties and others as it deems appropriate.
e) refuse to provide its Services to the user in the future.
f) take legal action against the user.
“Technology” means Bitforce’s or its Suppliers’ computer programs, literary works, audiovisual works, all other original works of expression, methods, apparatus and processes that Bitforce publishes, distributes, uses or otherwise exploits to facilitate the use of its Services, and includes without limitation its Software, software tools, user interface designs, and any derivatives, improvements, enhancements or extensions thereof developed or provided by Bitforce or its Suppliers and used in the provision of our Services.
This Agreement does not transfer to the user any ownership or proprietary rights in the Technology or any work or any part thereof, and all right, title and interest in and to the Technology will remain solely with Bitforce or its Suppliers. The user is not purchasing title to any Technology. If the user is approved to use Bitforce Services, they are allowed to use Technology only as enabled and attended through their Account at the Site and only during the Term. That permission is for the sole purpose of enabling the user to use Bitforce Services in the manner allowed by this Agreement. The user rights under this Agreement shall not be transferred to any other person without their prior express written consent.
16.3. Restrictions on Use
Bitforce will not copy Technology or use Technology independently other than as set forth above, and it grants the user no license, whether express or implied, in any copyright, patent or any other intellectual property rights embodied in Technology.
17. USER PERSONAL INFORMATION
When considering the user request for the Service, for their own security Bitforce reserves the right to use any of the information they have provided to research their bona fides, credit and legal history, and any other information about them in publicly available sources. The user grant to Bitforce the full permission to research them and their background before accepting their request.
18. CHANGES TO THIS AGREEMENT
18.1. Bitforce Right to Change this Agreement
a) changes in how Bitforce accepts payment from the user.
b) changes in how Bitforce interacts or communicate with the user.
c) changes in any relevant Law.
d) changes in the financial viability (to be decided at Bitfoce’s sole discretion) of the Service.
e) occurrence of an event outside Bitforce’s control.
f) and changes in Law applicable to the Service.
18.2. Notice of Changes
Bitforce will notify the user of any Changes in one of the following ways, in its sole discretion: (a) sending an email; or (b) providing notice when the user logs in to their Account or otherwise use its Services. Notice of any Changes will be considered to have been given to and received by the user on the same day after such notice was provided or made available to them.
18.3. User Consent
The user continued use of Bitforce Services or their purchase of any additional Service after the effective date of any Changes will constitute their acceptance of any such Changes. As part of any Changes, the user may be required to affirmatively accept a revised Agreement to continue using Bitforce Services.
18.4. Application of Changes
Unless otherwise provided by this Agreement or applicable Law, Changes shall only be applied after their effective dates and shall not be applied retroactively.
18.5. Changes Made for Legal Reasons
Changes made for legal reasons, including but not limited to Changes to comply with any relevant Laws, will become effective immediately. Bitforce will contact the user as soon as reasonably possible to notify them of such Changes.
19.1. Your Right to Terminate
The user may terminate this Agreement and any Service by giving the notice of termination to Bitforce by sending an email to firstname.lastname@example.org. The user normally will not be entitled to receive any refund of their Service.
19.2. Consequences of Termination
If the user terminates any Service or terminates or otherwise refuses to accept the terms of this Agreement, Bitforce shall cease to provide any Services and they will no longer be obligated to pay any regularly charged fee. If the user terminates a Service pursuant to this Section, their Service Fee will not be refunded. If the user terminates this Agreement and their own wrongful activity or violations of this Agreement or potential obligations to Bitforce at the time of termination, in which event Bitforce is allowed to retain any amounts owed to the user as a set off against those damages and other obligations.
20. BITFORCE LIABILITY TO THE USER IS LIMITED TO THE SERVICE FEE
Nothing in this Agreement limits or excludes Bitforce liability for:
a) death or personal injury caused by Bitforce’s negligence; or
b) fraud or fraudulent misrepresentation.
20.2. The Company’s suppliers
a) Bitforce uses the Site to resell the hashing power provided by its Suppliers. For the avoidance of doubt, the Suppliers retain the responsibility to the final users of the hashing power for providing the Services.
b) In some jurisdictions, the claims against Bitforce’s Suppliers may not be enforceable. To the extent that is the case, the provisions of this Agreement that limit its liability or disclaim warranties also apply to its Suppliers.
20.3. The user Service Fee is at risk, and there is no guarantee that the Service will produce product
The fact that people have benefited from mining in the past is no indication that you will benefit from such mining, or from the Service, in the future. The user should view their entire Service Fee as being at risk as they enter into this Agreement. Bitforce makes no representation, warranty or guarantee that the user will receive the Product from the Services.
20.4. Inability to Perform
Except as otherwise provided by nonwaivable, nondisclaimable applicable Law or the express provisions of this Agreement, Bitforce will not be liable for its inability to perform its obligations under this Agreement if it has taken reasonable precautions and exercised the diligence required by the circumstances when its inability to perform is the result of an Event Outside Our Control.
20.5. Other Disclaimers of Liability
Except as otherwise provided by nonwaivable, non-disclaimable applicable Law or the express provisions of this Agreement, Bitforce will not be liable for any losses or damages caused by:
a) User’s misconduct, errors, or negligence, including their failure to comply with the terms of this Agreement.
b) an action or inaction of any person not being directly within Bitforce control.
c) unauthorized access to the user’s Account or their failure to report such unauthorized access to Bitforce promptly.
d) The user’s use or misuse of Bitforce Services.
20.6. WARRANTY DISCLAIMERS
The user understands and agrees that their use of the Service is at their own sole risk.
Bitforced provides the service ‘as is’ and without warranty by Bitforce, its directors, officers, agents, employees, parents, subsidiaries, affiliates, licensors, marketers advertisers or suppliers (referred to as “the other entities”), as applicable, and, to the maximum extent allowed by applicable law, Bitforce and the other entities expressly disclaim all warranties, expressed or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of noninfringement of third party rights. There is no warranty, whether by Bitforce or the other entities, that the service will meet the user requirements, or that their access to the same will be uninterrupted or error-free, or regarding the use or the results of the use of the service or with respect to performance, accuracy, reliability, security capability, currentness or otherwise. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to Bitforce or the other entities, as applicable. Under no circumstances shall Bitforce or the other entities be liable for any unauthorized use of the service or your account.
Under no circumstances shall Bitforce or the other entities be liable to the user for any indirect, consequential, incidental, punitive, or special damages (including damages for loss of profit, business interruption, loss of your information, and the like), whether based on contract, negligence, strict liability, tort, or otherwise, arising out of or related to this agreement, the marketing or purchase of the service or any use.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the user. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then Bitforce and the other entities will be entitled to the maximum disclaimers or limitations on damages and liability available at law or in equity and in no event will those damages or liability exceed the greater of $100.
The user agrees to indemnify, defend, and hold harmless to Bitforce and the Other Entities, in their individual capacities or otherwise, from and against any third-party claims, liability, damages or costs (including reasonable attorneys’ fees) arising from:
a) User’s negligence.
b) any claim by a third party (hereinafter referred to as “the Third-Party Claim”) alleging that the user’s use of Bitforce Services violates the rights of any third party or violates any Law.
c) The user failure to comply with the terms of this Agreement.
d) The user violation of any applicable Law.
e) The user’s violation of any rights of a third party.
f) The user’s use of Bitforce Services.
22. EVENTS OUTSIDE OUR CONTROL
A “Force-Majeure” means any act or event beyond Bitforce’s reasonable control, including without limitation any strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications or power networks, equipment failure, system failure, material change to Law, or change in industry self-regulation regarding mining or associated services.
22.2. Our Liability
Bitforce will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations to deliver the Services that is caused by Force Majeure circumstances.
If a Force Majeure circumstance affects the performance of Bitforce obligations to deliver Services: a) Bitforce will contact the user as soon as reasonably possible to notify them; and (b) Bitforce obligations to the user will be suspended and the time for performance of its obligations will be extended for the duration of the Force Majeure circumstances. Where the Force Majeure circumstance affects Bitforce delivery of Services to the user for a period of greater than six months (referred to as the “Extended Force Majeure Circumstance”) Bitforce shall have sole discretion to cease provision of the Services to the user.
Bitforce is also entitled, during the Force Majeure circumstance, to allocate the disruption or harm across several affected Users or Services. The user acknowledges that this may reduce their allocated Services and the Customer Portion which is distributed to them.
Bitforce has the right to redeem the current active mining contracts at the current one-time allocation price to avoid disputes in connection with entry into force of the government regulation (if any) of the Services with 7 days’ notice via internal email.
23. DISPUTES RESOLUTION
The user and Bitforce both agree to resolve disputes arising under, concerning, or relating to this agreement (including any services), its interpretation, its validity (including any claim that all or any part of this agreement is void or voidable), its termination, or its subject matter, the marketing or purchase of the service or any use or inability to use the service, whether they are with Bitforce or any of its suppliers (to the extent not waived, as set forth above) only by mandatory, final, binding arbitration. That means that the user is waiving the right to a trial by judge or jury, since there is none in arbitration. In arbitration, the procedures may be different than in court, but an arbitrator can award the user the same damages and relief, and must honor the same terms in this agreement, as a court would. The user agrees that in some cases, the law permits the prevailing party to be reimbursed for its attorneys’ fees, and the same applies to disputes that the user raises in arbitration.
23.2. Arbitration of Disputes
Any controversy, claim, or dispute (“Dispute”) arising under, concerning, or relating to this Agreement (including any Services), its interpretation, its validity (including any claim that all or any part of this Agreement is void or voidable), its termination, or its subject matter, the marketing or purchase of the Service or any use or inability to use the Service, whether the Dispute is with Bitforce or any or any Supplier (to the extent not waived, as set forth above), whether the Dispute is for breach of contract, tort, or any other matter can only be resolved or adjudicated only by mandatory, final, binding arbitration.
23.3. Raising a Dispute
To raise a Dispute, the user must give Bitforce a notice of the Dispute by sending an e-mail to email@example.com with the words “RAISING A DISPUTE” in the subject line), along with a written description of their Dispute, including any documents and information that they believe will help Bitforce to understand their Dispute, and their requested resolution. In order to discuss the Dispute with the user, they permit Bitforce (or the Disputed party) to contact them by phone, text message, email or physical mail through any and all addresses or phone numbers that they have provided. The user must send to Bitforce a notice of any Dispute within 30 days of their discovering the act or omission that gave rise to their Dispute. If the user does not so notify Bitforce, then they lose their right to raise the Dispute.
23.4. Resolution Offer
Within the first 30 days after the user submitted their Dispute, Bitforce will have the right, but no obligation, to provide them with a proposed resolution of the Dispute (hereinafter referred to as “the Offer”). If the user is unsatisfied with the Offer, they must reject the Offer by giving notification to Bitforce within 14 days from the date of the Offer. If the user does not reject the Offer within the 14-day period, they will be deemed to have accepted it and forfeit their right to raise the Dispute. If Bitforce does not make the Offer within 30 days after the user submitted their Dispute or if they reject an Offer as set forth above, either they or Bitforce may commence the arbitration of the Dispute as set forth below.
23.5. Place and Language
The arbitration proceeding shall be conducted in the English language, in Portugal. Bitforce shall choose the arbitration service to be used for the Dispute.
Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon the award may be entered in any court having competent jurisdiction. The decision of the arbitrator must be based upon this Agreement and applicable Law. The decision of the arbitrator is final and binding except for fraud, misconduct, or errors of law, and judgment upon the decision rendered may be entered in any court having jurisdiction.
23.7. Waiver of Rights
It is important that the user has read this arbitration clause. It provides that they may be required to settle any claim or dispute through arbitration, even if they would prefer to litigate the claim in court. The user gives up the rights they might have to litigate such claims before a jury, to engage in discovery, and to participate in a class action or similar proceeding. Other rights that they would have if they went to court, such as the right to appeal the arbitrator’s award, might not be available in arbitration or might be more limited. The user should consult the legal counsel to determine whether this arbitration clause is appropriate for them or not.
The user understands and agrees that any dispute will be resolved by binding arbitration. Arbitration replaces the right to go to court, including the right to have a jury, to engage in discovery (except as may be provided in the arbitration rules), and to participate in a class action or similar proceeding. In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. Arbitration procedures are simpler and more limited than court procedures. The user also agrees any arbitration will be limited to the dispute between them and the company and will not be part of a class-wide or consolidated arbitration proceeding.
23.8. No class actions
Even if the applicable law, or the arbitrator otherwise permits class actions or class arbitrations, the dispute resolution procedure specified here applies and the user waives any right to pursue disputes on a class wide basis – that is – to either join a claim with the claim of any other person or entity or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding.
24. OTHER IMPORTANT TERMS
24.1. Governing Law
Portuguese law shall govern any disputes relating to the Service or these Terms, notwithstanding the Portuguese conflicts of laws’ rules or any other jurisdiction.
24.2. Entire Agreement
This Agreement (including any Services) constitutes the entire agreement between the user and Bitforce. The user acknowledges that they have not relied on any statement, promise or representation made or given by or on behalf of Bitforce which is not set out in this Agreement.
24.3. Our Assignment
Bitforce may transfer or assign the user’s rights and obligations under this Agreement or a Service to another entity, but this will not affect their rights or their obligations under this Agreement or the terms of the Service. Bitforce will endeavor to notify the user in writing if this happens.
24.4. Your Assignment
A Service is between the user and Bitforce, and the user may not assign, transfer, sublease, encumber or subject to any security interest a Service without written authorization from Bitforce. Any attempted assignment in violation of this Agreement will be void and of no effect.
24.5. Third Party Beneficiaries
No other person, except the user, shall have any rights to enforce this Agreement or a Service, whether under the Contracts or otherwise.
If any provision of this Agreement is held to be invalid or unenforceable, including without limitation anything regarding the arbitration process, such provision will be struck from this Agreement only to the extent it is invalid or unenforceable. Unless otherwise provided, all other terms of this Agreement will remain in full force and effect.
If Bitforce fails to insist that the user’s performs any of their obligations under this Agreement, or if Bitforce does not enforce its rights against the user, or if Bitforce delay in doing so, that will not mean that Bitforce has waived its rights against the user and will not mean that they do not have to comply with those obligations. If Bitforce does waive a default by the user, it will only do so in writing, and that will not mean that Bitforce will automatically waive any later default by the user.
If there is a conflict between this Agreement and something stated by any Other Entity, whether before or after the user enter into this Agreement, the terms of this Agreement will prevail.
Any terms of this Agreement which by their nature should survive will survive the termination of this Agreement.