Digifinex Hashrate Service Agreement ("Agreement") is a contractual agreement between the users and Digifinex Limited or its designated affiliates on the Digifinex website (https://www.DigiFinex.com) or Digifinex APP ("Official Platform") concerning the rights and obligations of the Hashrate Service. The Agreement shall have contractual effect. By paying for an order and/or using the Service, the User accepts and agrees to all the terms and conditions of this Agreement. DigiFinex reserves the right to modify the terms of this Agreement, and the User may review the most current Agreement at any time. The modified Agreement shall be effective immediately upon posting (unless otherwise specified) and shall supersede the original Agreement, and User's continued use of DigiFinex's Services following the posting of this Agreement and any modifications thereto shall constitute your acceptance of and agreement to such modifications. If you do not agree to the updated Agreement after such modifications occur, you shall abandon your registration and cease using the services provided by DigiFinex. Your continued use of the services provided by DigiFinex will be deemed acceptance of and agreement to the updated Agreement.
1. Service Content
The service in this Agreement refers to the hashrate service (hereinafter referred to as "Service") displayed on the DigiFinex website or specially customized for users. The specific contents and prices of the Services shall be subject to the details of the order.
2. Obligations of both parties
2.1 Obligations of users
2）For the purpose of registering an account on the website and using the services provided by the website, the user shall provide legal, true, accurate and complete personal/company data and information (hereinafter referred to as "Registration Information"). If there is any change in the Registration Information, the User shall update the Registration Information in a timely manner. The user shall bear full responsibility and consequences for any losses or expenses incurred by the User or DigiFinex as a result of the registration information provided by the User being unlawful, untrue, inaccurate or incomplete or as a result of the User's failure to update the registration information in a timely manner, and DigiFinex reserves the right to terminate the User's use of the Product Services under this Agreement.
3）The User shall be obligated to pay the fees (including but not limited to hashrate fees and service fees) as agreed in this Agreement. If the User fails to pay the relevant fees as agreed in this Agreement, DigiFinex shall have the right to delay delivery, suspend or terminate the services under this Agreement, and the User shall be responsible for any losses arising therefrom.
2.2 Obligations of Digifinex
1）Digifinex uniformly decides which mining pool the hashrate is linked to. Also, to the maximum extent permitted by law, Digifinex shall not be liable for any loss or damage arising from or related to the use or inability to use the services provided by the mining pool. If the original pool is unable to provide the service, Digifinex will replace it with another pool as soon as possible.
2）To provide the relevant services to DigiFinex users in accordance with this Agreement and the contents of the relevant orders.
3）To display the operation and output of the ordered computing power in time to the account opened by the user.
3. Quality Assurance
3.1 If the service is interrupted due to force majeure or non-DigiFinex reasons (including but not limited to power restrictions, equipment maintenance and other factors due to the location where the cloud hashrate service is operated), DigiFinex shall promptly notify users. If such interruption results in the inability to provide normal services for less than or equal to 30 days, DigiFinex may compensate the user by extending the service period until the contracted service period is met; if such interruption results in the inability to provide normal services, DigiFinex may (a) postpone the service period accordingly; or (b) refund the unexecuted computing fees and electricity charges, and Digifinex will pay for the unexecuted hashrate fees and electricity charges. Digifinex shall have the final right to interpret the calculation of the unimplemented hashrate and electricity fees (including other fees).
4. Product Details
4.1 Hashrate fee and service fee prices: The prices published on the DigiFinex website or agreed by both parties in the order form shall prevail.
4.2 Service standard: The amount of hashrate and period is subject to the user's order.
4.3 Service period: subject to the order, or the service period adjusted according to Article 3.1 of this Agreement.
5. Delivery and Return of Services
5.1 All services under this Agreement are provided by DigiFinex.
5.2 DigiFinex shall deliver the Service to the users within 24 as otherwise agreed by both parties, after the users' order has been confirmed and the users' payment has been made.
5.3 DigiFinex will cease to provide services on the expiration date of the order if the agreed service period expires and is not renewed by mutual agreement.
6. Liability for breach of contract
6.1 Any breach of this agreement by either party shall be subject to liability for breach of contract in accordance with the law.
6.2 Considering the special nature of the Internet and cloud hashrate servers, the following circumstances, in addition to force majeure and unforeseen events, are not considered breaches of contract by the DigiFinex .
1）The DigiFinex requires short interruptions in service when performing server configuration and maintenance.
2）Service interruptions due to power limitations, equipment maintenance;
6.3 DigiFinex shall provide only as agreed herein and shall not be liable for any gain or loss arising from the Service.
6.4 In any event, the amount of DigiFinex's liability for breach of contract arising out of this Agreement shall be determined by negotiation between both parties separately.
7. Termination of Agreement
7.1 This Agreement shall be effective upon valid signature by both parties and shall terminate upon expiration of the service period.
7.2 DigiFinex may unilaterally terminate the Agreement and cease to provide the Services, and DigiFinex shall not be liable for any breach of contract or compensation in such cases:
1）The user's use of the service offerings violates the laws and regulations of its location.
2）The user does not pay the full amount of hashrate fees and service charges as agreed in this agreement
If DigiFinex suffers any damage as a result of the above, the user shall indemnify DigiFinex for all damages.
7.3 The expiration or early termination of this Agreement shall not affect the rights and obligations of both parties under this Agreement that have arisen prior to the expiration and early termination date of this Agreement.
1）If a customer's order has an output that does not cover the electricity fee for 30 consecutive days or if the electricity bill is not paid for 30 consecutive days, the corresponding order will be terminated early.
2）If mining cannot continue due to market factors or force majeure factors, DigiFinex will sell the cloud hashrate servers according to market conditions. The residual value will be allocated according to the hashrate ratio of user orders to the total amount, and the exact value is subject to DigiFinex's announcement.
7.4 Regarding the termination of the agreement caused by the user's choice to pick up the hashrate server, the pick-up of the machine is noted as follows:
1）Users who want to take away the servers must take them in a whole unit. Meanwhile, they should bear the corresponding machine loss rate and deduct 20% of the hashrate. For specific calculations, please contact Digifinex official customer service.
2）Users who choose to take away the servers should complete the process within 60 days, if not, storage fees would be charged for overtime. Users can pay separately or until the machine residual value is totally deducted. For specific storage fee information, please contact Digifinex official customer service.
3）DigiFinex is responsible for the packing and sending of the hashrate server, and the user is responsible for the costs of shelving, transportation, packing, customs clearance, etc. DigiFinex is not responsible for any damage caused in transportation or any loss caused by failure to clear customs.
8. Dispute Resolution
8.1 The laws of Singapore (excluding conflict of laws) shall apply to the formation, entry into force, performance, interpretation and dispute resolution of this Agreement.
8.2 In the event of any dispute, controversy or claim arising out of or in connection with this Agreement or its breach, termination or validity ("Dispute"), the Parties shall settle the same amicably; if no such settlement is reached, either Party may submit the dispute or controversy to the Singapore International Arbitration Centre for arbitration. The arbitration shall be final and binding on both parties.
9. Force majeure and unforeseen events
9.1 If either party is unable to perform the agreement due to force majeure, it shall be partially or fully exempted from liability according to the effect of force majeure, except as otherwise provided by law. If the party cannot perform the agreement or needs to delay the performance of the agreement due to force majeure, it shall notify the other party in writing within 5 days from the date of the force majeure event and shall provide proof within 20 days from the date of the force majeure event. If force majeure occurs after the delayed performance of the party, it does not exempt its liability for breach of contract.
9.2 The party suffering from force majeure shall take all necessary measures to mitigate the damage and resume the performance of this Agreement after the event has been eliminated, except where the performance of this Agreement has been rendered impossible or the purpose of the Agreement cannot be achieved due to force majeure. If it is confirmed that this Agreement will not continue to be performed, DigiFinex shall refund to users the difference between the full rental fee and the actual rental fee incurred.
9.3 The "Force Majeure" in this clause means unforeseeable, unavoidable, or insurmountable events, including (a) natural disasters such as flood, volcano eruption, earthquake, landslide, fire, storm and inclement weather etc (b) social abnormalities such as war, strike, riots etc (c) government behaviors such as government intervention, restriction and prohibition, and (d) hacker, virus, internet service interruption etc.
10. Confidentiality Policy
10.1 "Confidential Information" means any and all materials, product information, personal information, trade secrets, financial information, technical information, communications, notes, editorial matter, research and other information disclosed by one Party (Disclosing Party) to the other Party (Receiving Party) in connection with the performance of this Agreement or disclosed or made available to the Receiving Party in connection with the execution or performance of this Agreement, whether orally, in writing, in machine-readable form or otherwise, in any other manner. Both parties shall keep the Confidential Information strictly confidential and use the Confidential Information only for the purposes of this Agreement.
10.2 The Parties agree to disclose Confidential Information only to those officers, employees, consultants and other representatives ("Representatives") who need to know the Confidential Information for the purposes of this Agreement, and require that the Representatives maintain the Confidential Information obtained from the other Party and/or its officers, employees and representatives in strict confidence and not use, disclose or permit access to such Confidential Information by any third party for any purpose other than as may be necessary to perform any of its obligations under this Agreement or as permitted by the disclosing Party. except as may be necessary to perform any of its obligations under this Agreement or as may be permitted by the Disclosing Party.
10.3 Upon termination of this Agreement or at the request of the Disclosing Party, the Receiving Party shall promptly return to the Disclosing Party or destroy all files containing Confidential Information (including the original Confidential Information, copies in any form or any form of change of Confidential Information) upon the request of the Disclosing Party.
10.4 DigiFinex hereby acknowledges and agrees that the disclosure of such confidential information by the User to its affiliates, shareholders, employees, officers, directors, agents, advisors and other subjects in accordance with the relevant laws, regulations and regulatory bodies or on the basis of necessity shall not constitute a breach of the confidentiality agreement under this Agreement.
10.5 The confidentiality obligations under this article shall terminate in 3 years upon the date of expiration of this Agreement and shall not be invalidated by any change, release, termination or invalidity of this Agreement.
Users should not be (also referred as "restricted person") citizens or residents of the United States, Singapore, China, the Balkans, Cuba, the Democratic Republic of the Congo, Iran, Iraq, North Korea, Sudan or Syria; nor any entity or individual subject to restrictions under applicable trade sanctions and export compliance laws. If the user is a restricted person and uses the Services provided by DigiFinex, all legal risks and liabilities arising therefrom shall be borne solely by the user. Meanwhile, DigiFinex shall have the right to refuse to provide the Services to the user and the user shall not be entitled to any refund from DigiFinex.
The user warrants that the above statement is true and bears all legal consequences.
If there are any inconsistencies, the Chinese version prevails.
 Service costs (electricity, maintenance costs and unexpected costs), cloud hashrate products do not include service costs.