Article I Signature of Agreement
- Before purchasing BKEX Cloud Mining Service (hereinafter referred to as "Cloud Mining Service"), please carefully read and understand all terms of BKEX Cloud Mining Service Agreement (hereinafter referred to as "this Agreement").
- If you tick "I have read and agree" this Agreement in the purchase process, then you, as the buyer of Cloud Mining Service, have legally signed this Agreement with BKEX, and it is deemed that you have completely accepted all the contents contained in this Agreement and the relevant rules of Cloud Mining Service that have been published or may be published and updated in the future without modification and conditions. Relevant rules of Cloud Mining Service that have been published or may be published or updated in the future are an integral part of this Agreement and have the same legal effect as this Agreement.
Article II Relevant Definitions and Explanations
- Purchase of Cloud Mining Service: it means that you purchase the hashrateof the agreed unit from BKEX platform within a corresponding period, so that you can enjoy the right to obtain the corresponding mining output generated by the hashrate within a certain period.
- The Cloud Mining Service you purchased will be placed in the hashrate engine room network of BKEX.
- The main frame involved in the Cloud Mining Service you purchased does not belong to you. What you purchased is the remaining "hashrate" involved in the Cloud Mining Service main frame that BKEX has the right to sell (the hashrate shall be subject to the computing power released and sold online by BKEX). BKEX owns more "hashrate" than the Cloud Mining Service you purchased, which can be sold to other users who purchase Cloud Mining Service. The Cloud Mining Service you purchased can be transferred to a third party at the original price, premium or discount.
- BKEX and you agree:
(1) the Cloud Mining Service you purchased is the hashrate of the agreed unit provided by BKEX within a certain period. In the process of mining and operation of Cloud Mining Service, you do not need to bear the electricity fee, network fee, operation and maintenance fee generated by the operation of the "hashrate" you purchased;
(2) for the Cloud Mining Service you purchased in BKEX, if you need transfer service of Cloud Mining Service and entrusted management service of Cloud Mining Service, an agreement will be signed separately.
Article III Your Statement and Commitment
- You have a full understanding of the risks, outputs and benefits of purchasing Cloud Mining Service. You voluntarily bear the purchase fees of BKEX Cloud Mining Service and the technical service fees generated by running Cloud Mining Service after purchasing Cloud Mining Service.
- You commit not to violate any content (information) of laws and regulations in China, not to disseminate any information that infringes the legitimate rights and interests of others or any other information or content that is harmful to social order, public security and public morality.
- You shall voluntarily assume any economic, political, legal and other responsibilities that may arise from the purchase of Cloud Mining Service and its output. You agree that, if there is any of the aforementioned responsibilities, it has nothing to do with BKEX. Except for the contents of this Agreement, BKEX shall not bear any responsibility or obligation to you or to a third party.
- You shall be responsible for the integrity and confidentiality of the data of the output of Cloud Mining Service purchased by you, which are stored on the BKEX blockchain server; you shall make regular local backup for the key data stored on the BKEX blockchain server. BKEX blockchain is not responsible for account leakage, data loss, damage and loss of expected earnings caused by your own reasons.
- You acknowledge that any materials, software, data and other information provided to you by BKEX and all rights related to the information belong to BKEX platform. You have no right to copy, distribute, transfer, permit or provide these resources to others for purchase. Otherwise, BKEX may ask you to stop the aforementioned actions immediately and ask you to bear all losses suffered by BKEX.
Article IV BKEX’s Rights and Obligations
- BKEX will do its best to ensure the security of the data and materials stored in the BKEX blockchain server. Without your consent or requests of the competent authorities, BKEX will not disclose these data and materials to any third party.
- If you voluntarily transfer Cloud Mining Service, BKEX platform will provide you with the service of transferring Cloud Mining Service between you and BKEX users.
- BKEX has the right to charge relevant fees according to the Agreement.
Article V Limitation of Liability
- Since the Cloud Mining Service you purchased has the special attributes of computer and Internet, you also agree that the events caused by factors such as "hacker", "virus" and technology of telecommunication sector do not constitute the default of BKEX, the seller of Cloud Mining Service.
- In the performance of this Agreement, BKEX shall not be liable for any loss caused to you or any other third party due to the problems of a third party (including but not limited to: the problem of blockchain, the termination of projects, and the fork of projects).
- In case of any loss caused to you due to the fault of BKEX platform, the maximum compensation limit of BKEX shall not exceed the total amount you have paid to the seller of Cloud Mining Service.
- BKEX will not be liable for the loss of value caused by your transfer of Cloud Mining Service. You should be aware that the output of Cloud Mining Service is uncertain, and BKEX will not guarantee the output of Cloud Mining Service or its value, and will not bear any responsibility.
Article VI Force Majeure
- If either party is unable to perform this Agreement in whole or in part due to force majeure or needs to delay the performance of this Agreement, it shall notify the other party of the event in written or electronic form within 20 days from the date of force majeure.
- The party suffering from force majeure shall take all necessary measures to reduce the loss and resume the performance of this Agreement immediately after the event is eliminated, unless such performance is impossible or unnecessary.
- "Force majeure" as mentioned in this Agreement refers to unforeseeable, unavoidable or insurmountable objective events, including but not limited to: natural disasters (such as flood, fire, explosion, lightning, earthquake and storm), social events (such as war, turmoil, government control, sudden changes in national policies and laws, strikes, hacker or computer virus attacks, technical adjustment of telecommunication sector, etc.).
Article VII Confidential Clauses
Either party shall keep confidential the other party's trade secrets or other technology, business and other information obtained in any way during the performance of this Agreement, and shall not disclose to any other third party.
Article VIII Dissolution, Termination and Liability for Breach of this Agreement
- This Agreement may be dissolved by consensus of the parties to the contract or terminated in accordance with the provisions of laws and regulations.
- In case that one party fails to perform or seriously violates the obligations stipulated in this Agreement, which causes that this Agreement cannot be performed or is unnecessary to continue to perform, the non-breaching party shall have the right to claim from the breaching party and terminate this Agreement unilaterally.
Article IX Dispute Resolution
- In case of any dispute arising from the performance of this Agreement, both parties shall try to solve it through friendly negotiation. If no settlement can be reached within 30 days after the start of negotiation, either party shall file a lawsuit to the People’s Court with jurisdiction.
- In the process of dispute resolution, in addition to the matters in dispute, both parties may continue to exercise or assume their respective rights and obligations under this Agreement.
Article X Interpretation, Application of Law, Effective Conditions and Others of this Agreement
- This Agreement shall take effect immediately after you tick "I have read and agree".
- The dissolution or termination of this Agreement or the invalidity of relevant provisions shall not affect the validity of Explanations, Confidential Clause, Liability for Breach of this Agreement, Application of Law and Dispute Resolution of this Agreement.
- The conclusion, validity, explanations, performance and dispute resolution of this Agreement shall be governed by the laws of China.
- In case of any change in the Chinese law on which this Agreement is based, the relevant contents of this Agreement shall also be changed; in case of any significant change in the objective circumstances on which this Agreement is based, which makes this Agreement impossible for performance, the relevant contents of this Agreement may be changed or the performance of this Agreement may be terminated with the consent of all parties through consultation.
- For matters not specified in this Agreement, each party may sign a supplementary Agreement for further Agreement with the other party.