Terms

Article 1 (Content of the Services)

• 1. The content of the Services shall be (a) the rental of the mining devices (referred to hereinafter as the "Mining Equipment" which includes related ancillary devices) for virtual currencies specified by the Company at the web page regarding each of the Services and other methods in response to an application from Members and (b) other services stipulated on a Separate Sheet. The Company may provide the Services through the GMO Internet Group.

• 2. When there are reasonable grounds for the Company to change, add to, or end part or all of the content of the Services, the Company may change the Agreement by determining the time when changes will become effective, and by notifying members of the time when changes will become effective, the changes that will take place, and the content of the Agreement after the changes take effect, by sending them an email, mailing them a notice in writing, posting on the web page or by another method designated by the Company.

• 3. Despite the preceding paragraph, the Company may, in its discretion, exchange the mining devices provided for the rental to all or a part of the Members as long as the Company determines such exchanged mining devices to be in conformance with the specifications set forth in the Separate Sheet "Mining Device Specifications", even after the commencement of the rental of the mining devices. Upon making any such exchange, the Company shall give notice thereof in advance to the Members who are subject to such exchanges and serial number of the mining devices after the exchange, etc. by sending them an email, mailing them a notice in writing, posting on the web page of the Members or by another method designated by the Company, and implement any settings as deemed necessary by the Company upon such exchange (including any settings necessary to reconnect the mining devices after any change to the mining pool to which the mining devices were connected to before such change, the "Resetting").

• 4. The Company shall bear no liability for damages, losses, costs, or expenditures (referred to collectively hereinafter as the "Damages") incurred by or other results for members or third parties due to changes in the Services under the preceding two paragraphs.

Article 2 (Scope of Application of the Agreement and the Start of the Services)

• 1. The Agreement shall be applicable when members accept the provision of the Services. The Company shall deem that members have consented to the Agreement at the time that they apply to use the Services or when they have used the Services.

• 2. Provision of the Services shall be started from the usage starting day that the Company has communicated to applicants after the usage fee set forth in Article 12 has been paid to the Company and once the condition is met that the Company has approved an application under the preceding paragraphs. After accepting an application under the preceding paragraphs, the Company will conduct a review of the applicant within a reasonable period of time, but the Company may decide not to approve the application when it has determined that the applicant falls under the definition of an Organized Crime Group (under the provisions of Article 21), or when it has determined that the Services will be used for illegal purposes, and otherwise when the Company has determined that it would be inappropriate to have the applicant as a member. In these cases, the Company shall refund the usage fees received under the preceding paragraphs, but no amount equivalent to interest shall be included in this.

• 3. Notwithstanding the provisions of the preceding paragraphs, if the Company has determined that it is unable to provide the Services by the usage starting day announced under the preceding paragraph, for any reason (including but not limited to where the Mining Equipment has not been completed), the Company may suspend provision of the Services upon separate notification to the applicant. In such a case, the Company shall refund the usage fees received under the preceding paragraphs, but no amount equivalent to interest shall be included in this.

• 4. In addition to the Agreement, members must also adhere to notices posted on the web page, notices sent by email, and other notifications made by the Company regarding each of the Services. Such notifications shall compose part of the Agreement.

Article 3 (Changes to the Agreement)

Article 4 (Definition of Members and Membership)

• 1. Natural persons, corporations and other groups shall be eligible to become members.

• 2. Members are defined as persons that possess the ID and password required at the time of using the Services (referred to together as "Member ID, etc." hereinafter) that have been issued by the Company.

• 3. A membership registration application shall be submitted in accordance with the method stipulated by the Company, and membership shall be granted at the time that the Company issues the Member ID, etc. to that person.

• 4. The Company shall not disclose anything concerning the content or the results of the review of the membership registration application, regardless of whether it was approved.

• 5. Members must represent that on the day of the membership registration application, they fulfill all of the grounds listed in the following items, and warrant that this status will continue for as long as they hold the status of a member.

  • (1) Members possess the authority and capabilities required for the conclusion and performance of the Agreement in accordance with applicable Laws and Ordinances. Members who are corporations have been established legally in conformance with local law, are currently ongoing corporations, possess their own assets and the authority and capabilities for the conclusion of the Agreement and performance of the obligations this Agreement. Members who are natural persons are adults who, in accordance with other applicable laws, fulfill the conditions necessary for having legal capacity (in Japanese Law, no guardianship, curatorship, or assistance under the Civil Code (Public Law No. 89 of 1897 and subsequent amendments) has been started, nor has an application been filed with a court to begin such, nor is there any risk of these, nor has any voluntary agreement for guardianship been concluded.)
  • (2) The Agreement is legally valid and binding on members and is enforceable in accordance with each of its provisions.
  • (3) Performance of the Agreement and transactions based on these by members (a) are not in violation of Laws and Ordinances, court rulings or orders binding the member, (b) where the member is a corporation, are authorized legally through all necessary internal procedures, and (c) are not in violation of contracts with third parties that are binding on the member or its assets Members are not parties to contracts with third parties that have serious and disadvantageous effects on the performance of obligations of members under the Agreement.
  • (4) Members have not filed an application to begin bankruptcy proceedings, corporate reorganization proceedings, civil rehabilitation proceedings, or special liquidation proceedings (including similar proceedings in foreign countries, hereinafter referred to as "Applications to Begin Insolvency Proceedings") themselves, and no Applications to Begin Insolvency Proceedings have been filed by third parties regarding members. Members are not in a condition where they are insolvent, unable to pay debts, or have liabilities in excess of assets, and will not end up in a condition where they are insolvent, unable to pay debts, or have liabilities in excess of assets as a result of performing transactions based on the Agreement.
  • (5) All of the information disclosed to the Company in conjunction with the application by the member for membership registration is accurate, complete and truthful at the time of disclosure, and no false statements or reports have been made.
  • (6) Members will not use the Services for illegal purposes.
  • (7) Members have considered seriously the existence of risks (including but not limited to the following items), all of the disclaimers prescribed in Article 23 and set forth in the other provisions of the Agreement, and the costs and all of the other disadvantages, and are applying for the Services based on an understanding that they are responsible for deciding whether using the services is appropriate or not.
    • (i) As a general rule, the Services cannot be canceled during the contract term, and usage fees already paid shall not be refunded even in the event that the contract is terminated during the contract term for any reason.
    • (ii) There is a possibility that the performance of the Mining Equipment used for the Services may be lower than expected, and the Company does not guarantee the expected performance of the Mining Equipment. In addition, due to technological innovation, there is a possibility that in the future, the Mining Equipment may lag behind the performance of other equipment used in the mining of virtual currencies.
    • (iii) The value of the virtual currencies such as Bitcoin that is the object of the mining of virtual currencies that is performed with the Mining Equipment used for the Services is unlike legal tender and is not backed by the government. There are large fluctuations due to supply and demand in the virtual currencies markets, government regulations, changes in virtual currencies protocols, and technological innovations. There is also the possibility that mining of such virtual currencies will become impossible due to the virtual currencies reaching issuance limits.
    • (iv) When using the Mining Equipment used for the Services by connecting to a mining pool, the mining of virtual currencies and the allocation of virtual currencies obtained thereby is performed by the mining pool, and the amount of virtual currencies that can be actually obtained is dependent on the details of the agreement with the mining pool and the activities of the mining pool.
  • (8) Members are not being provided the Services on behalf of another person or organization.

Article 5 (Cancellation Procedures to be Performed by Members)

• 1. A member may cancel at any time by requesting cancellation in accordance with the method set forth separately by the Company. After the Agreement becomes effective under Article 2 (1), when a member cancels, the Agreement terminates as a matter of course, and after that the member shall not be able to receive the Services provided.

• 2. Even when canceling, the member shall still be responsible for the usage fees and the Costs (defined in Article 11(5), hereinafter the same) and for the payment of other claims. The member shall pay such claims in accordance with an invoice from the Company. In addition, even with such a cancellation, the member shall not be refunded any of the usage fees or Costs already paid.

• 3. The Company shall bear no liability for Damages incurred or other results for members or third parties due to cancellation by the member.

Article 6 (Cancellation Procedures to be Performed by the Company)

• 1. When any of the circumstances set forth in the following items is applicable to a member, the Company may cancel the membership immediately without any communication to or notification of the member or taking any other procedures.

  • (1) When the member has violated a contract that has been concluded with the Company, or when there is a risk of such a violation.
  • (2) When any of the events set forth in each of the items in Article 18 (1) have occurred.
  • (3) When the member has been suspended from transactions by a clearing house or an electronically recorded monetary claim institute, or is subject to a disposition of seizure or disposition for failure to pay (including any similar dispositions in a foreign country) regarding the assets of that member.
  • (4) When member is subject to a judgment to start guardianship (including similar proceedings in a foreign country).
  • (5) When the member has died.
  • (6) When there has been an Application to Start Insolvency Proceedings for the member.
  • (7) When the member has submitted false or inaccurate information to the Company.
  • (8) When the Company has determined for reasons other than the preceding items that the applicant is not fit to be a member.

• 2. When membership is revoked for such a member based on the preceding paragraphs, the Company shall be able to rescind the contract for the Services involving such a member.

• 3. If any of the circumstances in each item of Paragraph 1 of this Article are applicable, such a member shall forfeit the benefit of time concerning monetary obligations to the Company, and such obligations shall be repaid all at once.

• 4. Revocation of membership under this Article shall not preclude the Company claiming compensation for Damages from the person who was a member.

• 5. The Company shall bear no liability for Damages incurred or other results for members or third parties due to revocation of membership under this Article.

Article 7 (Transfer of Rights)

Article 8 (Appropriate Management of Member ID, etc.)

• 1. Members shall manage the Member ID, etc. given to them by the Company based on self-responsibility.

• 2. Members shall notify the Company immediately if they forget or disclose their Member ID, etc. or if it is stolen, and shall follow the instructions of the Company.

• 3. When members make use of the Services by using their Member ID, etc., regardless of whether there has been a notification under the preceding paragraph, they agree that it shall be deemed that it is use by the members themselves

• 4. The Company shall bear no liability for Damages incurred or other results for members or third parties due to forgetting or disclosing or theft of the Member ID, etc.

Article 9 (Notification of Changes to Member Information)

• 1. When there is a change to or error in the member information submitted to the Company, members shall apply to the Company without delay for a change in the submitted items, by a method stipulated by the Company.

• 2. Of the member information submitted to the Company, members shall not be able to change their names, in the case of natural persons, nor their trade name or organization name, in the case of corporate or group members. There is an exception, however, when any of circumstances set forth in the following is applicable.

  • (1) For members who are natural persons, when there has been a change of name due to marriage, etc.
  • (2) For corporate members, when there has been a change in the trade name or organization name
  • (3) When the Company has deemed that there is a particular need in the Company’s provision of the Services other than under each of the preceding paragraphs

• 3. For corporate or group members, when a merger or other circumstances arise in which there is a succession of their status is inherited, the corporation that has succeeded to that status shall succeed to all of the rights and obligations of that member as long as there is no special agreement between the Company and that member.

• 4. In the cases under the preceding paragraph, the person who succeeded to the status of member shall be deemed to have consented to the Agreement and the agreements related to the use of the Services at the time of succession. Furthermore, they shall submit an application for changes to the notified items to the Company without delay by a method stipulated by the Company.

• 5. The Company shall bear no liability for Damages incurred or other results for members or third parties due to the member not submitting the notification set forth in the preceding paragraphs or submitting it late.

Article 10 (Protection of Member Information)

Article 11 (Usage Fees)

• 1. Members shall follow the provisions of the Agreement and must pay the fees for the Services.

• 2. The Company shall notify members separately of the details of the usage fee for the Services by means of a notice sent separately by means such as a letter by post or email, or by posting on the web page.

• 3. The Company may change usage fees temporarily when campaigns or events are held.

• 4. Other than when usage fees are refunded under Article 2 (2) and (3), the usage fee, once paid to the Company, shall not be refunded for any reason (including but not limited to failures or accidents occurring in the Mining Equipment, the results of mining that used the Services provided, the circumstances set forth in each item of Article 19(1) and any other circumstances).

• 5. As a payment of an amount corresponding to the costs incurred for the provision of the Services (referring to electricity charges, maintenance costs, hereinafter, the "Costs" , and referred to collectively with the usage fee as the "Usage Fees") the amount specified by the Company will be paid by a method specified the Company on or before the 10 day of the previous month (or the following business day when such day is a Sunday, holiday or national holiday). The Costs specified by the Company shall be determined by the Company based on the anticipated costs. Even if the actual costs paid by the Company are lower, the difference shall not be refunded to the members, and member shall not state any objections to this. However, the Company may take such a difference into account in the determination of the Costs for the following month Members will acknowledge that the Company bears no responsibility for and makes no warranty as to the level of the Costs, including electricity fees.

Article 12 (Payment Methods)

• 1. Members shall pay the Usage Fees in accordance with the deadline and the method and other conditions specified separately by the Company.

• 2. Members shall bear the costs related to payment of the Usage Fees such as bank transfer fees.

• 3. The Company shall bill members for the Usage Fees and notify members of the details of the Usage Fees by sending a letter by post, email, or another method as designated by the Company.

Article 13 (Repayment Methods, etc.)

Article 14 (Principle of Self-Responsibility)

• 1. Members shall bear all responsibility for the use of the Mining Equipment in the Services and shall not cause any disruption or damage to the Company. Furthermore, in the event that information represented by a member or other acts of a member should cause damage to the Company, the member shall compensate the Company for such Damages.

• 2. When members cause Damages to third parties (including other members) regarding the use of the Services, such member shall be responsible for bearing the cost of and compensating for such Damages on their own responsibility, and the Company shall bear not bear any responsibility.

• 3. When any disputes arise between members and third parties related to the use of the Services, such members shall be responsible for resolving such disputes at their own cost, and the Company shall not bear any responsibility.

• 4. When officers or employees of corporate or group members (regardless of title or form of employment, hereinafter, "Officers and Employees") have committed an act that falls under any of the categories of prohibited items set forth in each item of Article 16, or damages to the Company or third parties are caused intentionally or due to negligence of the Officers and Employees, the actions of such Officers and Employees shall be deemed acts of such members.

Article 15 (Provision of a System to Receive Messages)

• 1. Members must notify the Company about the system that members must provide that is able to receive emergency messages from the Company regarding the use of the Services.

Article 16 (Prohibited Acts)

• 1. In the use of the Services, members may not commit any actions that fall under or may fall under any of the items set forth below.

  • (1) Acts that cause unfair disadvantages or damages to the Company or third parties
  • (2) Acts that are in violation of public order and morals or promote such violations
  • (3) Acts that provide information that offends public order and morals to other members or third parties
  • (4) Acts that are in violation of applicable laws, ordinances, regulation, orders, or treaties (including under foreign law, collectively referred to hereinafter as "Laws and Ordinances"), this Agreement, or any contracts related to transactions with the Company
  • (5) Acts of fraud or other criminal acts, or acts that lead to these, or acts that instigate or abet such acts
  • (6) Acts of illegal gambling or acts of solicitation to participate in illegal gambling
  • (7) Acts of falsification or deletion of information stored by the Company or third parties in the Mining Equipment of the Company
  • (8) Acts to impersonate third parties to use the Services or to display information
  • (9) Acts of improper use of IP addresses, Member ID, etc., or use of these for improper purposes
  • (10) Acts of using harmful programs such as computer viruses through the Services, or using them in relation to the Services or to display information
  • (11) Acts that interfere with the Services provided by the Company or that interfere with the operation of other services
  • (12) Acts that cause impediments in the use or operations of the Mining Equipment by the Company or third parties
  • (13) Acts that use the Services to provide services similar to the Services, related services, or services similar to services provided by the Company, or acts of subleasing the Services or allowing third parties to use the Services.
  • (14) Acts that display to third parties the CAPTCHA and functions of the control panel, etc. provided in the Services as videos, images, text or any other form or method
  • (15) Acts that induce third parties to perform the acts set forth in any of the preceding items or that assist third parties in the performance of the acts set forth in any of the preceding items
  • (16) Any acts other than those set forth in the preceding items that the Company determines to be inappropriate

Article 17 (Treatment of Information related to the Services)

• 1. Members may not use any of the information provided in relation to the Services in any way and in any form that exceeds the scope of personal use as defined in the Intellectual Property Act and other Laws and Ordinances, and that exceeds the scope and uses specified separately by the Company, without obtaining the permission of the Company or the rights holder.

• 2. Members may not disclose or present any of the information provided in relation to the Services in any way and in any form to third parties without obtaining the permission of the Company or the rights holder.

Article 18 (Limitations on Use of the Services)

• 1. In the event that the following items apply or possibly apply, the Company may demand that such actions be suspended or suspend the Services or place limits on their use or take other measures.

  • (1) When prohibited acts set forth in Article 16 occur, or when there is a possibility that these acts may occur
  • (2) Upon detection of or occurrence of any of the circumstances that fall under the categories of the items in Article 6 (1)
  • (3) When postal items sent to the member’s address are returned to the Company, regardless of the reason, or when contact cannot be made by telephone, email, or fax, etc.
  • (4) When the Agreement has been violated
  • (5) In addition to each of the preceding items, when it is deemed that limitations on use of the Services are necessary

• 2. Compensation claims by the Company to members for Damages due to taking the measures set forth in this Article shall not be precluded.

• 3. The Company shall bear no liability for Damages incurred by or other results for members or third parties due to the implementation of the measures in the preceding paragraphs.

Article 19 (Suspension of Service)

• 1. When any of the events set forth in the following items are applicable, the Company may, at its discretion, suspend the provision of all or part of the Services, quarantine the Mining Equipment or otherwise take necessary measures without advance notice or warning to members.

  • (1) When natural disasters, incidents or other emergencies for which the Company is not responsible occur or there is concern that they will occur
  • (2) When there is maintenance or construction work on, or impairment of telecommunications equipment, or otherwise unavoidable circumstances occur
  • (3) When there are restrictions due to Laws and Ordinances
  • (4) When there is an infection by a virus or malware, or that there has been improper access, or when the Company has determined that there is concern that these are likely to occur

• 2. The Company shall bear no liability for Damages incurred or other results for members or third parties related to the suspension of the provision of part or all of the Services based on the preceding paragraphs.

Article 20 (Repair or Restoration of Mining Equipment)

• 1. When members discover abnormalities in the Mining Equipment or the Services while using the Services, upon determining that there is no failure or malfunction of the devices used by the member in connection with the Services at the responsibility and expense of the member, the member shall request that the Company perform repairs or restoration.

• 2. When a malfunction occurs in the Mining Equipment or services, or when it is known that such Mining Equipment has been destroyed, the Company shall make reasonable efforts so that such Mining Equipment can be repaired or restored quickly.

Article 21 (Exclusion of Anti-Social Forces)

• 1. The member shall declare and guarantee that he himself, at the time of the membership registration application, (including board member, audit and supervisory board members, directors and other executives when the member is a corporation or group; the same applies hereinafter) (referred to collectively as "Officers and Employees") does not fall under any of the categories of persons set forth in the following items (hereinafter referred to as an "Organized Crime Group").

  • (1) An Organized Crime Group (as defined in Article 2 of the Act on Prevention of Unlawful Activities by Organized Crime Groups (Public Law No. 77 of May 15, 1991, including any subsequent amendments))
  • (2) A member of an Organized Crime Group (including associate members, the same hereinafter) or a person who has no longer been a member of an Organized Crime Croup for less than five years from the day of leaving the group
  • (3) A company affiliated with an Organized Crime Group or a financier of an Organized Crime Group or a group with an important position in the execution of business or members of these groups
  • (4) A corporate racketeer, a group acting under the pretext of a social movement, a group acting under the pretext of a political movement, an organized crime group specializing in intellectual crime or a member of these groups
  • (5) A person with close relations to an Organized Crime Group or to members of an Organized Crime Group
  • (6) Persons equivalent to those under each of the preceding items

• 2. The member declares and guarantees to the Company that on the day of the membership registration application, none of the following items are applicable.

  • (1) To have a relationship in which an Organized Crime Group is deemed to be controlling management
  • (2) To have a relationship in which an Organized Crime Group is deemed to be substantially involved in management
  • (3) To have a relationship in which it is deemed that an Organized Crime Group is being used for purposes such as illicit gains for the member or for a third party, or for the purpose of damaging a third party
  • (4) To have a relationship in which it is deemed that the member or its Officers and Employees are involved in providing capital, etc. or providing benefits, etc. to an Organized Crime Group
  • (5) To have a socially reprehensible relationship between the member or its Officers and Employees and an Organized Crime Group
  • (6) To have a relationship equivalent to those in the preceding items

• 3. Members pledge not to commit themselves, or cause a third party to commit, any acts that do or could potentially fall under any of the items below.

  • (1) Making violent demands
  • (2) Making improper demands that exceed legal responsibility
  • (3) Threatening behavior or acts of violence related to transactions
  • (4) Acts that destroy trust in the Company, its subsidiaries or affiliated companies (the terminology, format and method of preparation of financial statements are defined in Article 8 of the rules) or hinder the business actions of these parties through the spreading of false information, fraudulent means or force
  • (5) Members or their Officers and Employees being an Organized Crime Group, or any acts that fall under any of the categories in the preceding item
  • (6) Acts equivalent to those listed in the preceding items

• 4. When (i) any of the representations and warranties set forth in paragraphs 1 and 2 are falsehoods or inaccuracies in circumstances are discovered or occur, or when their occurrence can be reasonably expected, and (ii) circumstances are discovered or occur that violate the pledges in the preceding paragraphs, the Company may revoke membership immediately or cancel all contracts concluded with the member, without any communication to or notification of the member or taking any other procedures.

• 5. The provisions of Article 6(3), Article 4 and Article 5 shall apply mutatis mutandis after cancellation under this Article.

Article 22 (Compensation)

• 1. The Company shall provide compensation for Damages to members when such Damages are caused by default of the Company (however, this is limited to direct damages, and does not include lost profits or indirect damages). However, excluding cases of intentional acts or gross negligence of the Company, the amount of compensation for Damages shall be limited to no more than the amount of the usage fees received by the Company under Article 12(1).

• 2. Members shall provide compensation to the Company for Damages when they are caused intentionally or due to negligence of the member.

Article 23 (Disclaimers)

• 1. The Company does not make provide any guarantee concerning the completeness, accuracy, certainty, or usefulness of the content of information about the Services and information members obtain through the Services. The Company does not provide any guarantee to members that the Mining Equipment has the performance that is listed on the separate sheet, nor does it bear any responsibility at all for the Mining Equipment that is actually provided for rental having functionality that is below the expected performance (in the event that the yield based on the use of the Mining Equipment falls below the expected quantity, including but not limited to any obligation to indemnify for deviations from the quantity that had been expected).

• 2. At the time of provision, the Company shall be able to provide the devices for the Services. The Company shall not provide any guarantees at all to the members concerning the Services, including that the Services conform to special purposes of members, that they have the expected functionality, that they produce the expected results, that no malfunctions will occur, or that they can be continuously provided as well as the results.

• 3. The Company shall not bear any liability for delay, change, suspension or ending of the Services, or for destruction of information displayed via the Services, or for any other damages to or other results for the members or a third party, including when there are provisions in the Agreement which grant the Company partial or total exemption from liability, except under paragraph 1 of the preceding Article. Members shall prepare and retain a backup under their own responsibility for storage of reference materials, source code, and other data and materials.

• 4. Members shall conduct, at their responsibility, mining using the Mining Equipment used for the Services (including participation in the mining pool, the same applies in the following paragraph [5]), and input and management of passwords necessary to connect the Mining Equipment to the mining pool, and any other procedures necessary to conduct mining (excluding procedures which are determined to be conducted by the Company under Article 1, paragraph 3 or otherwise under the Agreement.).

• 5. Members acknowledge that, until the Company exchanges the mining devices and completes the Resetting pursuant to the provisions of Article 1, paragraph 3, mining using the Mining Equipment used for the Services may not be conducted, and the Company does not bear any responsibility regarding any Damages or results arising out of such inability to conduct mining during the period above.

Article 24 (Survival)

Article 25 (Applicable Law)

Article 26 (Court of Jurisdiction)

Article 27 (Validity)