OURPOOL PLATFORM TERMS OF USE & OURPOOL MINING TERMS OF SERVICE

GENERAL

These Terms apply to users of the OurPool Platform ("OurPool Platform") and OurPool Mining Services ("OurPool Services") which are provided to you by OurPool LLC, a limited liability company organized and existing under the laws of Próspera ZEDE, Honduras, with registered office address at Beta Building, Oficina 6, Próspera ZEDE, St. John's Bay, Roatán, Islas de Bahía 34101, Honduras, Permit Number: 88276864082351, hereinafter referred to as "OurPool".

ELIGIBILITY

By using the OurPool Platform and OurPool Services, you represent and warrant that you:

• are at least Minimum Age and have capacity to form a binding contract;
• have not previously been suspended or removed from the OurPool Platform;
• have full power and authority to enter into this agreement and, in doing so, will not violate any other agreement to which you are a party;
• are not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with OurPool, through your use of OurPool Platform or use of OurPool Services;
• will not use OurPool Platform or OurPool Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.

OurPool reserves the right to terminate your access to the OurPool Platform and Mining Services, including but not limited to reasons related to platform security, regulatory compliance, operational integrity, risk management, or the protection of OurPool, its users, or third parties. Use of OurPool Platform and Mining Services is void where prohibited by applicable law.

Depending on your country of residence or incorporation or registered office, you may not be able to use all the functions of the OurPool Platform or all of OurPool Services provided therein. It is your responsibility to follow the rules and laws in your country of residence and/or country from which you access the OurPool Platform.

DEFINITIONS

OurPool Platform

means a website located at the following web address: www.ourpool.io.

OurPool Services

mean all services provided by OurPool, namely the provision of the OurPool Platform, Hashrate marketplace, OurPool API, OurPool Account, and all other software products, applications and services associated with these products.

Hashrate marketplace

means an infrastructure provided by OurPool which enables the Hashrate providers to point their rigs towards OurPool stratum servers where Hashrate provided by different Hashrate providers is gathered and sold as generic Hashrate to the Hashrate buyers.

Hashrate buyer

means a legal entity or individual who buys the gathered and generic hashrate on the Hashrate marketplace from undefined Hashrate providers.

Hashrate order

is an order of a buyer placed on the Hashrate marketplace, determining the available parameters.

Hashrate provider

means a legal entity or individual who sells his hashrate on the Hashrate marketplace to undefined Hashrate buyers.

Hashrate rig

means all hardware which produces hashrate that represents computation power which is required to calculate the hash function of different types of Digital Assets.

Stratum

is a lightweight mining protocol.

OurPool Account

means an online account available on the OurPool Platform and created by completing the registration procedure on the OurPool Platform.

Account holder

means an individual or legal entity who completes the registration procedure and successfully creates the OurPool Account.

Minimum Age

means 18 years old or older, if in order for OurPool to lawfully provide the OurPool Services to you without parental consent (including using your personal data).

OurPool Wallet

may refer to the Collective and/or Individual OurPool Wallet.

Collective OurPool Wallet

means a wallet created for the Account holder upon meeting all the criteria for using OurPool services and provided by the OurPool Wallet provider. User funds are aggregated on the OurPool wallet on the same or several blockchain addresses and may be held on this wallet for a period that is no longer than 60 days.

Individual OurPool Wallet

means a wallet created for the Account holder upon meeting all the criteria for using OurPool services and provided by the OurPool Wallet provider, whereas individual user funds are stored on such wallets on individual addresses for undetermined time.

OurPool Wallet provider

is a third party which on behalf of the Account holder provides and manages the OurPool Wallet, holds, stores and transfers funds and hosts OurPool Wallet as well as Individual OurPool wallets. Find more information about the Wallet provider Fireblocks Inc. at https://www.fireblocks.com.

Blockchain network

is a distributed database that is used to maintain a continuously growing list of records, called blocks.

Blockchain Reward

means a predetermined amount of a particular Digital Asset attributed to the person first to validate a new block on the Blockchain.

Force Majeure Event

means any governmental or relevant regulatory regulations, acts of God, war, riot, civil commotion, fire, flood, or any disaster or an industrial dispute of workers unrelated to you or OurPool. Any act, event, omission, happening or non-happening will only be considered Force Majeure if it is not attributable to the wilful act, neglect or failure to take reasonable precautions of the affected party, its agents, employees, consultants, contractors and sub-contractors.

Digital Asset

means any value-holding digital entity secured by cryptography and managed on a blockchain.

Lightning Network

means a second layer protocol on the Bitcoin network that allows fast transactions with lower fees. Lightning Network allows participants to create smart contracts and allows all transactions between these participants practically instantaneously.

SALE AND PURCHASE OF HASHRATE

Hashrate providers agree to sell their hashrate to undefined Hashrate buyers and authorize OurPool to act in the name and on account of the Hashrate providers (direct proxy).

OurPool agrees to process Hashrate buyers' payments for the provided hashrate on the Hashrate marketplace, on the Terms set forth herein. According to the applicable principle get-paid-per-valid-share (pay as you go principle) Hashrate providers will be paid only for validated and accepted Hashrate to their OurPool Wallet or other wallet, as indicated in Account holder's profile settings or in stratum connection username. In some cases, no Hashrate is sent to Hashrate buyers or is accepted by OurPool Services, even if hashrate is generated on the Hashrate rigs. These cases include usage of slower hardware as well as software, hardware or network errors. In these cases, Hashrate providers are not paid for such hashrate.

Hashrate buyer agrees to purchase hashrate from undefined Hashrate providers and authorizes OurPool to act in the name and on account of the Hashrate buyers (direct proxy). OurPool agrees to process the order and forward the purchased hashrate on the Hashrate marketplace, on the Terms set forth herein. According to the applicable principle pay-per-valid-share (pay as you go principle) Hashrate buyers will pay from their OurPool Wallet only for the hashrate that was validated by OurPool Services. When connection to the mining pool which is selected on the Hashrate order is lost or when an order is canceled during its lifetime, Hashrate buyer pays for additional 10 seconds worth of hashrate. Hashrate order is charged for extra hashrate when mining pool which is selected on the Hashrate order, generates rapid mining work changes and/or rapid mining job switching. All payments including any fees will be processed in Bitcoin and OurPool does not provide an option to sale and purchase of the hashrate in fiat currency.

MAIN RISK DISCLOSURE

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

General risk

You understand that OurPool Platform and OurPool Services, blockchain technology, Bitcoin, all other Digital Assets, proof of work concept and other associated and related technologies are new and untested and outside of OurPool's control. You acknowledge that there are major risks associated with these technologies. In addition to the risks disclosed below, there are risks that OurPool cannot foresee and it is unreasonable to believe that such risk could have been foreseeable. While OurPool will use commercially reasonable efforts to maintain platform availability and service quality, the performance of OurPool's obligation under these Terms will terminate if market or technology circumstances change to such an extent that (i) these Terms clearly no longer comply with OurPool's expectations, (ii) it would be unjust to enforce OurPool's obligations in the general opinion or (iii) OurPool's obligation becomes impossible.

OurPool Account abuse

You acknowledge that there is risk associated with the OurPool Account abuse and that you have been fully informed and warned about it. The funds stored in the OurPool Wallet may be disposed by third party in case the third party obtains the Account holder's login credentials. OurPool will use commercially reasonable efforts to implement and maintain industry-standard security measures to protect the Platform. The Account holder shall protect his login credentials and his electronic devices where the login credentials are stored against unauthorized access.

Regulatory risks

You acknowledge that there is risk associated with future legislation which may restrict, limit or prohibit certain aspects of blockchain technology which may also result in restriction, limitation or prohibition of OurPool Services and/or in accessing OurPool Platform and that you have been fully informed and warned about it. OurPool will use commercially reasonable efforts to monitor regulatory developments and communicate material changes to users in a timely manner.

Risk of hacking

You acknowledge that there is risk associated with hacking OurPool Services, OurPool Platform and OurPool Wallet and that you have been fully informed and warned about it. Hacker or other groups, agencies or organizations may attempt to interfere with OurPool Services, OurPool Platform, OurPool Mining Software or OurPool Wallet in any way, including, but not limited to and without limitation, denial of services attacks, Sybil attacks, spoofing, smurfing, malware attacks, mining attacks or consensus-based attacks. OurPool will use commercially reasonable efforts to implement and maintain security protocols designed to protect against such attacks.

Digital Assets risk

You acknowledge that there is risk associated with the Bitcoin that is used as payment means and that you have been fully informed and warned about it. Digital Assets are prone to, but not limited to, value volatility, transaction costs and times uncertainty, lack of liquidity, availability, regulatory restrictions, policy changes and security risks.

OurPool Wallet risk

You acknowledge that there is risk associated with funds held on the OurPool Wallet and that you have been fully informed and warned about it. You acknowledge and agree that OurPool shall not be responsible for any OurPool Wallet provider's services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. OurPool does not assume and shall not have any liability or responsibility to you or any other person or entity for any OurPool Wallet provider's services. Since the OurPool Wallet is a Digital Asset wallet all funds held on it are entirely uninsured in contrast to the funds held on the bank account or other financial institutions which are insured. Funds held on the Collective OurPool Wallet are assigned to individual users using OurPool's internal ledger. OurPool will use commercially reasonable efforts to maintain accurate internal ledger records. Funds held on Individual OurPool Wallets are held on individual blockchain addresses assigned to each individual user.

Connection risk

You acknowledge that there are risks associated with usage of OurPool Services which are provided through the internet including, but not limited to, the failure of hardware, software, configuration and internet connections and that you have been fully informed and warned about it. While OurPool will use commercially reasonable efforts to maintain reliable connectivity and minimize service disruptions, you acknowledge that OurPool will not be responsible for any configuration, connection or communication failures, disruptions, errors, distortions or delays you may experience when using OurPool Services, however caused.

Hashrate provision risk

You acknowledge that there are risks associated with the provisions of the hashrate which is provided by the Hashrate providers through the Hashrate marketplace and that you have been fully informed and warned about it. You acknowledge that OurPool does not provide the hashrate but only provides the Hashrate marketplace as a service. OurPool will use commercially reasonable efforts to vet Hashrate providers and maintain marketplace quality standards. Hashrate providers' Hashrate rigs are new and untested and outside of OurPool's control. There is a major risk that the Hashrate rigs (i) will stop providing hashrate, (ii) will provide hashrate in an unstable way, (iii) will be wrongly configured or (iv) provide insufficient speed of the hashrate. Hashrate rigs as hardware could be subject of damage, errors, electricity outage, misconfiguration, connection or communication failures and other malfunctions. OurPool will not be responsible for operation of Hashrate rigs and its provision of hashrate. By submitting a Hashrate order you agree to a hashrate no-refund policy – all shares forwarded to mining pool, selected on the Hashrate order are final and non-refundable.

Hashrate profitability risk

You acknowledge that there is risk associated with the profitability of the hashrate provision and that you have been fully informed and warned about it. You acknowledge that all Hashrate rig's earning estimates and profitability calculations on OurPool Platform are only for informational purposes and were made based on the Hashrate rigs set up in the test environments. OurPool will use commercially reasonable efforts to provide accurate and transparent profitability estimates based on available data. OurPool does not warrant that your Hashrate rigs would achieve the same profitability or earnings as calculated on OurPool Platform. There is risk that your Hashrate rig would not produce desired hashrate quantity and quality and that your produced hashrate would differentiate from the Hashrate produced by OurPool's Hashrate rigs set up in the test environments. There is risk that your Hashrate rigs would not be as profitable as OurPool's Hashrate rigs set up in the test environments or would not be profitable at all.

WARRANTIES

OurPool Platform and OurPool Services are provided on the "AS IS" and "AS AVAILABLE" basis, including all faults and defects. To the maximum extent permitted by applicable law, OurPool makes no representations and warranties and you waive all warranties of any kind. Particularly, without limiting the generality of the foregoing, OurPool makes no representations and warranties, whether express, implied, statutory or otherwise regarding OurPool Platform and OurPool Services or other services related to OurPool Platform and provided by third parties, including any warranty that such services will be uninterrupted, harmless, secure or not corrupt or damaged, meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, meet any performance or error free or that any errors or defects can or will be corrected. Additionally, OurPool makes no representations and warranties, whether express, implied, statutory or otherwise of merchantability, suitability, reliability, availability, timeliness, accuracy, satisfactory quality, fitness for a particular purpose or quality, title and non-infringement with respect to any of the OurPool Services or other services related to OurPool Platform and provided by third parties, or quiet enjoyment and any warranties arising out of any course of dealing, course of performance, trade practice or usage of OurPool Platform and OurPool Services including information, content and material contained therein.

Especially OurPool makes no representations and warranties, whether express, implied, statutory or otherwise regarding any payment services and systems, which is provided by third party or any other financial services which might be related to the OurPool Platform, OurPool Services or OurPool Wallet.

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

LIABILITY

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

OurPool or its affiliates will not be responsible for any compensation, reimbursement, or damages arising in connection with: (i) your inability to use the OurPool Platform, OurPool Mining Services or OurPool Wallet, including without limitation as a result of any termination or suspension of the OurPool Platform or these Terms, power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, hacking, delays in operation or transmission or any failure of performance, (ii) the cost of procurement of substitute goods or services, (iii) any of your investments, expenditures, or commitments in connection with these Terms or your use of or access to the OurPool Platform, OurPool Mining Services and OurPool Wallet, (iv) your reliance on any information obtained from OurPool, (v) Force Majeure Event, communications failure, theft or other interruptions or (vi) any unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with OurPool Platform and OurPool Services or OurPool Wallet.

OurPool's aggregate liability (including OurPool's officers, representatives, employees, affiliates and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of OurPool Platform, OurPool Services and OurPool Wallet, or inability to use them under these Terms or under any other document or agreement executed and delivered in connection herewith or contemplated hereby, shall in any event not exceed 100 US dollars per Account holder.

You will defend, indemnify, and hold OurPool or its affiliates harmless and all respective employees, officers, representatives and agents from and against any claims, demand, action, damages, loss, liabilities, costs and expenses (including reasonable attorney fees) arising out of or relating to (i) any third-party claim concerning these Terms, (ii) your use of, or conduct in connection with, OurPool Platform, OurPool Services and OurPool Wallet, (iii) any feedback you provide, (iv) your violation of these Terms, (v) or your violation of any rights of any other person or entity. If you are obligated to indemnify OurPool, OurPool will have the right, in its sole discretion, to control any action or proceeding (at OurPool's expense) and determine whether OurPool wishes to settle it. If OurPool is obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse OurPool for reasonable attorney fees, as well as OurPool's employees' and contractors' time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.

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

OURPOOL ACCOUNT

The registration of the OurPool Account is made through the OurPool Platform, where you are required to enter your email address and password in the registration form. After successful completion of registration, the confirmation email is sent to you. After you confirm your registration by clicking on the link in the confirmation email the OurPool Account is created. OurPool will send you proof of completed registration once the process is completed.

When you create an OurPool Account, you agree to (i) create a strong password that you change frequently and do not use for any other website, (ii) implement reasonable and appropriate measures designed to secure access to any device which has access to your email address associated with your OurPool Account and your username and password for your OurPool Account, (iii) maintain the security of your OurPool Account by protecting your password and by restricting access to your OurPool Account; (iv) promptly notify OurPool if you discover or otherwise suspect any security breaches related to your OurPool Account so OurPool can take all required and possible measures to secure your OurPool Account and (v) take responsibility for all activities that occur under your OurPool Account and accept all risks of any authorized or unauthorized access to your OurPool Account, to the maximum extent permitted by law.

Losing access to your email, registered at OurPool Platform, may also mean losing access to your OurPool Account. You may not be able to use the OurPool Platform, OurPool Services or OurPool Wallet, execute withdrawals and other security sensitive operations until you regain access to your email address, registered at OurPool Platform. If you wish to change the email address linked to your OurPool Account, OurPool may ask you to complete an additional KYC procedure for security purposes. This step serves solely for the purpose of identification in the process of regaining access to your OurPool Account.

Before you will be able to use any of the OurPool Services, you will need to successfully complete a KYC procedure, in case you are onboarding a legal entity also the KYB procedure as prescribed by law and deemed necessary by OurPool. An unsuccessful KYC will lead to account termination.

Once the OurPool Account is created and the KYC/KYB procedure is successfully completed, you will be granted use of the Collective OurPool Wallet through the OurPool Account.

Account holder's Individual OurPool Wallet is generated by the OurPool Wallet provider and accessible through the OurPool Account. Account holder is strongly suggested to enhance the security of his OurPool Account by adding an additional security step of Two-factor authentication (hereinafter "2FA") when logging into his account, withdrawing funds from his OurPool Wallet or placing a new order. Account holder can enable this security feature in the settings of his/her OurPool Account. In the event of losing or changing 2FA code, OurPool may ask the Account holder to complete an additional KYC procedure for security reasons. This step serves solely for the purpose of identification in the process of reactivating Account holder's 2FA. OurPool may at its disposal mandate this feature for certain or all services.

In order to use certain functionalities of the OurPool Platform, such as paying for the acquired hashrate, users must deposit funds to the OurPool Wallet, as the payments for the hashrate may be made only through the OurPool Wallet. Hashrate providers shall be paid for the hashrate by using OurPool Wallet to receive the payments.

OurPool Wallet shall not be used by Account holders to keep, save and hold funds for a period longer than 50 days and also not for executing other transactions which are not related to the transactions regarding the OurPool Platform. The OurPool Wallet shall be used exclusively and only for current and ongoing transactions regarding the OurPool Platform and OurPool Services. Account holders shall promptly withdraw any funds kept on the OurPool Wallet that will not be used and are not intended for the reasons described earlier.

Should funds be held on OurPool Wallet for more than 50 days, OurPool will be entitled, in its sole discretion but at the Account holder's expense to transfer the funds to the Individual OurPool Wallet, or to a bitcoin address, belonging to the account holder that is not under OurPool's control. Funds that will be moved to the Individual OurPool Wallets, will remain available for the Account holder at all times and will ensure that they are attributable to each Account holder individually, by creating a client-specific address per Account holder. Fees may be charged by OurPool for the creation and maintenance of the Individual wallet and for the transactions between the Collective OurPool Wallet and the Individual OurPool Wallet, in addition to those that may be charged by OurPool Wallet provider or by the blockchain network. When moving funds to addresses outside of OurPool's control, withdrawal fees apply. The 50 days period limitation does not apply to Business users with treasury management departments.

Commission fees may be charged by the OurPool Wallet provider, by the blockchain network or by OurPool for any OurPool Wallet transactions. Please refer to the OurPool Platform for more information about the commission fees for OurPool Wallet transactions which are applicable at the time of the transaction. OurPool reserves the right to change these commission fees according to the provisions to change these Terms at any time for any reason.

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

Provided that the balance of funds in your OurPool Wallet is greater than any minimum balance requirements needed to satisfy any of your open orders, you may withdraw from your OurPool Wallet any amount of funds, up to the total amount of funds in your OurPool Wallet in excess of such minimum balance requirements, less any applicable withdrawal fees charged by OurPool or by the blockchain network for such transaction. Withdrawals are not processed instantly and may be grouped with other withdrawal requests. Some withdrawals may require additional verification information which you will have to provide in order to process the withdrawal. It may take up to 24 hours before withdrawal is fully processed and distributed to the Blockchain network. Please refer to the OurPool Platform for more information about the withdrawal fees and withdrawal processing. OurPool reserves the right to change these fees according to the provisions to change these Terms at any time for any reason.

You have the right to close the OurPool Account. In case you have funds on your OurPool Wallet you should withdraw funds from your OurPool Wallet prior to requesting OurPool Account closure. After OurPool receives your OurPool Account closure request OurPool will deactivate your OurPool Account, including your OurPool Wallet. You can read more about closing the OurPool Account in OurPool's Privacy Policy. Your OurPool Account may be closed by OurPool due to your inactivity. Your OurPool Account may be locked and a mandatory KYC procedure is applied for security reasons, if it has been more than 6 months since your last login.

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

All information pertaining to registration, including a registration form, detailed instructions on the use of the OurPool Account and OurPool Wallet are available at OurPool Platform.

KYC PROCEDURE

OurPool is appropriately implementing AML/CTF and security measures to diligently detect and prevent money laundering or terrorist financing as well as any malicious or unlawful use of OurPool Platform, OurPool Services and OurPool Wallet, which is strictly prohibited by these Terms, which are deemed as your agreement to provide any required information, including personal information notably for identity verification. Security measures may include a KYC procedure, which is aimed at determining the identity of an Account holder.

OurPool may ask you to complete this procedure before enabling some or all functionalities of the OurPool Platform and provide OurPool Mining Services. A KYC procedure might be applied as a security measure when:

• changing the email address linked to your OurPool Account,
• losing or changing your 2FA code;
• gaining access to all or a portion of OurPool Services, OurPool Wallet and its related services or any portion thereof if they were disabled and
• activating your OurPool Account if it has been deactivated due to its inactivity and/or security or other reasons.

HASHRATE TRANSACTIONS

General

OurPool may, at any time and in its sole discretion, (i) refuse any order submitted or provided hashrate, (ii) cancel an order or part of the order before it is executed, (iii) impose limits on the order amount permitted or on provided hashrate or (iv) impose any other conditions or restrictions upon your use of the OurPool Platform and OurPool Services without prior notice. For example, but not limited to, OurPool may limit the number of open orders that you may establish or limit the type of supported Hashrate rigs and mining algorithms or OurPool may restrict submitting orders or providing hashrate from certain locations.

Please refer to the OurPool Platform for more information about terminology, hashrate transactions' definitions and descriptions, order types, order submission, order procedure, order rules and other restrictions and limitations of the hashrate transactions. OurPool reserves the right to change any transaction, definitions, description, order types, procedure, rules, restrictions and limitations at any time for any reason.

Orders, provision of hashrate, payments, deposits, withdrawals and other transactions are accepted only through the interface of the OurPool Platform, OurPool API and OurPool Account and are fixed by the software and hardware tools of the OurPool Platform. If you do not understand the meaning of any transaction option, OurPool strongly encourages you not to utilize any of those options.

Hashrate Order

In order to submit a Hashrate Order via the OurPool Account, the Hashrate buyer must have available funds in his OurPool Wallet.

Hashrate buyer submits a new order to buy hashrate via the OurPool Platform or via the OurPool API by setting the following parameters in the order form: OurPool Service server location, third-party mining pool, algorithm to use, order type, set amount he/she is willing to spend on this order, set price per hash he/she is willing to pay, optionally approximate limit maximum hashrate for his/her order and other parameters as requested and by confirming his/her order. Hashrate buyer may submit an order in maximum amount of funds available on his OurPool Wallet at the time of order submission. Order run time is only approximate since order's lifetime is based on the number of hashes that it delivers.

Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any digital assets or hashrate, the actual price per hash at which some of the orders are executed may be different from the prevailing price indicated on OurPool Platform at the time of your order. You understand that OurPool is not liable for any such price fluctuations. In the event of market disruption, OurPool Services disruption, OurPool Hashrate Marketplace disruption or manipulation or Force Majeure Event, OurPool may do one or more of the following: (i) suspend access to the OurPool Account, OurPool Wallet or OurPool Platform, or (ii) prevent you from completing any actions in the OurPool Account, including closing any open orders. Following any such event, when trading resumes, you acknowledge that prevailing market prices may differ significantly from the prices available prior to such event.

When Hashrate buyer submits an order for purchasing of the hashrate via OurPool Platform or via OurPool API, the Hashrate buyer authorizes OurPool to act on his behalf and for his account in accordance with such order. To this end, Hashrate buyer agrees that OurPool will enter into contractual relationships with Hashrate providers, in the Hashrate buyer's name and for his/her exclusive account. Hashrate buyer acknowledges and agrees that OurPool is not acting as his/her counterparty. OurPool executes the order in set order amount minus OurPool's processing fee. Once the order is successfully submitted the order amount starts to decrease in real time according to the payments for the provided hashrate.

Hashrate buyer agrees to pay applicable processing fee to OurPool for provided OurPool Services. OurPool's fees are deducted from Hashrate buyer's OurPool Wallet once the whole order is exhausted and completed. Please refer to the OurPool Platform for more information about the fees which are applicable at the time of provision of OurPool Services. OurPool reserves the right to change these fees according to the provisions to change these Terms at any time for any reason. The changed fees will apply only for the OurPool Services provided after the change of the fees. All orders submitted prior to the fee change but not necessarily completed prior to the fee change will be charged according to the fees applicable at the time of the submission of the order.

OurPool will attempt, on a commercially reasonable basis, to execute the Hashrate buyer's purchase of the hashrate on the Hashrate marketplace under these Terms according to the best-effort delivery approach. In this respect, OurPool does not guarantee that the hashrate will actually be delivered or verified and does not guarantee any quality of the OurPool Services.

Hashrate buyer may cancel a submitted order during order's lifetime. If an order has been partially executed, Hashrate buyer may cancel the unexecuted remainder of the order. In this case the OurPool's processing fee will apply only for the partially executed order. OurPool reserves the right to refuse any order cancellation request once the order has been submitted.

Selling Hashrate and the Provision of Hashrate

In order to submit the hashrate to the OurPool stratum server the Hashrate provider must first point its Hashrate rig to the OurPool stratum server. Hashrate provider is solely responsible for configuration of his/her/its Hashrate rig.

The Hashrate provider gets paid by Hashrate buyers for all validated and accepted work that his/her Hashrate rig has produced. The provided hashrate is validated by OurPool's stratum engine and validator. Once the hashrate is validated the Hashrate provider is entitled to receive the payment for his/her work. OurPool logs all validated hashrate which was submitted by the Hashrate provider. The Hashrate provider receives the payments of current globally weighted average price on to his/her OurPool Wallet. The payments are made periodically depending on the volume of payments and your payout settings, all subject to the 50 days rule. Further Hashrate providers may determine a payout threshold, subject to minimum withdrawal limits of the Platform and the 50 days rule. Hashrate providers may also determine multiple payout addresses, whereby the payouts will be automatically distributed to the listed addresses in the predetermined percentage of the payout to each address. Please note that minimum withdrawal limits apply. Please exercise extreme caution while adding addresses, as mistakes in numbers may lead to permanent loss of funds.

OurPool reserves the right to hold the payments any time and for any reason by indicating the reason, especially if the payments represent smaller values. Please refer to the OurPool Platform for more information about the height of payments for provided hashrate, how the current globally weighted average price is calculated, payment conditions and conditions for detention of payments. OurPool reserves the right to change this payment policy according to the provisions to change these Terms at any time for any reason.

All Hashrate rig's earnings and profitability calculations on OurPool Platform are only for informational purposes. OurPool does not warrant that your Hashrate rigs would achieve the same profitability or earnings as calculated on OurPool Platform. You hereby acknowledge that it is possible that your Hashrate rigs would not be as profitable as indicated in OurPool informational calculations or would not be profitable at all.

Hashrate provider agrees to pay applicable processing fee to OurPool for provided OurPool Services. The OurPool's fees are deducted from all the payments made to the Hashrate provider for his/her provided work. Please refer to the OurPool Platform for more information about the fees which are applicable at the time of provision of OurPool Services. Hashrate provider which has not submitted any hashrate to the OurPool stratum server for a period of 90 days agrees that a processing fee of 0.00001000 BTC or less, depending on the unpaid mining balance, will be deducted from his/her unpaid mining balance. OurPool reserves the right to change these fees according to the provisions to change these Terms at any time for any reason. The changed fees will apply only for the OurPool Services provided after the change of the fees.

OurPool will attempt, on a commercially reasonable basis, to execute the provision of Hashrate providers' hashrate on the Hashrate marketplace under these Terms according to the best-effort delivery approach. In this respect OurPool does not guarantee that the hashrate will actually be delivered or verified and does not guarantee any quality of the OurPool Services.

Hashrate provider may disconnect the Hashrate rig from the OurPool stratum server at any time. OurPool reserves the right to refuse any Hashrate rig once the Hashrate rig has been pointed towards OurPool stratum server.

RESTRICTIONS

When accessing the OurPool Platform or using the Mining Services or OurPool Wallet, you warrant and agree that you:

• will not use the Services for any purpose that is unlawful or prohibited by these Terms,
• will not violate any law, contract, intellectual property or other third-party right or commit a tort,
• are solely responsible for your conduct while accessing the OurPool Platform or using the Mining Services or OurPool Wallet,
• will not access the OurPool Platform or use the Mining Services in any manner that could damage, disable, overburden, or impair the provision of the Services or interfere with any other party's use and enjoyment of the Services,
• will not misuse and/or maliciously use Hashrate rigs, you will particularly refrain from using network botnets or using OurPool Platform or OurPool Services with Hashrate rigs without the knowledge or awareness of Hashrate rig owner(s),
• will not perform or attempt to perform any kind of malicious attacks on blockchains with the use of the OurPool Platform or OurPool Services, intended to maliciously gain control of more than 50% of the network's mining hash rate,
• will not use the OurPool Platform or OurPool Services for any kind of market manipulation or disruption, such as but not limited to OurPool Services disruption and Hashrate Marketplace manipulation.

In case of any of the above mentioned events, OurPool reserves the right to immediately suspend or terminate your OurPool Account, freeze or block the funds in the OurPool Wallet, and suspend your access to OurPool Platform, particularly if OurPool believes that such OurPool Account is in violation of these Terms or Privacy Policy, or any applicable laws and regulation. In the event of termination, OurPool will attempt to return any Digital Assets stored in your OurPool Account not otherwise owed to OurPool, unless the Digital Assets were obtained through fraud, negligence, other misconduct or violation of these Terms or any AML/CTF applicable laws.

RIGHTS AND OBLIGATIONS

You will have the possibility to check at any time, subject to technical availability, the transactions details, statistics and available balance of the funds held on the OurPool Wallet, through access to the OurPool Account.

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

OurPool may, in its sole discretion, at any time, for any or no reason and without liability to you, with prior notice (i) terminate all rights and obligations between you and OurPool derived from these Terms, (ii) suspend your access to all or a portion of OurPool Services, OurPool Wallet and its related services or any portion thereof and delete or deactivate your OurPool Account and all related information and files in such account (iii) modify, suspend or discontinue, temporarily or permanently, any portion of OurPool Platform or (iv) provide enhancements or improvements to the features and functionality of the OurPool Platform, which may include patches, bug fixes, updates, upgrades and other modifications. Any such change may modify or delete certain portions, features or functionalities of the OurPool Services. You agree that OurPool has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular portion, features or functionalities of the OurPool Services, OurPool Platform or OurPool Wallet to you. You further agree that all changes will be (i) deemed to constitute an integral part of the OurPool Platform, OurPool Services, or OurPool Wallet and (ii) subject to these Terms.

In the event of your breach of these Terms, including but not limited to, for instance, in the event that you breach any term of these Terms, due to legal grounds originating in anti-money laundering and know your client regulation and procedures, or any other relevant applicable regulation, all rights and obligations between you and OurPool derived from these Terms, OurPool reserves the right to keep these rights and obligations in force despite your breach of these Terms.

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

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

LIGHTNING NETWORK

Lightning Network uses micropayment channels to scale the Blockchain's capability to conduct transactions more efficiently. Transactions between participants inside the contract are made off the Blockchain. Only the first deposit to contract (creating the contract) and the last withdrawal (closing the contract) is seen on the Blockchain.

A Lightning Network node is a software that connects to the Lightning Network. The entire network is made from these nodes interacting with each other and the network strength is based on the number of nodes in the network.

Using the OurPool Lightning Network node users can send and receive Bitcoin from the other nodes. Please refer to OurPool Platform for more information on the maximum channel size allowed and Lightning Network transaction limits.

OurPool shall not be held responsible and does not accept liability for the Lightning Network. Please note that OurPool only manages the OurPool Lightning Network node and has no influence on the overall network and other nodes out of its control. You understand that OurPool has no influence over the Lightning Network transaction speeds and network fees which might be applicable depending on the transaction routage.

You acknowledge that the use of the Lightning Network in general may be connected to risk of network failure and loss of funds, which is completely out of OurPool's control and responsibility. Lightning Network transactions might be delayed, rejected or may fail. OurPool will not be held responsible for any of the above mentioned events and the consequences thereof. You expressly acknowledge and waive any claims against OurPool or any of its partners or affiliates of direct or indirect loss in connection with the usage of the Lightning Network. The Lightning Network technology is an evolving endeavor and should be used with great caution with adequate knowledge.

INTELLECTUAL PROPERTY

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

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

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

PRIVACY POLICY

Please refer to OurPool Platform and OurPool Services Privacy Policy published on OurPool Platform for information about how OurPool or its affiliates or Third-party providers collect, use and share your information, as well as what options you have with regards to your personal information.

COMMUNICATION AND SUPPORT

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

It is your responsibility to keep your email address updated in the OurPool Account so that OurPool can communicate with you electronically. You understand and agree that if OurPool sends you an electronic communication but you do not receive it because your email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, it will be deemed that you have been provided with the communication. You can update your OurPool Account preferences at any time by logging into your OurPool Account. If your email address becomes invalid such that electronic communications sent to you by OurPool are returned, OurPool may deem your account to be inactive and close it.

You may give OurPool a notice under these Terms by sending an email to [email protected] or contact OurPool through support located on OurPool Platform. All communication and notices pursuant to these Terms must be given in English language.

FEES

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

OurPool will inform the Account Holder of the withheld fees at least on a monthly basis.

You authorize OurPool, or its designated payment processor, to charge or deduct your OurPool Account for any applicable fees in connection with OurPool Platform, OurPool Services or OurPool Wallet.

TAX

It is your responsibility to determine what, if any, taxes apply to the transactions you complete or services you provide via OurPool Platform, OurPool Services and OurPool Wallet, it is your responsibility to report and remit the correct tax to the appropriate tax authority and all your factual and potential tax obligations are your concern. You agree that OurPool is not in any case and under no conditions responsible for determining whether taxes apply to your transactions or services or for collecting, reporting, withholding or remitting any taxes arising from any transactions or services. You also agree that OurPool is not in any case and under no conditions bound to compensate for your tax obligation or give you any advice related to tax issues. To be noted that the sale or purchase of hashrate may be subject to VAT, which is the exclusive liability and responsibility of the Hashrate provider, respectively of the Hashrate buyer to the exclusion of OurPool. This being said, OurPool will provide the Hashrate provider and Hashrate buyer with the necessary information to allow them to comply with their VAT liability, if any.

With respect to fees and charges due to OurPool, all fees and charges payable by you to OurPool are exclusive of any taxes, and shall certain taxes be applicable, they shall be added on top of the payable amounts, in particular, to ensure that the net amount received by OurPool, after any deduction and withholding, equals the amount OurPool would have received if no deduction or withholding had been required. Upon OurPool's request, you will provide to OurPool any information that OurPool reasonably requests to determine whether OurPool is obligated to collect VAT from you, including your VAT identification number. To be noted that not all withheld fees are subject to VAT. Should VAT be due by the Account holder for the services provided by OurPool, it will be collected by OurPool and paid to the relevant taxing authority. The corresponding VAT will be shown in the fee statement issued by OurPool to the Account holder.

FINAL PROVISIONS

Natural persons and legal entities that are not capable of holding legal rights and obligations are not allowed to create OurPool Account and use OurPool Platform, OurPool Services, OurPool Wallet or other related services. If OurPool becomes aware that such natural person or legal entity has created the OurPool Account or has used OurPool Services, OurPool will delete such OurPool Account and disable any OurPool Services and block access to OurPool Account and OurPool Services to such natural person or legal entity.

If you register to use the OurPool Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.

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

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

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

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

No failure to enforce nor delay in enforcement of any provision of these Terms shall be deemed a waiver of such provision or any rights contained therein.

These Terms shall be governed by and construed in accordance with the laws of Próspera ZEDE, Honduras, specifically the Roatán Common Law Code, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration at the Próspera Arbitration Center (PAC) in accordance with its arbitration rules.