Last revised:18 January 2022
Please read the terms carefully as they govern your use of Bit-nitro Mining Services. As with any asset, the values of digital assets (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in digital currencies. By making use of Bit-nitro Mining Services, you acknowledge and agree that: (1) you are aware of the risks associated with transactions of digital assets; (2) you shall assume all risks related to the use of Bit-nitro Mining Services and transactions of digital currencies; (3) Bit-nitro Mining shall not be liable for any such risks or adverse outcomes; and (4) you should obtain independent legal and/or financial advice before entering into any transaction and/or using Bit-nitro Mining Services.
These Bit-nitro Mining Terms of Use are entered into between you (hereinafter referred to as you or your) and Bit-nitro Mining. By accessing, downloading, using or clicking on I agree, I accept, Start to accept any Bit-nitro Mining Services (as defined below) provided by Bit-nitro Mining (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Bit-nitro Mining Terms of Use (hereinafter referred to as Terms) as well as our Privacy Policy as available from time to time. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
By accessing, using or attempting to use Bit-nitro Mining Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Bit-nitro Mining or utilize Bit-nitro Mining Services in any way.
1 Definitions
In these Terms, the following defined terms shall have the meaning ascribed to them below:
Available Fiat means fiat currencies, as designated or varied by Bit-nitro Mining from time to time.
“Bit-nitro Mining refers to Bit-nitro Mining Website, online applications, clients, applets and other applications that are developed to offer Bit-nitro Mining Services by Bifinity UAB (registration number: 265895226), a company established under the laws of the Republic of Lithuania and having its registered office at Lvivo g. 25, 09320 Vilnius, Lithuania (https://www.registrucentras.lt/jar/sarasai/vvko.php). Bit-nitro Mining might integrate and/or use other operators services to provide products or services through these operators.
“Bit-nitro Mining Website Rules means all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Bit-nitro Mining, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Support or within products or service processes.
"Starter (student) Plan" means a mining plan that is set out for youths of the United states' of America, or/wherein any country youth with access to the bit-nitro mining company. It accoumulates from ($50 - $999).
"Advance (Enthusiast) Plan" means a mining plan that is set out for youths/adult who can take care of the mild case/risk in mining with bit-nitro company; from the United states' of America, or/wherein any country youth/Adult with access to the bit-nitro mining company. It accoumulates from ($1000 - $299).
"Business Plan" means a mining plan that is set out for youths/adult (mostly Adults) who could take care of the imposed case/risk in mining with bit-nitro company; from the United states' of America, or/wherein any country youth with access to the bit-nitro mining company. It accoumulates from ($3000 - 9999).
"Premium Plan" means a mining plan that is set out for Adults (Masters), who can take care of the risks in mining with bit-nitro mining company; from the United states' of America, or/wherein any country youth with access to the bit-nitro mining company. It accoumulates from ($10000 - Unlimited).
"Mining Machine Swapping Duration" refers to the time frame by which a customer can take the advantage of swapping to a higher plan without the need of purchasing a new one on the expiration of the mining machine.
"Liquidity Ratio" refers to the amount of value/figures that a mining machine could be able to contain.
"Savings account" refers to a corporate account created by a customer who already has a bit-nitro mining plan.
"Gas fees' tax Withdrawal or Deposit lavies, incured as a degree acceptance by the Blockchain technology.
"Account linkage" refers to the connection your crypto withdrawal application (where interests/profits are automatically transfered to) "Off withdrawal" these refered to a day, set off for withdrawals abscentism.
"Penalties" these are leavies given to defaulters due to errors created by a mining machine thereof neglecting the terms of use of any part of the bit-nitro mining service terms of use.
*(soon)Buy Crypto with Debit/Credit card means spot transactions in which Digital Currencies are exchanged for fiat currencies through payment by Debit/Credit card.
Digital Assets means Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
Digital Currencies means encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
“Bit-nitro Mining Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by Bit-nitro Mining for Users to record on Bit-nitro Mining their usage of Bit-nitro Mining Services, transactions, asset changes and basic information. Bit-nitro Mining Accounts serve as the basis for Users to enjoy and exercise their rights on Bit-nitro Mining.
“Bit-nitro Mining Services means such services as set forth in Article 3 (Bit-nitro Mining Services) below.
"Duration" refers to the maximum lifespan of a particular mining maching and how long it could be able to process mining.
Users means all individuals, institutions or organizations that access, download or use Bit-nitro Mining or Bit-nitro Mining Services and who meet the criteria and conditions stipulated by Bit-nitro Mining.
2 General Provisions
2.1 About These Terms
2.1.1 Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and Bit-nitro Mining.
2.1.2 Supplementary Terms
Due to the rapid development of Digital Currencies and Bit-nitro Mining, these Terms between you and Bit-nitro Mining do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, the privacy policy , Bit-nitro Mining platform rules, and all other agreements entered into separately between you and Bit-nitro Mining are deemed supplementary terms that are an integral part of these terms and shall have the same legal effect. Your use of Bit-nitro Mining Services is deemed your acceptance of the above supplementary terms.
2.1.3 Changes to these terms
By accessing and using Bit-nitro Mining Services, you represent and warrant that you have not been included in any trade embargoes or economic and/or other sanctions list, the list of specially designated nationals maintained by OFAC (The Office of Foreign Assets Control of The U.S. Department of The Treasury), or other sanction list issued and or applicable in the European Union and/or Republic of Lithuania. Similarly, you have no Miningion (income, business or employment relationship or otherwise) with any sanctioned organisation or jurisdiction. Bit-nitro Mining reserves the right to refuse, in its discretion, the provision of Bit-nitro Mining Services to certain companies and/or individuals.
2.2 About Bit-nitro Mining
2.2.1 To provide Bit-nitro Mining Services, Bit-nitro Mining may engage in trading on an online platform for Digital Assets trading powered by Bit-nitro Mining.
2.2.2 Although Bit-nitro Mining has been committed to maintaining the accuracy of the information provided through Bit-nitro Mining Services, Bit-nitro Mining cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Bit-nitro Mining be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Bit-nitro Mining Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Bit-nitro Mining does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Bit-nitro Mining or any other communication medium. All Users of Bit-nitro Mining Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
2.3 Bit-nitro Mining Account Registration and Requirements
2.3.1 Registration
All Users must apply for a Bit-nitro Mining Account at the relevant URL before using Bit-nitro Mining Services. When you register a Bit-nitro Mining Account, you must provide your real name, email address and password, and accept these Terms, the Privacy Policy, and other Bit-nitro Mining Website Rules. Bit-nitro Mining may refuse, in its discretion, to open a Bit-nitro Mining Account for you. You warrant that all information provided by you for registration of a Bit-nitro Mining Account is true, complete and accurate, and you agree to timely update any information you provided to Bit-nitro Mining to maintain the integrity and accuracy of the information. Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main account at any given time. Institutional Users (including Users that are businesses and other legal entities) can open one or more sub-accounts under the main account with the consent of Bit-nitro Mining. For certain Bit-nitro Mining Services, you may be required to set up a special account independent from your Bit-nitro Mining Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this Article and Article 6 (Termination of Agreement), unless otherwise stated in these Terms or the Supplementary Terms.
2.3.2 Eligibility
(a) By registering to use a Bit-nitro Mining Account, you represent and warrant that (1) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws at the date of registration; (2) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (3) you have not been previously suspended or removed from using Bit-nitro Mining Services; (4) you do not currently have a Bit-nitro Mining Account; (5) your use of Bit-nitro Mining Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
(b) Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. Bit-nitro Mining reserves the right to change, modify or impose additional restrictions at its discretion at any time.
2.3.3 User Identity Verification
(a) Your registration of an account with Bit-nitro Mining will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Bit-nitro Mining, or for other lawful purposes stated by Bit-nitro Mining. We will collect, use and share such information in accordance with our Privacy Policy.
(b) In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within eight (8) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, surname, government-issued personal code,and/or date of birth, citizenship, email address, contact information, phone number, username, government-issued ID, and other information collected during account registration. When providing the required information for the purpose of user identity verification, you confirm and warrant that all information provided by you is true, complete and accurate.
(c) After registration, you must ensure that the information is true, complete, and timely updated when changed. if there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, Bit-nitro Mining reserves the right to send you a notice to demand correction, directly delete the relevant information, and/or, as the case may be, terminate all or part of Bit-nitro Mining Services we provide for you. If any of the information provided by you is untrue or incomplete, or if we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to Bit-nitro Mining during your use of Bit-nitro Mining Services. You hereby acknowledge and agree that you have the obligation to update all the information if there is any change. By registering an account, you hereby authorize Bit-nitro Mining to conduct investigations that Bit-nitro Mining considers necessary, either directly or through a third party, to verify your identity or protect you, other users and/or Bit-nitro Mining from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. You also acknowledge and agree that your personal information may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to our investigations in full.
2.3.4 Account Usage Requirements
Bit-nitro Mining reserves the right to suspend, freeze or cancel the use of Bit-nitro Mining Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username or password, you should notify Bit-nitro Mining immediately. Bit-nitro Mining assumes no liability for any loss or damage arising from the use of Bit-nitro Mining Account by you or any third party with or without your authorization.
2.3.5 Account Security
(a) Bit-nitro Mining has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Bit-nitro Mining Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Bit-nitro Mining Account and personal information.
(b) You should be solely responsible for keeping your Bit-nitro Mining Account and password safe, and be responsible for all the transactions under your Bit-nitro Mining Account. Bit-nitro Mining assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
(c) By creating a Bit-nitro Mining Account, you hereby agree that:
(i) you will notify Bit-nitro Mining immediately if you are aware of any unauthorized use of your Bit-nitro Mining Account and password or any other violation of security rules;
(ii) you will strictly abide by all mechanisms or procedures of Bit-nitro Mining regarding security, authentication, mining, charging, and withdrawal; and
(iii) you will take appropriate steps to logout from Bit-nitro Mining at the end of each visit.
3 Bit-nitro Mining Services
3.1 General
3.1.1 Upon completion of the registration and identity verification for your Bit-nitro Mining Account, you may use various Bit-nitro Mining Services in accordance with the provisions of these Terms (including Bit-nitro Mining Website Rules and other individual agreements). Bit-nitro Mining has the right to:
(a) provide, modify or terminate, in its discretion, any Bit-nitro Mining Services based on its development plan; and
(b) allow or prohibit some Users use of any Bit-nitro Mining Services in accordance with relevant Bit-nitro Mining Website Rules.
3.1.2 Depending on your jurisdiction, you may be able to use Bit-nitro Mining Services directly upon completion of registration before identity verification described under Article 2.3.3, subject to certain limitations described below (Express Use).
(a) Express Use is available only in certain jurisdictions as may be updated by Bit-nitro Mining from time to time.
(b) Express Use can be accessed only by Users who do not have an ongoing business relationship with Bit-nitro Mining, in particular: (1) new Users who complete registration of their Bit-nitro Mining Account after 28 September 2022; and (2) existing Users who have completed registration of their Bit-nitro Mining Account but have not completed identity verification described in Article 2.3.3 until the date of acceptance of these Terms.
(c) Users described under Article 3.1.2.2. must not have an account at Bit-nitro.com that has already completed the identity verification according to the Bit-nitro Terms of Use of Bit-nitro.com, or that has been subject to an identity verification remediation request.
(d) Express Use is available only for the first time use of Bit-nitro Mining Services for a transaction with a value below EUR 700 or its equivalent in other currencies. You must complete the identity verification described in Article 2.3.3 to be able to continue using Bit-nitro Mining Services regardless of the value of your first transaction completed by using Express Use.
3.2 Service Usage Guidelines
3.2.1 License
(a) Provided that you comply with the express terms and conditions stated in these Terms at all times during your usage, Bit-nitro Mining grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Bit-nitro Mining Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Bit-nitro Mining Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Bit-nitro Mining Services should be stipulated in the discretion of Bit-nitro Mining. Bit-nitro Mining reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Bit-nitro Mining Services in any way not expressly authorized by these Terms.
(b) These Terms only grant a limited license to access and use Bit-nitro Mining Services. Therefore, you hereby agree that when you use Bit-nitro Mining Services, Bit-nitro Mining does not transfer Bit-nitro Mining Services or the ownership or intellectual property rights of any Bit-nitro Mining intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Bit-nitro Mining Services, are exclusively owned, controlled and/or licensed by Bit-nitro Mining or its members, parent companies, licensors or affiliates.
(c) Bit-nitro Mining owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as Feedback) about Bit-nitro Mining or Bit-nitro Mining Services that you provide through email, Bit-nitro Mining Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Bit-nitro Mining. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
3.2.2 Restriction
When you use Bit-nitro Mining Services, you agree and undertake to comply with the following provisions:
(a) During the use of Bit-nitro Mining Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Bit-nitro Mining;
(b) Your use of Bit-nitro Mining Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Bit-nitro Mining Services;
(c) You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
(d) Without written consent from Bit-nitro Mining, the following commercial uses of Bit-nitro Mining data are prohibited:
(i) Trading services that make use of Bit-nitro Mining quotes or market bulletin board information;
(ii) Data feeding or streaming services that make use of any market data of Bit-nitro Mining; and/or
(iii) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Bit-nitro Mining
(e) Without prior written consent from Bit-nitro Mining, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties;
(f) You may not (1) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Bit-nitro Mining Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner which is intended to be provided by Bit-nitro Mining to enable the access to Bit-nitro Mining Services; (2) attempt to access any part or function of the properties without authorization, or Mining to Bit-nitro Mining Services or any Bit-nitro Mining servers or any other systems or networks of any Bit-nitro Mining Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (3) probe, scan or test the vulnerabilities of Bit-nitro Mining Services or any network Mininged to the properties, or violate any security or authentication measures on Bit-nitro Mining Services or any network Mininged to Bit-nitro Mining Services; (4) reverse look-up, track or seek to track any information of any other Users or visitors of Bit-nitro Mining Services; (5) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Bit-nitro Mining Services or Bit-nitro Mining, or the infrastructure of any systems or networks Mininged to Bit-nitro Mining Services; (6) use any devices, software or routine programs to interfere with the normal operation of Bit-nitro Mining Services or any transactions on Bit-nitro Mining Services, or any other persons use of Bit-nitro Mining Services; (7) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Bit-nitro Mining, and/or (8) use Bit-nitro Mining Services in an illegal way.
(g) By accessing Bit-nitro Mining Services, you agree that Bit-nitro Mining has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
(i) Blocking and closing order requests;
(ii) Freezing your account;
(iii) Reporting the incident to the authorities;
(iv) Publishing the alleged violations and actions that have been taken;
(v) Deleting any information you published that are found to be violations.
*3.2.3 Fiat Trading (coming soon...)
(a) Following the completion of the registration and identity verification for your Bit-nitro Mining Account, User will be able to utilise Fiat Trading services on the Bit-nitro Mining Website:
(i) purchasing Digital Currencies through payment by Debit/Credit card;
(ii) selling Digital Currencies by Fiat Trading Pairs; and
(iii) depositing fiat currencies Bit-nitro Mining Merchant Wallet and purchasing Digital Currencies or Digital Assets through Fiat Trading Pairs.
(b) For the purpose of Bit-nitro Mining Services set forth in Subsections 3.2.3(a)(ii) and 3.2.3(a)(iii) above, you agree that Bit-nitro Mining may partner with other third party services providers in order to provide such Bit-nitro Mining Services.
(c) Cancellation and charge backs. Any payments expressed in any fiat currencies and which have been made in Mining with any Bit-nitro Mining Services may not be cancelled, recalled or refunded. Any chargeback requests in Mining with any Bit-nitro Mining Services set out in Subsections 3.2.3(a)(i) are subject to the relevant third party services provider's policies.
(d) Fees. You agree to pay Bit-nitro Mining any fees that may be required to be paid and shall be specified from time to time in accordance with these Terms. Bit-nitro Mining may, in its discretion, update any fees at any time. Any updated fees will apply to any sales or other Transactions that occur after the effective time of the updated fees.
3.2.4 Custodial Services
Virtual Assets custodial services are made available to you by Bit-nitro Mining on terms and conditions set forth in the Terms of Use of Crypto Custodial Services available at domain(s)/sub-domain(s) owned and/or operated by Bit-nitro Mining.
4 Liabilities
4.1 Disclaimer of Warranties
4.1.1 To the maximum extent permitted under applicable laws, Bit-nitro Mining Services, Bit-nitro Mining materials and any product, service or other item provided by or on behalf of Bit-nitro Mining are offered on an as is and as available basis, and Bit-nitro Mining expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. without limiting the foregoing, Bit-nitro Mining does not represent or warrant that the site, Bit-nitro Mining Services or Bit-nitro Mining materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Bit-nitro Mining does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements, agreements and rules set forth in these terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of Bit-nitro Mining Services. without limiting the foregoing, you hereby understand and agree that Bit-nitro Mining will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of digital assets price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data, (d) regular or unscheduled maintenance carried out by Bit-nitro Mining and service interruption and change resulting from such maintenance, (e) any damages incurred by other users actions, omissions or violation of these terms, (f) any damage caused by illegal actions of other third parties or actions without authorized by Bit-nitro Mining; and (g) other exemptions mentioned in disclaimers and platform rules issued by Bit-nitro Mining.
4.1.2 The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction in which you reside.
4.2 Disclaimer of Damages and Limitation of Liability
4.2.1 To the maximum extent permitted by applicable laws, in no event will Bit-nitro Mining, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of Bit-nitro Mining Services, any performance or non-performance of Bit-nitro Mining Services, or any other product, service or other item provided by or on behalf of Bit-nitro Mining and its affiliates, whether under contract, statute, strict liability or other theory even if Bit-nitro Mining has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of Bit-nitro Minings gross negligence, fraud, willful misconduct or intentional violation of law. for jurisdictions that do not allow the foregoing exclusion or limitation of incidental or consequential damages, such exclusion or limitation may not apply to you.
4.2.2 notwithstanding the foregoing, in no event will the liability of Bit-nitro Mining, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of services offered by or on behalf of Bit-nitro Mining and its affiliates, any performance or non-performance of Bit-nitro Mining Services, or any other product, service or other item, whether under contract, statute, strict liability or other principles of law, exceed the amount of the fees paid by you to Bit-nitro Mining under these terms in the twelve-month period immediately preceding the event giving rise to the claim for liability.
4.3 Indemnification
You agree to indemnify and hold harmless Bit-nitro Mining, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys fees, fines or penalties imposed by any regulatory authority) arising out of or related to:
4.3.1 your use of, or conduct in Mining with, Bit-nitro Mining Services;
4.3.2 your breach or our enforcement of these Terms, or
4.3.3 your violation of any applicable law, regulation, or rights of any third party during your use of Bit-nitro Mining Services. If you are obligated to indemnify Bit-nitro Mining, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Bit-nitro Mining will have the right, in its sole discretion, to control any action or proceeding and to determine whether Bit-nitro Mining wishes to settle, and if so, on what terms.
5 Announcements
Please be aware that all official announcements, news, promotions, competitions and airdrops, should they become effective, will be listed on telegram @https://t.me/US_BITNITRO_MINING_OFFICIALGROUP . USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. BIT-NITRO MINING WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR FAILURE TO REMAIN UPDATED IN RESPECT OF THE ANNOUNCEMENTS.
6 Termination of Agreement
6.1 Suspension of Bit-nitro Mining Accounts
6.1.1 You agree that Bit-nitro Mining shall have the right to immediately suspend your Bit-nitro Mining Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such Bit-nitro Mining Accounts, and suspend your access to Bit-nitro Mining for any reason including if Bit-nitro Mining suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Bit-nitro Mining shall not be liable to you for any permanent or temporary modification of your Bit-nitro Mining Account, or suspension or termination of your access to all or any portion of Bit-nitro Mining Services. Bit-nitro Mining shall reserve the right to keep and use the transaction data or other information related to or derived from such Bit-nitro Mining Accounts. The above account controls may also be applied in the following cases:
6.1.2 The Bit-nitro Mining Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
6.1.3 We detect unusual activities in the Bit-nitro Mining Account;
6.1.4 We detect unauthorized access to the Bit-nitro Mining Account; and/or
6.1.5 We are required to do so by a court order or command by a regulatory/government authority.
6.2 Cancellation of Bit-nitro Mining Accounts
6.2.1 In case of any of the following events, Bit-nitro Mining shall have the right to directly terminate these Terms by cancelling your Bit-nitro Mining Account, and shall enjoy the right but not the obligation to permanently freeze or cancel the authorizations of your Bit-nitro Mining Account on Bit-nitro Mining and withdraw the corresponding Bit-nitro Mining Account thereof:
(a) after Bit-nitro Mining terminates services to you;
(b) you allegedly register repeatedly, or register in any other persons name as a UAB User, directly or indirectly;
(c) the information that you have provided is untruthful, inaccurate, outdated or incomplete;
(d) when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Bit-nitro Mining Account or by way of other conduct or means;
(e) you request that Bit-nitro Mining Services be terminated; and
(f) any other circumstances where Bit-nitro Mining deems it should terminate Bit-nitro Mining Services.
6.2.2 Should your Bit-nitro Mining Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 8 years. In addition, if a transaction is unfinished during the account termination process, Bit-nitro Mining shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
6.2.3 If Bit-nitro Mining is informed that any Digital Assets or funds held in your Bit-nitro Mining Account are stolen assets or otherwise are not lawfully possessed by you, Bit-nitro Mining may, but has no obligation to, place an administrative hold on the affected Digital Assets, funds, and/or your Bit-nitro Mining Account. If Bit-nitro Mining does lay down an administrative hold on some or all of your funds, Digital Assets and/or Bit-nitro Mining Account, Bit-nitro Mining may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Bit-nitro Mining has been provided to Bit-nitro Mining in a form acceptable to Bit-nitro Mining. Bit-nitro Mining will not involve itself in any such dispute or the resolution of the dispute. You agree that Bit-nitro Mining will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
6.3 Remaining Funds After Bit-nitro Mining Account Termination
Except as set forth in Section 6.4 below, once a Bit-nitro Mining Account is terminated/closed/withdrawn, all fees, expenses, charges, liabilities and any other amount owed to Bit-nitro Mining as of the date of termination/closure/withdrawal shall become payable immediately to Bit-nitro Mining, and you hereby authorise Bit-nitro Mining to set off such amount from your Bit-nitro Mining Account without further notice. Upon payment of all outstanding charges to Bit-nitro Mining (if any), the relevant User shall withdraw all Digital Assets or funds from the Bit-nitro Mining Account within ten (10) Business Days after such payment.
6.4 Remaining Funds After Bit-nitro Mining Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
Bit-nitro Mining maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Bit-nitro Mining Accounts suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
7 No Financial Advice
Bit-nitro Mining is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in Mining with any trades or other decisions or activities effected by you using Bit-nitro Mining Services. No communication or information provided to you by Bit-nitro Mining is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Bit-nitro Mining does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Bit-nitro Mining will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Bit-nitro Mining.
8 Compliance with Local Laws
It is Users responsibility to abide by local laws in relation to the legal usage of Bit-nitro Mining Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also consider, to the extent of their local laws, all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of Bit-nitro Mining Services acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities; users agree that Bit-nitro Mining will require them to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds.Bit-nitro Mining maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users accounts and funds which are flagged out or investigated by legal mandate.
9 Privacy Policy
Access to Bit-nitro Mining Services will require the submission of certain personally identifiable information. Please review Bit-nitro Minings Privacy Policy as available from time to time for a summary of Bit-nitro Minings guidelines regarding the collection and use of personally identifiable information.
10 Resolving Disputes: Forum, Arbitration, Class Action Waiver
10.1 Notice of Claim and Dispute Resolution Period
10.1.1 Please contact Bit-nitro Mining first! Bit-nitro Mining wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Bit-nitro Mining, then you should contact Bit-nitro Mining and a ticket number will be assigned. Bit-nitro Mining will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
10.1.2 In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Bit-nitro Mining, then you agree to set forth the basis of such claim in writing in a Notice of Claim, as a form of prior notice to Bit-nitro Mining. The Notice of Claim must (a) describe the nature and basis of the claim or dispute, (b) set forth the specific relief sought, (c) provide the original ticket number, and (d) include your Bit-nitro Mining account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Bit-nitro Mining. After you have provided the Notice of Claim to Bit-nitro Mining, the dispute referenced in the Notice of Claim may be submitted in writing (Notice of Arbitration) by either Bit-nitro Mining or you to arbitration in accordance with Section 10.1. You agree that the submission of a dispute to Bit-nitro Mining for resolution internally and the delivery of a Notice of Claim to Bit-nitro Mining are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Bit-nitro Mining shall not be disclosed to the arbitrator.
10.2 Agreement to Arbitrate and Governing Law
10.2.1 Agreement to arbitrate
You and Bit-nitro Mining agree that, subject to Section 10.1, any dispute, claim, or controversy between you and Bit-nitro Mining arising in Mining with or relating in any way to these Terms or to your relationship with Bit-nitro Mining as a User of Bit-nitro Mining Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as otherwise stated in Article 10.
10.2.2 Jurisdiction of the Tribunal
You and Bit-nitro Mining further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the agreement to arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration.
10.2.3 Arbitration Tribunal
The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the Rules of the Arbitration Centre (Arbitration Rules) in force when the Notice of Arbitration is submitted, as modified by this Article 10. The arbitration will be administered by the Hong Kong International Arbitration Centre (Arbitration Centre). Unless the parties agree otherwise, there shall be only one (1) arbitrator appointed in accordance with the Arbitration Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
10.2.4 Limitation Period
Judgment on any arbitral award may be given in any court having jurisdiction over the party (or over the assets of the party) against whom such an award is rendered. Time for filing: any arbitration against Bit-nitro Mining must be commenced by filing a notice of arbitration within one (1) year, after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. This one year limitation period is inclusive of the internal dispute resolution procedure set forth in Section 10.1. there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
10.2.5 Process; Notice
The party who intends to seek arbitration after procedures set forth in Section 10.1 has been completed, such party must submit a Notice of Arbitration to the Arbitration Centre in accordance with the Arbitration Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Bit-nitro Mining is up-to-date and accurate.
10.2.6 Seat of Arbitration
The seat of the arbitration shall be Hong Kong.
10.2.7 Place of Hearing
The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties.
10.2.8 Governing Law
These Terms (except for this arbitration agreement) shall be governed by, and construed in accordance with laws of the Republic of Lithuania. Arbitration agreement is subject to the Hong Kong Administrative Region of the People's Republic of China (Hong Kong).
10.2.9 Confidentiality
The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the Confidential Information) shall not be disclosed to any person other than the parties involved in the relevant dispute, except to the extent necessary to the tribunal, the Arbitration Centre, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person(s) necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
10.3 Class Action Waiver
10.3.1 You and Bit-nitro Mining agree that any claims relating to these Terms or to your relationship with Bit-nitro Mining as a User of Bit-nitro Mining Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal principles, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Bit-nitro Mining further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Bit-nitro Mining.
10.4 Modifications
Bit-nitro Mining reserves the right to update, modify, revise, suspend, or make any future changes to Article 10 regarding the parties agreement to arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Article 10 is up to date. Subject to the applicable law, your continued use of your Bit-nitro Mining account shall be deemed to be your acceptance of any modifications to Article 10 regarding the parties Agreement to Arbitrate. You agree that if you object to the modifications to Article 10, Bit-nitro Mining may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.
10.5 Severability
If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law.
11 Resolving Mining Disputes: , Duration Terms of Use, Gas Charges, Off Withdrawal Day, Liquidity Ratio.
11.1 Duration Terms of Use
By Purchase of any Mining Machine, the client have agreed that;
11.1.a The Starter (student) Mining Machine has a duration of (2) Two weeks mining process and will be lased of after this period of time unless/or swapped with agreement viz a viz the terms of use.
11.1.b The Advance (Enthusiast) Mining Machine has a duration of (1) One Month mining process and will be lased of after this period of time unless/or swapped with agreement viz a viz the terms of use.
11.1.c. Business Mining Machine has a duration of (3) Three Months mining process and will be lased of after this period of time unless/or swapped with agreement viz a viz the terms of use.
11.1.d. The Premium Mining Machine has a duration of (5) Five Months mining process and will be lased of after this period of time unless/or swapped with agreement viz a viz the terms of use.
11.2 Gas Charges
The Client has agreed that; Bit-nitro provides free 8x withdrawal Charges (leverages included) for all Mining Services, thereafter Charges (0.5 %) withdrawal charges (after the diminishing of the prior free withdrawal Charges. (Note that all stipulated charges at the beginning and end of every withdrawals are subjected to the wallet application as relation to reconciliation of bit-nitro and other entities.
11.3 Off Withdrawal Day
With the private policy governing the United state bodies, the client has agreed with bit-nitro mining company for Sunday to be an Off Withdrawal Day.
11.4 Liquidity Ratio of any Bit-nitro Mining Machine at any level, should not exceed 30% (percent) of the mining purchase. If occured, a penalty (due to system code error) of 10% of the Mining shall be levid on defaulter/s.
12. Account linkage can only be processed with business and premium plan minners (not for accounts under these levels/plans hereafter)
13. Mining Machine Swapping Duration; The mining machine is allowed to be swapped before 5 days to come to the end of usage (swapping duration based on swapping mining policies.)
14. If any error occurs during the usage of the mining services, bitnitro has the right to ask the defaulter to upgrade to any suitable plan in order to access their withdrawal channels.
Recurring Mining Purchase Transactions Terms & Conditions
1. This Recurring Mining Purchase Transactions Terms & Conditions (Recurring Mining Purchase Transactions) will remain in full force and effect after the initial Recurring Mining Purchase Transaction is executed in full, and until you change your Recurring Mining Purchase Transaction settings and/or terminate the Recurring Mining Purchase Transactions at the Manage your Recurring Details tab in your Bit-nitro Mining Account. We may, at any time, terminate the Recurring Mining Purchase Transactions by providing notice to you.
2. Please note that the Recurring Mining Purchase Transactions are currently NOT available for corporate users.
3. Recurring Purchase Transactions are available with crypto currency payments only.
4. By clicking Confirm to proceed with your Recurring Mining Purchase Transactions, you authorize such Transactions. It is important that you regularly check your Deposit history for Transactions. We shall not be obliged to verify the information and details of Recurring Mining Purchase Transactions provided by you. All the information and details of the Recurring Mining Purchase Transactions provided by you shall be assumed accurate and complete.
5. Bit-nitro Mining is not responsible for any losses incurred to you as a result of unauthorized or incorrect transactions or failed transactions due to the circumstance in relation to incomplete or outdated information including, but not limited to, invalid credit card information given, insufficient funds in your payment method, a payment made from the payment method reversed, or the issuing country or issuing bank of your payment provider are currently incompatible and unsupported. It is your responsibility to maintain an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds, or similar fees charged by your payment provider. We shall neither be responsible for the delay caused (if any) in executing the Recurring Mining Purchase Transactions for any reason. Further, we shall not be responsible for any merchant-initiated transactions.
6. In order to make any changes with your Recurring Mining Purchase Transactions, you shall terminate the Recurring Mining Purchase Transactions at the Manage your Recurring Details tab in your Bit-nitro Mining Account and make a new order for Recurring Mining Purchase Transactions.
7. We reserve the right to refuse to process, cancel, terminate, or reverse any Recurring Mining Purchase Transactions at our sole discretion, even after funds have been debited from your account(s). If we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if we reasonably suspect that the transaction is erroneous; or if we suspect the transaction relates to any applicable Restrictions. In such instances, we will reverse the transaction, and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction or any damages or losses caused due to the actions taken by us according to the terms herein. Recurring Mining Purchase Transactions are subject to Bit-nitro Mining Terms of Use and can be amended from time to time.
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