This “Cloud Mining Platform Terms of Use/Service Agreement” (hereinafter referred to as “this Agreement” or “Terms”) applies to users of the services provided by the Cloud Mining Platform (hereinafter referred to as the “Services”), which include the following:
- 1: The Cloud Algorithm application and its affiliated applications offer a variety of services provided by Cloud Algorithm, its affiliates, or agents (hereinafter referred to as “Cloud Algorithm,” “we,” or “us”). These Terms apply to all your activities on the Cloud Algorithm platform. By accessing and/or using this website or services, you, as a user, acknowledge that you have read these Terms and accept and agree to abide by all of them. If you disagree with any of the terms in this Agreement, please do not access this website or use the services provided by the Cloud Algorithm platform. If you purchase any products provided by Cloud Algorithm, you also agree to the service agreement/terms for that product.
- 2. Cloud Mining reserves the right to change or modify the terms of this Agreement at any time at its sole discretion. Users should review the Terms regularly to stay informed of the latest changes. Once the revised Terms are posted, they will effectively replace the original Terms (unless a different effective date is specified). Your continued use of Cloud Mining Services after the posting of these Terms and any modifications constitutes your acceptance and agreement to such changes.
1. Service Content
- Cloud computing uses its own systems to provide services/products.
2. Provision, Modification and Termination of Services
- 2.1: When using Cloud Computing Services, users agree to receive all information services provided by Cloud Computing. Users hereby authorize Cloud Computing to send commercial information to their email, mobile phone, mailing address, etc. Users can access the relevant Cloud Computing pages to change their user information.
- 2.2: If a user objects to any modification of the Terms or is dissatisfied with Cloud Algorithm’s services, they may exercise the following rights: (1) cease using Cloud Algorithm’s network services. (2) notify Cloud Algorithm through customer service channels to terminate the services. Upon termination of the services, the user’s right to use the services will immediately cease. In such event, Cloud Algorithm is not obligated to transmit any unprocessed information or unfinished services to the user.
- 2.3: Once a user purchases products and services on the Cloud Algorithm website or platform, Cloud Algorithm reserves the right to refuse a refund due to the user’s own reasons.
3. User Registration
- 3.1: You hereby declare and warrant to Cloud Mining the following, which will be deemed repeated each time you use the services provided by Cloud Mining:
- a. If you are a natural person: You are at least 18 years old, have full civil capacity, and are able to enter into a binding contract.
- b. If you are an entity: you are duly organized and validly existing under the laws of your jurisdiction and are in good standing under such laws.
- c. Your use of the services provided by Cloud Mining complies with the applicable laws and regulations of your country/region, and your use of the services provided by Cloud Mining does not violate your obligations to any third party.
- d. You have the right to use the services provided by Cloud Mining and fulfill the corresponding obligations. This Agreement and the corresponding purchase order are legally binding on you.
- e. You have full right and authority to enter into this Agreement and will not violate any other agreements to which you are a party in entering into this Agreement.
We reserve the right to terminate your access to the Cloud Mining Platform and Cloud Mining Services for any reason at our sole discretion. Use of the Cloud Mining Platform and Cloud Mining Services is void if prohibited by applicable law in your jurisdiction. - Depending on your country of residence, registration or registered office, you may not be able to use the Cloud Mining Platform and all of the features it offers. You are responsible for complying with the rules and laws of your country of residence and/or the country from which you access the Cloud Mining Platform or Services.
- 3.2: For the registration data provided by the user, the user agrees:
- a. Provide legal, true, accurate and detailed personal or entity information.
- b. Update user information promptly if any changes occur. If the registration information provided by the user is illegal, untrue, inaccurate, or incomplete, the user shall bear the resulting responsibilities and consequences, and Cloud Mining reserves the right to terminate the user’s use of Cloud Mining Services.
- c. Unless you obtain the express written consent of Cloud Mining, you may only register one Cloud Mining account for one person/entity;
- d. For compliance purposes, such as KYC (Know Your Customer) and/or anti-money laundering, Cloud Mining Power reserves the right to request you to provide personally identifiable information (PII) and/or financial information.
- e. When using certain services provided by Cloud Mining, you will be required to enter your username and password. If you are unable to access your account due to reasons such as forgetting your password, Cloud Mining reserves the right to request specific information, including but not limited to proof of identity, proof of residence, phone number or email address, and any identifiable information from your activities on the website, such as transaction IDs, order numbers, and withdrawal information. However, you hereby agree that you will keep your username and/or password confidential and will not share your username and/or password with any third party or allow any third party to access your account. Cloud Mining is not responsible for any consequences or losses arising from your improper use of your account and/or password or any third party’s use of your account and/or password. If you suspect that your username and/or password has been made known to any third party or that your account has been accessed by any unauthorized third party, you must notify Cloud Mining immediately.
4. Privacy Policy
- For information about how we collect, use, and share your information, as well as your choices regarding your personal information, please refer to our Privacy Policy posted on the Cloud Computing Platform .
5. Risk Factors
- 5.1: Before purchasing any service, you should assess whether the service is suitable for your financial capabilities and risk appetite. By purchasing any service provided by Cloud Mining, you confirm that you understand and accept all risks associated with that service. The risks listed in this section are not exhaustive. These risks, as well as other risks that may arise now or in the future, may prevent you from achieving any benefits, may cause you to suffer financial losses, or may even lead to the termination of our service. If you choose to use the Cloud Mining platform and/or services, it is important that you are aware of the risks involved, that you have sufficient technical resources and knowledge to assume those risks, and that you carefully monitor your transactions.
- 5.2: Using any digital asset or related products and services involves potential financial, regulatory, and other risks. Digital assets are susceptible to, but are not limited to, value fluctuations, transaction costs and timing uncertainties, lack of liquidity, availability, regulatory restrictions, policy changes, and security risks. Before using any digital asset or related products and services, you should confirm that you have sufficient knowledge and experience with the characteristics and risks of blockchain technology, digital assets, and smart contracts. Your decision to participate in any digital asset activity and/or use related services should be based on independent research and/or professional consultation as deemed necessary. Cloud Mining assumes that when you use the services provided by Cloud Mining, you have sufficient knowledge to understand the risks of the digital asset industry and digital asset-related products and services. This Agreement and any services provided by Cloud Mining should not be construed as Cloud Mining providing you with investment advice.
- 5.3: The value of any products or services provided by Cloud Mining and the value of any digital assets may be affected by many factors beyond the control of Cloud Mining, including but not limited to changes in mining difficulty and/or other mining parameters/attributes, fluctuations in digital asset market prices, hardware (such as mining machines) obsolescence and hardware amortization.
- 5.4: You acknowledge that the profitability of digital assets is subject to risk. Your digital assets may not be as profitable as in the testing environment, or may not be profitable at all. Due to the nature of digital assets, the value of any digital asset may be lost in part or in full at any time. You recognize that the value of any digital asset may decline rapidly (or even drop to zero). Cloud Mining is not responsible for any and all losses incurred by you as a result of your use of Cloud Mining services and/or products, including but not limited to market price fluctuations of any digital asset.
- 5.5: Digital asset transactions may take some time to confirm. Although the probability is small, there are cases where some digital asset transactions may never be confirmed. Unconfirmed digital asset transactions mean that such transactions are not completed.
- 5.6: Digital Asset Transactions Are Irreversible: If you mistakenly send any amount of Digital Assets to any person or Digital Asset Wallet Address, you may not be able to cancel the transaction or recover those funds.
- 5.7: Cloud Mining does not hold any funds for users. If you wish to purchase products and services provided by the Cloud Mining platform, you can choose to pay for the order directly using your digital assets.
- 5.8: If you lose or forget any PIN or password required to access and use the Digital Assets, the Digital Assets may be lost or become unusable.
- 5.9: Blockchain (or digital asset) technologies may have unknown inherent technical defects. You acknowledge that these technologies carry significant risks and agree to bear these risks.
- 5.10: Each country may introduce and enact new laws, regulations, and policies that affect the use of digital assets. You are fully informed and warned of the risks associated with future legislation that may restrict, limit, or prohibit certain aspects of blockchain technology/digital assets, and may restrict, limit, or prohibit the use of Cloud Computing Services.
- 5.11: Cloud Mining will periodically maintain or upgrade its systems. You hereby acknowledge that you do not expect your use of the services provided by Cloud Mining to be continuous and uninterrupted. Unless otherwise expressly provided, Cloud Mining is not responsible for any and all losses caused by any suspension, interruption, or cancellation due to system maintenance and upgrades.
- 5.12: No authentication or computer security technology is 100% secure and reliable. You agree to bear any and all risks associated with hacking or identity theft.
- You understand and agree that Cloud Algorithm reserves the right to publish, modify, and/or provide information related to our services through our website, email, customer service phone, text messages, and other official channels. Cloud Algorithm assumes no responsibility for information obtained through unofficial channels. If you have any questions about the authenticity of information sent on behalf of Cloud Algorithm, please contact us directly through customer service immediately.
- 5.13: You acknowledge that there are various risks associated with hacker attacks on the Cloud Mining Platform and/or Cloud Mining Services, and you have been fully informed and warned of these risks. Hackers or other groups, institutions or organizations may interfere with the Cloud Mining Platform and/or Cloud Mining Services in any way.
- 5.14: In addition to the risks disclosed above, there are risks that are unforeseeable and/or unforeseeable to Cloud Mining. Cloud Mining’s performance of its obligations under these Terms may be interrupted or terminated if the market or technological environment changes to the extent that these Terms no longer clearly meet the purposes or expectations of Cloud Mining, (ii) it would be unfair to enforce Cloud Mining’s obligations in Cloud Mining’s sole discretion, or (iii) it becomes impossible to perform Cloud Mining’s obligations.
6. User Rights
- 6.1: Username, Password and Security:
- a. Users have the right to choose whether to become a registered user of Cloud Algorithm. If a user chooses to become a registered user of Cloud Algorithm, they may create an account. The naming and use of the account must comply with relevant laws, regulations, and ethical standards. The account must not contain any insulting, threatening, obscene, hateful, or other content that infringes upon the legitimate rights and interests of others.
- b. Once a user successfully registers and becomes a registered user of Cloud Computing Power, they will be issued an account (mobile phone number or email address) and password and will be responsible for all activities and events that occur after logging into the system using that account and password. The user will be responsible for any legal liability arising directly or indirectly from inappropriate language or other behavior using their account.
- c. If the password is lost, the user can reset the password by requesting a reset email to be sent to the registered email address.
- 6.2: Users may choose to participate in various online and offline activities provided by Cloud Mining, provided that they comply with the terms and conditions of Cloud Mining for these activities.
- 6.3: Users may choose to access other types of services provided by Cloud Mining in accordance with the rules of the Cloud Mining Platform.
7. User Restrictions and Obligations
- 7.1: When accessing the Cloud Mining Platform or using the Services, you warrant and agree that:
- a. not use the Services for any illegal purpose or purpose prohibited by any applicable law or these Terms;
- b. will not infringe upon any person’s intellectual property rights or other rights or commit any tortious act;
- c. You will not access the Cloud Mining Platform or use the Services in any manner that could damage, disable, overload, or interfere with the provision of the Services or with any other party’s use and enjoyment of the Services;
- d. will not use the cloud mining platform or services for any form of market manipulation or interference;
- e. Will not use cloud computing platforms or services to endanger national security or disclose state secrets.
- f. You will not use the Cloud Mining Platform or Services to create, copy, or disseminate the following information:
- (1) Inciting boycott and undermining the Constitution, laws and administrative regulations.
- (2) Inciting division and undermining national unity.
- (3) Inciting ethnic hatred, ethnic discrimination and undermining national unity.
- (4) Fabricating or distorting facts, spreading rumors, and disrupting social order.
- (5) Promoting feudal superstition, obscenity, pornography, gambling, violence, murder, terror and incitement.
- (6) Openly slandering or insulting others, fabricating facts, or other hostile behavior.
- (7) Damage the credibility of state organs.
- (8) Other acts that violate the Constitution, laws and administrative regulations.
- (9) Carry out commercial advertising.
- 7.2: Users may not maliciously register Cloud Mining accounts in any manner, including but not limited to multiple account registrations for profit, speculation, cashing out, or obtaining rewards. Users should not steal other users’ accounts. If a user violates the above provisions, Cloud Mining reserves the right to immediately suspend, cancel, or terminate the service provided to the user and take all necessary legal measures permitted by applicable laws and regulations.
- 7.3: Users are obligated to properly keep their Cloud Computing account and password, SMS verification code, and Google verification code. Users are fully responsible for the security of their username, password, and Google Key. Users are responsible for any consequences resulting from the loss or disclosure of their username, password, or Google Key. Cloud Computing is not responsible for any financial losses resulting from the disclosure of user information.
- 7.4: Users are prohibited from using Cloud Mining as a venue, platform, or medium for any illegal activities. Users may not engage in any commercial activities in the name of Cloud Mining, nor may they use the information/data on the Cloud Mining platform without Cloud Mining’s prior written authorization. Furthermore, users may not use Cloud Mining as a venue, platform, or medium for any commercial activities.
- 7.5: You agree to comply with all applicable laws and regulations, this Agreement, and all rules and policies issued from time to time by Cloud Mining regarding the use of the Cloud Mining Platform and the services it provides. You may not use the Cloud Mining Platform and the services it provides if such use is prohibited by the laws and regulations applicable to you.
- 7.6: You will be solely responsible for any applicable taxes arising from the use of this service, as well as the costs or expenses incurred in using all hardware, software and other aspects of the service.
- 7.7: You agree and declare that you will use the services provided by Cloud Mining only for your own benefit and that you will not use the services provided by Cloud Mining on behalf of others or for the benefit of any third party.
- 7.8: You agree to contact Cloud Mining immediately if you discover or suspect that any third party is using the services provided by Cloud Mining to commit fraud or misconduct.
- 7.9: You should not participate in any activities that may affect the services provided by the Cloud Mining Platform and/or the security of the Cloud Mining Platform.
- 7.10: You may not use any method (such as proxy, Tor, VPN, etc.) to mask your Internet traffic and IP address or use other technical services that may hide the user’s true Internet connection.
- 7.11: Unless otherwise stated, the intellectual property rights of any content displayed on the Cloud Algorithm Platform, including but not limited to articles, images, news, materials, website structure, website layout, and website design, are entirely owned by Cloud Algorithm or its licensors (if any). Users shall respect the intellectual property rights of Cloud Algorithm and its licensors (if any).
- 7.12: You hereby represent and warrant that your use of the services provided by Cloud Mining will not negatively impact Cloud Mining’s reputation or cause Cloud Mining to incur legal liability or other penalties, fines, and sanctions.
- 7.13: You may close your account at any time. However, you will remain obligated to honour any outstanding transactions that occurred prior to closing your account. In addition, you will be responsible for any fees we incur prior to closing your account.
- 7.14: You understand that the services provided by Cloud Mining are not applicable to any of the following parties (each a “Restricted Person or Entity”):
- a. any entity or person restricted under applicable trade sanctions and export compliance laws, or
- b. Any entity or individual that is restricted according to the compliance obligations and internal risk control policies of Cloud Mining.
- 7.15: The above list is not exhaustive. Before using the services provided by Cloud Mining, please confirm that you are not a restricted individual or entity. If you are a restricted individual or entity and you use the services provided by Cloud Mining, you will bear all legal risks and liabilities arising therefrom. Cloud Mining reserves the right to refuse to provide you with services, and you will not be entitled to any refund from Cloud Mining.
- 7.16: If any of the above events occur, Cloud Mining reserves the right to immediately suspend or terminate your Cloud Mining account, freeze or block the funds stored in your account, and suspend your access to the Cloud Mining platform.
8. Intellectual Property
- Cloud Mining retains all copyrights and other intellectual property rights, including inventions, discoveries, know-how, processes, marks, methods, combinations, formulas, techniques, information, and data, whether or not patentable, copyrightable, or trademarkable, and any trademarks, copyrights, patents, or trade secrets based thereon, covering all content and other materials contained on the Cloud Mining platform or related to the Services, including but not limited to the Cloud Mining logo and all designs, text, graphics, images, information, data, software, source code, and the compilation, sound files, and other files, as well as the selection and arrangement thereof. These materials are protected by international copyright and other intellectual property laws (i.e., trademarks). Unless expressly defined in these Terms, these Terms should not be understood or construed to imply a transfer of copyright or other intellectual property rights.
- Cloud Mining hereby grants you a limited, non-exclusive, and non-sublicensable license to access and use Cloud Mining’s copyrighted works and other intellectual property for your personal or internal business use. This license is subject to these Terms and does not permit any resale, distribution, public performance or public display, modification or other creation of any derivative use, use, publication, transmission, reverse engineering, participation in the transfer or sale, or any other exploitation of any copyrighted works and other intellectual property except for their intended purpose. This license will automatically terminate if Cloud Mining suspends, cancels, or terminates your access to the Services or Cloud Mining Platform, or closes your Cloud Mining account.
9. Fees
- For more information on fees or administrative costs applicable when providing services, please refer to the Cloud Mining Platform. Cloud Mining reserves the right to change these fees at any time in accordance with the provisions of these Terms. The changed fees will only apply to the services provided after the change.
10. Liability for Breach of Contract
- 10.1: For any violation of this Agreement by the User (including but not limited to the User’s failure to pay the plan fee in a timely manner, the User’s use of the services provided by Cloud Mining is illegal in their country/region, etc.), Cloud Mining has the right to immediately suspend or terminate the services provided to the User and take all necessary legal measures permitted by applicable laws and regulations, including but not limited to requiring the User to be responsible for the related losses suffered by Cloud Mining.
- 10.2: If Cloud Mining reasonably suspects that a user is using Cloud Mining’s services in an illegal, fraudulent, or other improper manner, Cloud Mining reserves the right to suspend service to the user until the user can provide satisfactory proof of compliance. We are not responsible for any losses caused by the termination, cancellation, or suspension of your account.
11. Disclaimer/Limitation of Liability
- 11.1: To the maximum extent permitted by applicable law, the Cloud Mining Platform and Services are provided on an “as is” and “as available” basis, with all faults and defects. To the maximum extent permitted by applicable law, Cloud Mining makes no representations or warranties, and you waive any warranties of any kind, express, implied, statutory, or otherwise, regarding the Cloud Mining Platform and Services or other services provided by third parties related to the Cloud Mining Platform, including any warranties that the Services will be uninterrupted, harmless, secure, undamaged, meet your requirements, achieve expected results, be compatible or work with other software, applications, systems, or services, meet any performance standards, or be error-free, or that any errors or defects can or will be corrected. You acknowledge that you are not relying on any warranties, representations, promises, covenants, or other statements not expressly set forth in these Terms, and have not accepted the Cloud Mining Platform and Services based on any such warranties, representations, promises, covenants, or other statements from Cloud Mining or any of its agents, officers, employees, or consultants.
- 11.2: Cloud Mining’s liability for the products it provides is subject to the service agreement for that product. Unless otherwise agreed, Cloud Mining’s total liability to the user shall not exceed the total fees paid by the user to Cloud Mining.
- 11.3: Due to the unique nature of the internet, Cloud Mining does not guarantee uninterrupted service, nor does it guarantee the timeliness or security of the service. Cloud Mining assumes no liability for service suspension or termination due to force majeure, including but not limited to war (whether declared or not), terrorist activities, sabotage, blockades, fires, lightning strikes, natural disasters, nationwide strikes, riots, uprisings, civil unrest, quarantine restrictions, epidemics, earthquakes, floods, hurricanes, explosions, and regulatory and administrative actions or delays. In the event of such force majeure, Cloud Mining will take reasonable measures to minimize disruptions and losses, but will not be liable for losses arising from or incidental to such force majeure.
- 11.4: Cloud Computing is not responsible for any failure to save, modify, delete or store information posted by users.
- 11.5: Unless expressly agreed in writing by the Cloud Mining Platform, the accuracy, completeness, and reliability of any information (including but not limited to advertisements) obtained from the Website (including but not limited to those obtained through links or downloads) are not guaranteed. Cloud Mining is not responsible for any products, services, information, or materials purchased or obtained by users based on the content on the Cloud Mining Platform. Users assume all risks associated with using the information on the Cloud Mining Platform.
- 11.6: Cloud Algorithm will send all notifications to users via official website announcements, internal messages, emails, customer service phone calls, text messages, or regular mail. Cloud Algorithm assumes no legal responsibility for any activities or information (such as prizes or discounts) not obtained through official channels of the Cloud Algorithm platform.
- 11.7: The user hereby understands and agrees that, unless Cloud Mining Power has expressly agreed in advance in writing, Cloud Mining Power shall not be liable for the following events or the losses suffered by the user as a result of the following events under any circumstances:
- a. Loss of Trading Profits.
- b. Damage or loss of information/data not caused by intentional misconduct of Cloud Computing.
- c. Suspension, termination or withdrawal of products/services from the market.
- d. Implementation or changes in legal, regulatory and policy factors.
- e. Based on the information provided by the User (including but not limited to personal identification information, financial information and digital asset wallet addresses), the User is restricted due to the Cloud Mining Power’s compliance obligations and/or internal risk control policies.
- f. Losses caused by user fault or violation of this Agreement (including but not limited to providing inaccurate information to Cloud Mining, leaking passwords to third parties, etc.).
- g. Other events not controlled by or caused by cloud computing power.
- h. You agree and accept that, without duplicating any other rights of recovery or compensation set forth in this Agreement, you shall indemnify and hold harmless Cloud Mining from and against any losses, liabilities, claims, actions, or expenses (collectively, “Losses,” including reasonable attorneys’ fees) resulting from your breach of this Agreement. In no event shall Cloud Mining, its affiliates, or their respective officers, directors, agents, employees, or representatives be liable to you or any third party for any special, incidental, indirect, or consequential damages or lost profits arising out of or in connection with this Agreement.
- i. To the maximum extent permitted by applicable law, Cloud Mining and its respective officers, employees or agents shall not be liable to you or any other person for any damages of any kind, including but not limited to direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages resulting from the use of or inability to use the Cloud Mining services), even if Cloud Mining has been advised of the possibility of such damages or losses, including but not limited to damages arising from the use or attempted use of the Cloud Mining platform and services or other related websites or services.
12. Other Terms
- 12.1: Waiver: Any delay or omission by Cloud Mining in exercising any right or power in respect of any breach of contract by the User shall not prejudice Cloud Mining’s exercise of any right or power, nor shall it be deemed a waiver or acquiescence to any breach of contract.
- 12.2: Severability: If any provision of this Agreement is held to be illegal or unenforceable, such holding shall not affect the remaining provisions of this Agreement.
- 12.3: Governing Law: This Agreement shall be governed in all respects by the laws of the United States, without regard to its conflict of law principles.
- 12.4: Entire Agreement: These Terms constitute the entire agreement and understanding regarding the subject matter of this Agreement, superseding any prior or contemporaneous agreements, arrangements, or understandings. This Agreement is an important legal document between Cloud Algorithm and any user who registers as a Cloud Algorithm user, accesses the Cloud Algorithm platform, or uses the Cloud Algorithm Services. If any other written or oral expression by Cloud Algorithm or a user is inconsistent with this Agreement, this Agreement shall prevail.
- 12.5: Dispute Resolution: You acknowledge and agree that before initiating any dispute or claim, you will contact us formally to resolve the dispute informally, and we will attempt to resolve the relevant dispute internally as soon as possible. The parties agree to resolve any dispute through good faith negotiations (which will be confidential and protected by applicable rules and will not be used as evidence in any proceeding). If negotiations fail, either party will have the right to submit the dispute to arbitration in Houston, Harris County, Texas, USA, administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules in effect at the time the arbitration was submitted. The arbitration award will be final and binding on both parties. Unless otherwise determined in the arbitration award, the costs of arbitration shall be borne by the losing party. The losing party shall also reimburse the prevailing party’s legal fees and expenses.