terms of service
PART 1 GENERAL CONDITIONS
WARRNING : Please read our terms of service strictly. ALL terms will
appear in the registration step.
IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, PLEASE DO NOT, EITHER
DIRECTLY OR INDIRECTLY, USE OR ACCESS TO THE TGM MINING SERVICES IN ANY
WAY.
1 Scope
Our Terms of Use apply to the use of this website and to all - including
future - contracts with our customers regarding our services. Any terms
and conditions of the customer that conflict with or deviate from our
terms and conditions of use shall not be recognized. Our Terms of Use
shall also apply if we perform our services without reservation in the
knowledge of terms and conditions of the customer that conflict with or
deviate from our Terms of Use. The use of our website and services is at
the customer's own risk.
2 Performance obligations of Our website
1) Our performance obligations result from the performance description of
the respective product. Other commitments, promises of performance or
ancillary agreements are only effective if they are confirmed by us in
writing. We reserve the right to make changes and adjustments to the
service offered, even in the case of contracts already in progress, due to
various circumstances, for example technical circumstances (e.g., updates)
or legal requirements. In the event of changes, we shall strive to offer
you an equivalent service. If, in our reasonable discretion, this is not
possible or does not appear to be possible, we may also replace the
previous service with an inferior service that comes as close as possible
to the previous one.
(2) We are entitled to expand our services, adapt them to technical
progress and/or make improvements. This applies in particular if the
adjustment appears necessary to prevent misuse or if we are obliged to
adjust our services due to legal regulations.
3 Obligations of the customer
(1) The customer warrants that the information provided by him/her is
correct and complete. The customer undertakes to inform Our website
without delay of any changes to the contact details provided and of any
other data required for the performance of the contract. The customer
warrants that he/she is at least 18 years old,
(2) You may not be able to make full use of all of our services depending
on your country of residence and the laws applicable in your country of
residence. You are solely responsible for deciding whether this is
applicable to you and indemnify us against any liability that may arise as
a result. We reserve the right to cancel your contracts, terminate them
early, block your access if you breach any applicable law. Contracts you
enter into without complying with the law applicable to you may be
invalid. You are not entitled to any refunds in the event of invalidity.
(3) The customer undertakes to regularly change the passwords received
from us for the purpose of accessing our services and to keep them
strictly secret. The customer shall inform us immediately as soon as it
becomes aware that unauthorised third parties are aware of the password.
(4) The customer further undertakes not to use the resources made
available by us for actions that violate legal prohibitions, morality, and
the rights of third parties.
4 Conclusion of contract, term of contract, termination
(1) The contract is concluded by our acceptance of the customer's contract
offer. The acceptance is either expressly declared or is to be seen in the
beginning of the execution of our services.
(2) Unless otherwise agreed, the contracts run for as long as is shown to
you when you select our service. After expiry of the agreed term, the
contracts end automatically without the need for termination. Ordinary
termination during the fixed term is excluded.
(3) The right of both parties to extraordinary termination for good cause
remains unaffected.
5 Prices and payment
(1) The fees to be paid for our services are due and payable in advance
for the respective contract term unless a different billing period has
been agreed with the customer. Acceptance of the offer to the customer
shall only take place upon payment in full.
(2) We may charge maintenance fees. These may include various costs such
as electricity, administration, spare parts, and more. If contracts with
maintenance fees exist, the amount of the maintenance fees may change
during the term and be adjusted by us. A certain amount is budgeted for
this cost area at the time of conclusion, including increases in prices
due to inflation. We reserve the right to adjust the maintenance fees
accordingly in the event of an increase of at least 10 percent of the
underlying costs. In order to ensure the stable operation of the mining
machine.
(3) The payment methods and payment options accepted by us are displayed
in the dashboard for the respective contracts.
6 Warranty
(1) The customer shall notify us of any defects without delay and shall
support us to the best of his ability in the event of a possible
rectification of defects, in particular by taking all reasonable measures
for data security.
(2) We expressly point out that, according to the current state of the
art, it is not possible to create hardware and software in such a way that
it works error-free in all application combinations or can be protected
against any manipulation by third parties. We therefore do not guarantee
that the hardware and software used or provided by us is free of crashes,
errors, or malware. We warrant to the customer only that the hardware and
software used by us will function at the time under normal operating
conditions and normal maintenance substantially in accordance with the
manufacturer's performance specifications for the provision of our
services. We further do not warrant that the hardware and software we use
will be available at all times. We reserve the right to interrupt our
service provision due to maintenance work, updates, power failures or
force majeure.
7 Liability, exclusion of liability for representatives of the Company
(1) We shall be liable, irrespective of the legal grounds and to the
extent permitted by law, only in accordance with the following provisions.
(2) We offer our services (in particular website, information, dashboard)
to the best of our knowledge and with the competence available to us. We
do not assume any liability that our services always correspond to the
latest state of technology and knowledge. This applies to all functions,
but especially to purely informative functions as well as to
security-relevant functions.
(3) The information provided by us is partly of a general nature. You
should not use it solely to make personal decisions. Consult suitable
experts for your decisions and use advice tailored to your personal
situation. We accept no liability whatsoever, to the extent permitted by
law, for any erroneous decisions made by you on the basis of information
provided by us.
(4) We do not assume any warranty or liability, even implied, for our
website or services offered. The provision takes place "AS IS" as well as
"AS AVAILABLE".
(5) We assume no liability for any malfunctions, failures, interruptions,
inaccuracies, or damage caused by third parties.
(6) We do not give any assurances that our services will be usable at any
time or in the long term, in particular not insofar as our services are
restricted or made impossible by legal requirements. In this case, we
assume no liability for any direct or consequential damages incurred by
you.
(7) To the extent permitted by law, we do not accept any liability for
damage caused by legal incorrectness, loss of data or misuse of services,
faulty performance by suppliers or affiliated companies, of products
provided, including licensed software products.
(8) Claims for damages by you against us are excluded to the extent
permitted by law.
(9) Insofar as our liability is excluded or limited and to the extent
permitted by law, this shall also apply to the liability of our employees,
other staff, representatives, and vicarious agents.
8 Data protection
We collect, process, and use personal data of the customer within the
framework of the statutory data protection provisions. By transferring
user content or data, you grant us and our affiliated companies and
service providers an irrevocable, non-exclusive right of use. This
includes in particular, but is not limited to, the right of use for
administrative processes in the context of your account and contract
management.
9 Copyrights, License Agreements
(1) We grant the customer a time-limited, non-exclusive (simple),
revocable right of use to our own and third-party software provided. The
transfer, except with our consent by way of contract assumption, as well
as the granting of sublicenses to third parties are not permitted. Further
use after termination of the contract is not permitted.
(2) For open-source programs, the respective valid license terms of the
software provider also apply. You can obtain these from the respective
provider. We are not obliged to provide or obtain these license terms for
you. If the terms and conditions of the software provider conflict with
these terms and conditions, the terms and conditions of the software
provider take precedence.
10 Exemption
The customer undertakes to indemnify us internally against all possible
claims by third parties which are based on illegal or infringing actions
by the customer or errors in the content of the information provided by
the customer, its use, or its infringement of the rights of third parties.
11 Communication
All information and declarations from Our website will be addressed to the
customer exclusively by electronic means, in particular via the dashboard
or by e-mail to the e-mail address provided by the customer. We decide on
the way of delivery of the information or statements at our reasonable
discretion. We are not obliged to check whether you have received this
information or explanation
12 Changes to the GTC
We may unilaterally change these Terms of Use and have posted the most
current form on our website at all times. Changes will be published on
this website. We are not obliged to inform you separately about changes.
It is your responsibility to check this website regularly for changes. If
you continue to use our services after a change has been made, you accept
the changes.
13 Law
These Terms of Use shall be governed by and construed in accordance with
the laws of the UK.
14 Severability clause
If any provision of these Terms of Use is found to be invalid, the
validity of the remaining provisions shall not be affected. They will be
replaced by an enforceable and valid provision that reflects our intention
as closely as possible.
PART 2 RISK NOTICE
Our services are related to cryptocurrencies. We therefore draw the
customer's attention to the fact that various risks can arise that are
typically associated with an investment or an arrangement in the area of
cryptocurrencies or cryptomining. In particular, there is always the risk
of a total loss. The crypto sector is still a largely unregulated market.
The customer therefore expressly accepts these risks.
PART 3 DEFINITIONS
Our website: is the website through which the company presents and offers
its information and services and through which the customers or interested
parties or users can obtain information, register, conclude contracts and,
in the case of existing registration or contracts, find a management
(dashboard) for it.
DashboardApp: is the graphical management platform for registered users of
the Our website website, accessible through a login process via the Our
website website.
Registration: is the process by which you register as a user of our
website in order to be able to use further services or to be able to
purchase further services (also for sale).
Login process: is the process users perform to access their dashboard by
entering their user-related data (known only to the user himself).
Rig: is a device used to mine for Ethereum or other altcoins. It consists
of various components such as multiple graphics cards, motherboard, power
supplies and other components. It is powered and connected to the network
of the coin to be mined and calculates transactions for the network. In
return, the network rewards the computing power with its coins.
Wallet: is an electronic wallet. This wallet or purse electronically
stores funds.
Transaction fees: are fees that are charged by the network or that may be
incurred voluntarily in order to execute or confirm certain transactions
(i.e., transfers or logging). Depending on the network, transaction fees
are also used to pay the miners.
Network fees: are fees charged by the network that may apply to
transactions.
PART 4 DESCRIPTION OF SERVICES AND FUNCTIONS
Our services
Our website provides information on its website to give you the
possibility to inform yourself about our offers.
We provide all technical equipment, operate it fully and distribute the
generated surpluses to the customers. The distribution is made in
proportion to the booked performance or the booked storage space.
Registration
Interested parties can submit an application to register as a customer by
logging in with your email address and a secure password.
The selected access must also be used for further logins. We will confirm
your application by activating your account.
Choice of services
The dashboard shows you the available services that you can order from us.
The available quantity displayed is the maximum you can purchase. You
select the corresponding desired quantity and, if applicable, duration as
well as the type of your payment. The price to be paid for this is
displayed.
Display of your contracts
We display your existing contracts in the dashboard. There you will find
relevant contract data such as term, quantity, current status, possible
pay-outs. The above list is not exhaustive and complete. We reserve the
right to show you further details or, at our reasonable discretion or
technical necessity, to send you other types of display, for example by
e-mail. We do not guarantee that the dashboard display will work at all
times.
Disbursements
Before you can receive withdrawals to your own wallet, you need to provide
us with your wallet address in the dashboard so that we know where to send
the withdrawals. The currencies you can specify are displayed in the
dashboard. Unless otherwise offered, for each cryptocurrency to be
withdrawn, we require a wallet that is maintained in that currency. You
can request withdrawals if the minimum requirements are met. The minimum
requirements are displayed in the dashboard and are essentially based on
what size of withdrawal to your wallet seems economical, as any payment to
it may also incur transaction fees or network fees. You leave it up to us
to decide what seems economical. We will use our reasonable discretion to
determine the amount at which amounts will be paid to you. We will deduct
any applicable Transaction Fees or Network Fees from the amount to be
paid. We will initialize requested withdrawals at least once a day. This
will be automated. We have no influence on the timing of the pay-out in
the network. Likewise, we cannot influence whether the value of your
requested pay-out changes in relation to the dollar in the meantime.
Cryptocurrencies are subject to constant fluctuations in value. You
acknowledge that we are not liable for any such changes in value and will
not be liable in the event of any adverse developments.
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