By signing up to use an account and our services you automatically agree with all the clauses of this Agreement.
Terms and Conditions
By accepting the terms of this Agreement, you confirm that you are not less than 18 years old and that you can enter into a legal agreement (a formal offer). If you accept this Agreement on behalf of an organisation, you confirm that you have the authority to represent this organisation and that hereinafter the word "you" stands for that organisation. By accepting the Agreement, you agree with all its provisions, regardless of whether you have read it or not.
This Agreement establishes legal terms and conditions for the agreement between us, by which we sell you any of the services (specified below) described on our website (the "Website").
1.1. The Mining Equipment, Maintenance and Pool. The hardware for cryptocurrency mining ("Mining Equipment") consists of specialized computer equipment, computer programs, network equipment and related facilities, which use the Company’s own software for cryptocurrency mining ("Software"). We sell you a certain amount of computing capacity ("Services"), which is indicated in each order and makes it possible to earn a certain profit but does not guarantee it. We lease the equipment in order to provide you and our other users ("Users") with the Services and also use it for our own purposes.
1.2. Mining Contracts.
a. By agreeing to the terms and conditions of this Agreement, you are giving us the right to provide you with the Service. We accept your offer by sending you an order confirmation ("Order Confirmation"), and a contract ("Mining Contract") will be concluded to provide the Service. After the start of the Service, we will provide you with some of the capacity of our hardware for cryptocurrency mining.
b. The types of mining contracts potentially available at any time are described in detail at www.elysium.company . You must conclude a mining contract in order to have the right to use the services.
1.3. Mining Equipment Leasing. We lease the Mining Equipment to you and other users, including the clients who have valid mining contracts, and also use it for our own account. You acknowledge that by agreeing to the terms and conditions of this Agreement and by concluding the Mining Contract, you sign up on our Website, gain access to your account and mine cryptocurrencies in your own name and for your own benefit. When allocating the hardware capacity, we use commercially reasonable efforts to lease the Mining Equipment on your behalf, partly on behalf of our other users, and partly on our own behalf. For our own benefit, we use part of the equipment not distributed through the Mining Contracts.
1.4. Product. The Mining Equipment allows you to mine cryptocurrencies using hardware capacity. The cryptocurrencies produced by the equipment ("Product") will be distributed among the users in accordance with the existing Mining Contracts (determining the "Client's Share" and the "Term" of the contract). In this regard, such distributions are charged with a service fee.
1.5. Product Distribution. Part of the income received from mining will be transferred to your bitcoin wallet (as specified below).
2.1. Password. In order to choose and pay for the Services, you need to create an account on the Website ("Account") and enter your e-mail address ("Log In") and password ("Password"). To protect your account and prevent unauthorized access to it, keep your password secret. You are responsible for any actions that occur in or through your account. If you become aware of any unauthorized use of your password or account, or you have grounds to suspect that, immediately change your Password and notify us about it. If we consider that there was unauthorized access to your Account, we reserve the unilateral right to suspend or terminate any Services and your Account, in which case we will notify you of it.
2.2. Bitcoin Wallet. Your "Bitcoin Wallet" is a bitcoin address that you submit to us to pay you the income. We do not use your Bitcoin Wallet. You are solely responsible for maintaining and monitoring your wallet. Be sure to save the login details for your Bitcoin Wallet. If you forget or lose the login details for your Bitcoin Wallet, or other people get access to it, with or without your permission, you can lose your bitcoins forever, including any payments that we transfer to your wallet. We are not responsible for any transactions or malfunction of your Bitcoin Wallet.
USE OF OUR SERVICES
3.1. Access Requirements. Before you can use any Service, we must approve it and you must have an Account.
3.2. User Identification. Since the provision of the Services may entail a financial risk on your behalf, whenever you use the Services, we can check your personal history in public records, your credit history or account history. To register you as a client and to provide the Services to you, we may request your identification or other documentation to help us prevent fraud or money laundering. This may include your photograph and information about your place of residence. We can also use other ways to verify your identity and credit capacity and to prevent fraud. You allow us to share credit information about you with the credit report agencies and any of our other subsidiaries.
3.3. Caution on Your Part. When using our Services, you confirm and guarantee that you have conducted a thorough examination to understand the risks associated with cryptocurrency mining. You acknowledge that due to the difficulties connected with leasing the Mining Equipment, there may be delays that affect the speed of connection.
3.4. Necessary Hardware / Software. Unless otherwise specified, you are responsible for using the hardware and software required to access our Services and for ensuring that such hardware and software is able to access the Website and use our Services, and you bear all the costs associated with the purchase and maintenance of such hardware and software. We do not guarantee that our Services or Website will function on any hardware or software. We are not and will not be responsible for any errors or malfunctions in the operation of any hardware or software.
COST OF SERVICES
4.1. Prices. The cost of the Services will be indicated on the Website. We are taking all reasonable measures to ensure that the prices of the Services are relevant to the available data. However, if we find an error in the price of the Service you ordered, your order will be reviewed.
4.2. Change of Prices. The Prices for our Services may change from time to time.
4.3. VAT. Wherever applicable, the Price of the Service includes VAT (Value Added Tax) at the current rate charged within the jurisdiction of the Company's registration at the time of the order. However, if the VAT rate changes between the date of the contract execution and the confirmation of the order, we will adjust the VAT that you pay, unless you had fully paid for the Services before the VAT change came into effect.
4.4. Credit Card. When paying with a credit card, you may need to confirm your ID and right of ownership for this payment method. In case of credit card purchases, we have the right to withhold your account (to withhold the possibility to withdraw any funds from your account) for up to 30 days as a security measure against fraud related to the rules and policies.
RESTRICTIONS ON USE
5.1. Restrictions on Use. You shall not use our Services or information supplied through our Services to conduct any illegal, fraudulent, unauthorized or improper activity. You must comply with all applicable constitutions, laws, regulations, principles of common law, codes, regulations, by-laws or contracts and all existing orders, regulations, instructions, requirements, directives or requests of any courts, regulators or other public authorities (the “Law") related to the use of our Services.
5.2. Your Promises. You agree that you will not attempt:
(a) to access any Software or part of our Services for which your access was not authorized;
(b) to access or use, or attempt to access or use the Account of another User;
(c) to interfere in any way with the provision of the Services or the Software, the security of our Services and the Software or other Users, or otherwise abuse our Services or the Software;
(d) register multiple accounts.
5.3. Our Means of Defense. If we have reasons to believe that you (or any other person acting through your Account) have participated in any of the prohibited or unauthorized activities specified in this Agreement, or have otherwise broken your obligations under this Agreement, or have illegally taken possession of our trade secrets or our confidential information, copyrights, patents or other intellectual property rights, we have the right without any further claim or prior notice and without limitation of any other available means of legal defense:
a. to stop, suspend or restrict access to your Account and the Services provided;
b. to terminate or suspend the operation of this Agreement or any Service;
c. to refrain from paying you the Client's Share and also from returning the funds invested by you;
d. to notify the law enforcement authorities, regulators, affected third parties and other parties at our own discretion;
e. to refuse to provide you with our Services in the future;
f. to bring legal action against you.
6.1. Definition. The "Technology" means the software developed by us or provided by our Suppliers, written and audiovisual instructions, all other original instructions, methods, tools and processes that we publish, distribute, or otherwise use to facilitate the use of our Services, and includes our Software, software tools, user interface design and any of its derivatives, enhancements or updates developed or provided by us or our Suppliers and used to provide our Services.
6.2. Possession. This Agreement does not transfer to you any ownership rights for the Technology or any part thereof. All property rights and interests in respect of the Technology remain exclusively with us or our Suppliers. You do not buy the right for any Technology. If we have approved the provision of Services to you, you are entitled to use the Technology only through your Account and only during the relevant Term. This permission is given solely for you to use our Services in the manner specified in this Agreement. Your rights under this Agreement shall not be transferred to another person without our prior written consent.
6.3. Restrictions on Use. You shall not copy the Technology or use it by yourself, except as described above, and we do not grant you any license, either explicit or implied, with respect to any copyrights, patents or any other intellectual property rights embodied in the Technology.
USE OF YOUR PERSONAL DATA
When considering your request to order the Service, for our own safety we reserve the right to use any information you have provided to investigate your trustworthiness, credit and legal history and any other information about you in publicly available sources. You give us full permission to identify you and study your history before providing you the Service you have requested.
CHANGES IN THE AGREEMENT
a. changes in how we accept payment from you;
b. changes in how we interact or communicate with you;
c. changes in any relevant Law;
d. changes in financial viability (will be decided at our own discretion) of the Service;
e. the occurrence of an event beyond our control;
f. changes in the Law applicable to the Service.
7.2. Notification of the Changes. We will notify you of all Changes in one of the following ways at our own discretion:
(a) sending you an e-mail;
(b) providing notifications when you log into your Account or otherwise when using our Services.
Notification of any Changes will be deemed to be provided to you and received by you on the same day such notification is provided.
7.3. Your Consent. Your continued use of our Services or the purchase of any additional Service after the effective date of any Changes will be deemed your consent to the Changes. Within the frame of any Changes you may need to re-agree with the revised Agreement to continue using our Services.
7.4. Implementation of the Changes. Unless otherwise provided by this Agreement or the current Law, the Changes are implemented only after the date they come into effect.
7.5. The Changes Made for Legal Reasons. The Changes made for legal reasons, including the Changes to comply with any relevant Laws, shall take effect immediately. We will contact you as soon as possible to notify you of such Changes.
TERMINATION OF THE AGREEMENT
8.1. Your Right to Terminate the Agreement. You can terminate this Agreement and terminate the use of any Service by notifying us of termination. You are not entitled to receive a refund from the termination of the Service.
8.2. Consequences of Termination. If you stop using any Service or otherwise refuse to accept the terms of this Agreement, we will stop providing any Services to you, and you will no longer be required to pay any fees that are charged regularly. If you cancel the service in accordance with this section, your service charge will not be refunded. If you terminate this Agreement, and your own unlawful activities or breach of this Agreement give or potentially give us the right to recover the damages, or you have unpaid obligations or potential liabilities to us at the time of termination, we are allowed to withhold any due and payable amounts to cover these losses and other liabilities.
OUR RESPONSIBILITY TO YOU IS LIMITED TO THE PROVISION OF THE SERVICE
9.1. Exceptions. Nothing in this Agreement limits or excludes our responsibility for:
a. Death or bodily injury caused by our negligence; or
b. Fraud or fraudulent misrepresentation.
9.2. WAIVER OF CLAIMS AGAINST THE SUPPLIERS OF THE COMPANY
a. We are the only legal entity that has obligations to you under this Agreement. BY ACCEPTING THIS AGREEMENT, YOU FULLY REFUSE TO USE ANY TYPES OF LEGISLATION, LEGAL ACTIONS, DEMANDS, COMPLAINTS OR CLAIMS OF ANY TYPE AGAINST ANY OF OUR SUPPLIERS OR ANY PERSON RELATED TO THE SERVICE.
b. In some jurisdictions, this waiver of claims against our Suppliers may be null and void. To the extent that this is the case, the provisions of this Agreement that limit our liability or guarantees also apply to our Suppliers.
9.3. The service charge you pay does not guarantee that the Product will be manufactured. The fact that people have benefited from cryptocurrency mining in the past is not a sign that you will profit from сryptocurrency mining or from the Service in the future. You must be aware of all the risks when adopting this Agreement. We do not guarantee that you will receive the Product when using the Service.
WHEN USING OUR SERVICES, YOU ACKNOWLEDGE AND GUARANTEE THAT YOU ARE AWARE OF ALL THE RISKS RELATED TO CRYPTOCURRENCY MINING. NOTWITHSTANDING OUR CONSTANT HASHRATE UNDER YOUR MINING CONTRACT, THIS CONTRACT DOES NOT GUARANTEE CONSTANT GENERATION OF NEW CRYPTOCURRENCIES BECAUSE OF OTHER FACTORS, INCLUDING AN INCREASE IN THE GENERAL HASHRATE, AN INCREASE IN THE COST OF ELECTRICITY AND REDUCTION OF CRYPTOCURRENCY PRICES. YOU FURTHER ACKNOWLEDGE AND GUARANTEE THAT YOU HAVE TAKEN AN INDEPENDENT DECISION TO USE OUR SERVICES BASED ON THE AVAILABLE INFORMATION THAT, AS YOU HAVE IDENTIFIED, IS SUFFICIENT FOR THIS PURPOSE. WE HAVE NOT EXERTED ANY INFLUENCE ON YOUR OPINION AND HAVE NOT CONVINCED YOU THAT THE PURCHASE OF OUR SERVICES IS REASONABLE AND SUITABLE FOR YOU, AND YOU DO NOT ACCEPT ANY REPRESENTATIONS OR WARRANTIES FROM US EXCEPT THOSE DIRECTLY INDICATED IN THIS AGREEMENT.
9.4. Inability to Perform. Unless otherwise specified in the applicable Law or clear provisions of this Agreement, we will not be liable for our failure to fulfill our obligations under this Agreement if we have taken reasonable precautions and our inability to perform the terms of the Agreement is caused by the events beyond our control.
9.5. Disclaimer of Liability. Unless otherwise specified in the Law or explicit provisions of this Agreement, we are not liable for any loss or damage caused by:
(a) your misconduct, error or negligence, including failure to comply with the terms and conditions of this Agreement;
(b) action or inaction of any person who is not under our direct control;
(c) unauthorized access to your Account or Bitcoin Wallet or your inability to promptly notify us of such unauthorized access; and
(d) misuse of our Services.
9.6. WARRANTY DISCLAIMER. You understand and agree that you use the Service at your own risk. WE PROVIDE THE SERVICE "AS IS" WITHOUT ANY WARRANTY FROM US, OUR DIRECTORS, EMPLOYEES, AGENTS, WORKERS, SUBSIDIARIES, AFFILIATES, LICENSORS, MARKETING MANAGERS, ADVERTISERS OR SUPPLIERS (OTHER PERSONS), IF THIS IS ALLOWED BY APPLICABLE LAW. WE AND OTHER COMPANIES DISCLAIM ALL WARRANTIES, EXPLICIT OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THERE ARE NO WARRANTIES FROM US OR OTHER PERSONS THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THEM WILL BE UNINTERRUPTED OR ERROR-FREE, AS WELL AS NO WARRANTIES RELATED TO THE USE OR THE RESULTS OF USE OF THE SERVICES AND OF THE PERFORMANCE, ACCURACY, RELIABILITY, SAFETY, FEASIBILITY, RELEVANCE, etc. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN TO ANY PERSON SHALL CREATE A WARRANTY OF ANY KIND, CONNECTED WITH US OR OTHER ORGANISATIONS. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY BE LIABLE FOR ANY UNAUTHORIZED USE OF SERVICES OR YOUR ACCOUNT. UNDER NO CIRCUMSTANCES SHALL WE OR OTHER PERSONS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING LOSS OF PROFIT, INTERRUPTION OF BUSINESS ACTIVITY, LOSS OF INFORMATION, etc.), BE IT ON THE BASIS OF THE CONTRACT, FROM NEGLIGENCE, MARKETING, THE INABILITY TO USE THE SERVICE OR YOUR ACCOUNT, EVEN IF WE OR OTHER COMPANIES HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES, THAT IS WHY THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY DISCLAIMER OR LIMITATION OF LIABILITY FOR THE ACTUAL DAMAGE SET FORTH IN THIS DOCUMENT IS PROHIBITED BY THE APPLICABLE LAW, WE AND OTHER PERSONS WILL HAVE THE RIGHT TO THE MAXIMUM DISCLAIMER OF LIABILITY OR LIMITATION OF LIABILITY FOR DAMAGES IN LAW OR IN EQUITY.
OTHER IMPORTANT CONDITIONS
10.1. The Basic Law. Russian laws will regulate any disputes related to the service or the present terms and conditions, even if the laws of Russia and any other jurisdiction contradict each other.
10.2. Complete Agreement. This Agreement (including any Services) is the complete agreement between you and us. You acknowledge that you did not rely on any statements and promises made or given by us or on our behalf that are not specified in this Agreement.
10.3. Our Reassignment. We may transfer or assign our rights and obligations under this Agreement to another person, but this will not affect your rights or our obligations under this Agreement or the terms of service. We will try to notify you in writing if this happens.
10.4. Your Reassignment. You can not assign, transfer or lease the rights to use the service without our written permission. Any attempt of reassignment in violation of this Agreement will be deemed null and void.
10.5. Third-Party Beneficiaries. No other person except you has any rights to execute this Agreement, whether by contract or otherwise.
10.6. Change of the Agreement. If any provision of this Agreement is deemed null and void or unenforceable, such provision will be excluded from this Agreement only if it is null and void or unenforceable. Unless otherwise provided, all other terms and conditions of this Agreement shall remain in full force and effect.
10.7. Waiver of the Claim. If we do not insist that you fulfill any of your obligations under this Agreement, or if we do not exercise our rights against you, or if we delay their application, this does not mean that we have waived our rights against you and that you are not required to fulfill your obligations. If we agree with your failure to fulfill your obligations, we do this only in writing, and this does not mean that we automatically agree to any subsequent failure to fulfill your obligations.
10.8. Conflict. If a conflict arises between this Agreement and anything indicated by any other person, whether before or after entering into this Agreement, the terms and conditions of this Agreement will prevail.
10.9. Survival Clause. Any terms and conditions of this Agreement, which by their nature shall remain in force, shall survive the termination of this Agreement.