issued by Braiins Systems s.r.o.
("General Terms and Conditions")
These General Terms and Conditions govern in particular users (miners) rights and obligations in relation to the provision of computing power (mining) on the Braiins Pool platform designated for joint cryptocurrency mining.
By the registration of a new user account as well as by any subsequent provision of computing power, the User agrees with these General Terms and Conditions as well as with any subsequent terms and conditions to which these General Terms and Conditions refer, and undertakes to adhere to all of these terms and conditions of use of the Braiins Pool platform.
If the User does not agree with any of the terms and conditions above, they are not allowed to any use of the Braiins Pool, which they acknowledge, and in such case, they undertake to delete their user account immediately and leave the Braiins Pool website.
The User acknowledges that these General Terms and Conditions and any subsequent terms and conditions issued by the operator of the Braiins Pool platform may be unilaterally modified or amended by the operator at any time and that the operator shall always notify the User of such modification in advance.
1. DEFINITIONS
1.1. "Braiins Pool" or "Pool" stands for the cryptocurrencies mining platform called "Braiins Pool", in which the computing power of individual miners is accumulated.
1.2. "Operator" stands for the commercial company Braiins Systems s.r.o., with its registered office at Kundratka 2359/17a, Libeň, 180 00, Prague 8, IČO 241 47 931, registered in commercial register kept by the Municipal Court in Prague, section C, insert 183056, which secures the operation and further development of the Braiins Pool.
1.3. "User" or "Miner" stands for legal entities or individuals, who provide their computing power to the Braiins Pool platform.
1.4. "Terms of Use" stands for these General Terms and Conditions and any other terms and conditions of use of the Braiins Pool platform, as published on the website.
1.5. "Website" stands for the website and interface https://pool.braiins.com, through which the platform Braiins Pool is available and where the Terms of Use are published.
1.6. "user account" stands for User‘s personal access to the Braiins Pool platform, where the User among other things lists his email address and address of his wallet to receive a remuneration pursuant to these General Terms and Conditions.
1.7. "virtual currency" stands for an expression of value in digital form, which is not issued by the central bank and which may under certain circumstances be used as an alternative to money.
1.8. "cryptocurrency" stands for a typically decentralized virtual currency that uses cryptography to chain digital signatures of individual transactions; an example is Bitcoin cryptocurrency.
1.9. "mining" stands for a process, in which miners perform mathematical operations to verify and add the transactions in a form of so called blocks to the public ledger (blockchain) of the cryptocurrency, for which they are rewarded with a certain amount of prospective cryptocurrency and certain amount of transaction fees.
1.10. "transaction fees" stands for fees for verification and addition of transactions to the cryptocurrency blockchain, and therefore it can be in every single verified transaction perceived as a difference between the amount of cryptocurrency sent by the sender and the cryptocurrency received by the recipient.
1.11. "wallet" stands for an external virtual wallet, in which any individual user can manage their bought or otherwise obtained virtual cryptocurrencies and secure them against the access of third parties.
1.12. "hashrate" stands for a unit of computing power of the mining hardware.
1.13. "Contract" stands for the contract on provision of the computing power (that is performing of the computing operations), concluded between the Operator and the User at the moment of setting up the user account for the duration of the user account, under which the User undertakes to provide the computing power for the cryptocurrencies mining and which is governed by these General Terms and Conditions, unless otherwise agreed between the User and the Operator.
2. USER‘S REPRESENTATIONS
2.1. The User hereby represents that he is a person, whose legal capacity has not been limited to the extent that would prevent them from undertaking the obligations assumed by these General Terms and Conditions.
2.2. The User hereby further represents that they have not previously been a user of the Braiins Pool, whose user account the Pool operator deleted, unless the user account was deleted on a request of the User or due to inactivity of the User.
2.3. If the User is a legal entity it represents that it is duly established and existing in accordance with the law that governs their establishment and existence, respectively, and the person acting on behalf of the legal entity hereby further represents that it is authorized to act on behalf of the legal entity and to undertake obligations pursuant to these General Terms and Conditions.
2.4. The User represents, that all of the information given to the Operator or other persons providing operation of Pool are true and complete, while in case they were not, or if the User omitted to give certain information to the Operator, the Operator is not responsible for any damage or harm, which may occur to the User as a consequence of this behavior.
2.5.The User hereby acknowledges, that they are responsible for obtaining necessary information about tax or similar obligations arising in relation to the provision of computing power (mining) on the Braiins Pool platform. The User hereby further acknowledges that the Operator is responsible neither for obtaining the above-mentioned information nor for fulfillment of such tax (or similar) obligations.
2.6.The User finally represents, that his activities carried out pursuant to these General Terms and Conditions comply with the laws of the countries, where the User is located or to which they must comply for other reasons.
2.7. The User undertakes to create the user account on the website in order to provide the computing power (mining) to the Operator and further undertakes to select and configure its software and hardware, to mine and to carry out any other related activities for the duration of the Contract, in accordance with the rules and conditions set out in the Terms of Usage that include instructions and procedures of the Operator published on the website (in particular in the section accessible via hyperlink https://help.braiins.com. as of the date when these General Terms and Conditions come into force).
2.8. The User undertakes in particular not to abuse any of the Braiins Pool mining mechanisms, processes set up by the Operator for this purpose, mistakes, bugs or imperfections in programming or errors in the respective cryptocurrency network to advantage or disadvantage some Users in the Pool mining, or to disrupt the operation or the availability of the Pool. The term "abuse" includes but is not limited to any attempted hacking or other factual offensive attack, such as withholding attack, botnet attack etc. Any hacking or other factual offensive attack against the Users and third persons is also considered to be abusive within the meaning of this Article, if its purpose is to advantage or disadvantage any of the Users in the Pool mining or to disrupt the operation or availability of the Pool.
3. USER‘S PERSONAL DATA
3.1. The Operator represents that the collection of User‘s personal data shall be limited as much as possible.
3.2. Any collection, storage and handling of the User‘s personal data collected by the Operator due to the Pool activities, in particular personal data specified by the User upon a creation of their user account, shall be governed by separate set of terms on handling the personal data of Users, which will be published by the Operator on the website of the Pool (Privacy policy).
4. MINING
Computing power provision
4.1. The Operator declares that it provides the operation of the Pool and is therefore the User´s partner in solving all issues, legal and factual, which may occur during the operation of the Pool, and the User acknowledges it.
4.2. During the existence of their user account the User is entitled to provide computing power to the Pool, that is to the Operator, by using their hardware to perform processing operations sent to them by the Operator for the purpose of cryptocurrency mining.
4.3. The Operator undertakes to exploit the provided and received computing power, that is a service provided by the User, for the cryptocurrencies mining. The User acknowledges that the mining itself may not be always performed by the Operator in its own name and on his own account and agrees that it may be performed by third parties different from the Operator, possibly on their own account pursuant to the terms and conditions agreed between the Operator and this third parties.
4.4. The Operator is entitled not to accept the computing power offered by the User (that is to refuse it) without having to give a reason, either temporarily in regard to all Users (for example due to technical problems of the Pool) or merely from certain Users (for example due to the user account suspension etc.)
Remuneration for the computing power (for the processing operations)
4.5. The User is entitled to a remuneration from the Operator for performed processing operations, that is for providing the computing power, depending on the actual amount of mined cryptocurrency and so called scoring hashrate at the time of extraction of a cryptocurrency block that is valid and that is subsequently accepted to the cryptocurrency network.
4.6. In case of so called fork, that is in case the mined block is not accepted to the main blockchain of cryptocurrency (so called orphaned block), Users are not entitled to any remuneration or reimbursement of any costs incurred in relation to mining the particular block.
4.7. In case of so called hard fork, the is in case the cryptocurrency blockchain is divided into two chains to create new cryptocurrency, the User is not entitled to any so-called forked coins of the new cryptocurrency.
4.8. The Operator confirms the remuneration amount to the User via their user account within a reasonable time period after each block is mined pursuant to the rules for confirmation and payment of the remuneration published in advance on the Pool website (hereinafter referred to only as the "Remuneration Terms" and "confirmed remuneration"). If circumstances arise that temporarily prevent the Operator from the remuneration confirmation, the Operator shall confirm the remuneration to the User within a reasonable time period after such circumstances disappear.
4.9. The User may subsequently any time after reaching the minimum amount of confirmed remuneration (published on the website in the Remuneration Terms), request the Operator to pay the confirmed remuneration or they may set up within their user account automatic remuneration payments, so that payment of confirmed remuneration occurs automatically when the total amount reaches a certain value.
4.10.The remuneration is paid in a cryptocurrency, mining of which gave a rise to the remuneration claim, unless stated otherwise in case of a particular cryptocurrency.
4.11. The User´s claim to the unpaid confirmed remuneration for the computing power provision arises in fifteen (15) days after the request pursuant to the Article 4.9 of these General Terms and Conditions is received.
4.12. The User agrees, that if a third person different from the Operator was mining the cryptocurrency using User´s computing power, that person itself is entitled (but not obliged) to pay the confirmed remuneration to the User from the mined resources and the User undertakes to accept the remuneration from that third person. In such case the User is not entitled to the payment of the remuneration from the Operator and the claim to the unpaid confirmed remuneration against the Operator does not arise.
4.13. Unless otherwise agreed, the confirmed remuneration is always paid to the address of the User´s wallet listed in their user account.
4.14. The remuneration is considered as duly paid at the moment of sending it to the address of the User´s wallet listed in the user account.
4.15. All the provided computing power (mining) and the unpaid confirmed remuneration is recorded within the user account. In case of deletion of the user account the User waives all of their claims (in particular for the remuneration payment) against the Operator and as the case may be against any other third party operating the Pool. The unpaid confirmed remuneration shall be no longer paid after the deletion of the user account and from that moment on it is considered a contribution to the Pool operation.
4.16. The computing power provided by the User can be used for so called merged mining, when the computing power is used besides mining of primary cryptocurrency in addition also for the mining of other secondary cryptocurrencies. In such case the User is entitled to the remuneration for the mining of primary cryptocurrency pursuant to these General Terms and Conditions and furthermore may be also entitled to an additional remuneration for the mining of secondary cryptocurrencies according to the Remuneration Terms. If the User is entitled to the remuneration for the mining of the secondary cryptocurrencies, the Remuneration Terms shall be used accordingly, unless stated otherwise here or in the Remuneration Terms.
4.17. The User acknowledges, that the result of the mining is dependent mainly on luck, the result of the mining cannot be foreseen and the amount of the User´s remuneration is therefore variable, there may even be no remuneration at all under some circumstances, and the remuneration is in no case fully or partially guaranteed by the Operator.
4.18. The Operator furthermore declares, that the specific calculation mechanism of the remuneration attributable to the individual miners shall be published in advance on the website (Remuneration Terms). In case of any modification of the calculation mechanism, such modification shall be also always published in advance on the website.
4.19. The User acknowledges, that neither the Braiins Pool platform, nor the user account is an electronic wallet intended to store the User´s cryptocurrencies.
4.20. In this regard the User further acknowledges, that although the Operator constantly attempts to improve the security of the Pool against hacking and other similar attacks, these attacks regularly occur and possible successful attack may lead to the loss of certain amount (or even all) of mined cryptocurrency means gathered in the Pool wallet, which will be irreversible. In such case neither the Operator nor any other person responsible for the operation of Pool shall be held liable to the User for the loss or theft of these means or for the related inability to pay the full remuneration pursuant to this Article 4 of General Terms and Conditions or for a reduction of such remuneration.
4.21. The User undertakes to minimize the risk themselves by requesting regular payments of the confirmed remuneration to the address of his wallet and they shall provide any cooperation necessary therefor. At the same time the User undertakes to keep in secret their user account access information.
4.22. Finally, the User is responsible for providing the correct payment information (in particular the correct address of their wallet) within their user account. In this respect the User acknowledges, that once sent, the remuneration payment is irreversible and cannot be repeated, even if it was sent to an incorrect address of the User. The Operator is not liable for any damage incurred by the User by sending the remuneration to the address of a wallet the owner of which refuses to pass the remuneration to the User or to which the User has no longer access.
4.23. Transaction fees are always paid by the person, who pays the confirmed remuneration, according to the remuneration value and Remuneration Terms published on the website. In case the transaction fees are fully or partially accountable to the User pursuant to the Remuneration Terms, the paid remuneration shall be reduced accordingly.
4.24. The Operator reserves a right to penalize any breach of these General Terms and Conditions by the User, which did or could advantage or disadvantage any Pool user in mining on the Pool (in particular in the remuneration determination) or which could influence the operation or availability of the Pool, by a penalty up to the amount of the remuneration that the User would have been otherwise entitled to according to these General Terms and Conditions and Remuneration Terms. In such case the Operator shall not confirm the respective part of the remuneration to the User and/or shall nullify the prospective part of the confirmed remuneration and delete it from the records within the user account and/or may claim a refund of the remuneration that has already been paid. This is without prejudice to any claim against the User for damages in excess to the penalty claimed hereunder. This is also without prejudice to the Operator‘s right to proceed at the same time in accordance with the Article 5.5 and following of these General Terms and Conditions.
4.25. Any remuneration claims and related complaints of the Users shall be always made against and settled by the Operator.
5. POOL OPERATION
Pool Availability
5.1. The Operator endeavors to provide continuous uninterrupted Pool operation, so the User can provide the computing power (mine) any time. However, the User acknowledges that due to the maintenance, repairs or exceptional outages the Operator does not guarantee absolutely uninterrupted (100 %) availability of the Pool.
5.2. If the Pool is unavailable due to a planned temporary maintenance shutdown, the Operator shall inform the User thereof via website or in any other suitable way, if possible.
5.3. Neither the Operator nor any other person providing the operation of the Pool are liable for any damage incurred by the User as a consequence of planned or unplanned shutdown or outage of the Pool.
5.4. The User is solely responsible for setting up its hardware in a way that allows the hardware to reconnect to the Pool automatically when the Pool becomes available after the shutdown or outage.
User account
5.5. The Operator reserves the right to suspend an access of the User to the user account, that is to the Pool, and thus effectively suspend the provision of computing power from the User for suspicion of the botnets use or for other breach of these General Terms and Conditions.
5.6. In such case the Operator shall investigate the User´s activity and consequently shall either delete the user account permanently or activate it again. In case of user account deletion the Operator shall pay unpaid confirmed remuneration recorded on the user account to the address of the User´s wallet listed therein. If no address is listed in the user account, the Operator shall before the deletion of the user account send the User an email request for specifying the wallet address. If the User fails to do so within thirty (30) days after the date of sending the request according to the previous sentence, all the unpaid confirmed reward recorded on the User´s account is considered as a contribution to operation of the Pool.
5.7. Multiple user accounts controlled by a single person may be considered a botnet and access to these accounts may be therefore also suspended. In such case an investigation will start according to above mentioned provisions of these General Terms and Conditions.
5.8. Inactive user accounts may be deleted by the Operator after three previous email warnings made thirty (30), ten (10) and one (1) day prior the deletion.
5.9. The user account is considered inactive within the meaning of Article 5.8 of these General Terms and Conditions, if the User has not logged into their user account via website for more than one year (twelve consecutive months) while for the same time there was no record of computing power provision (mining) on the user account.
5.10. After deletion of the account due to inactivity the User loses a right to claim a payment of any unpaid confirmed remuneration recorded on the user account.
5.11. The User can also delete the user account via option within the interface of the user account. After confirmation of the user account deletion the User loses the right to claim a payment of any unpaid confirmed remuneration recorded on the user account.
Liability for the Pool operation
5.12. The User hereby waives to the fullest extent permitted by applicable law the right to claim damages incurred in relation to computing power provision (services provision) as well as damages incurred in relation to any other Pool activity or in relation to information published on the Pool website and also any other related damages, in particular the damages (loss of earnings) incurred as a result of non-fulfillment of User‘s expectations regarding the amount of remuneration for the provided services, a complete failure to provide a remuneration, damages to software or hardware of the User and also damages incurred in relation to any loss of data on the hardware and software components of the User.
5.13. The User acknowledges, that the mining process is very demanding on the computing power of the hardware, which can cause an increase in electricity consumption and accelerate a wear on some of the hardware components. The Operator is not liable for any such costs, wear and tear or damages incurred thereby.
5.14. The User acknowledges that they are solely responsible for setting up their hardware device used for providing the computing power for the Pool mining, as well as for any possible damage of its hardware components, that may result from incorrect or incomplete settings.
5.15. If a third-party software is used to perform the computing operations (mining), the Operator is not liable for any collection of User‘s personal data by this third party, for any functionality of such software or for its direct or indirect effects on the User´s hardware components.
6. CRYPTOCURRENCIES
6.1. The Braiins Pool platform is designed primarily to mine the Bitcoin cryptocurrency.
6.2. The Operator seeks to facilitate also mining of other cryptocurrencies in the future (if it does not allow it already in a case of certain cryptocurrencies), if the technical conditions and the state of the Pool development so allows.
6.3. In a case that other cryptocurrencies than Bitcoin shall be mined by the Pool, these General Terms and Conditions and all the related terms (Terms of Use) shall apply accordingly to their full extent and the User acknowledges it.
7. USER AS A CONSUMER
The provisions of this Article 7 of the General Terms and Conditions apply only to the User, who is a consumer within the meaning of Section 419 of the Act No. 89/2012 Sb., The Civil Code.
Withdrawal from the Contract
7.1. In accordance with the provisions of Section 1829 of the Act No. 89/2012 Sb., the Civil Code, the User, who is a consumer within the meaning of the Civil Code, is entitled to withdraw from the Contract with the Operator within fourteen (14) days from the day of the Contract conclusion. The withdrawal must be sent to the Operator within the above-mentioned period, otherwise it is not valid.
7.2. The User may withdraw from the Contract by deleting their user account using the procedure set forth in the Article 5.11 of these General Terms and Conditions, if they do so no later than in the period set forth in the Article 7.1 of these General Terms and Conditions and at the same time no later than before they start providing the computing power pursuant to the Article 7.7 of these General Terms and Conditions.
7.3. By deleting the user account after the deadline set forth in the Article 7.2. of these General Terms and Conditions, the Contract is still terminated, but it is not considered a withdrawal from the Contract within the meaning of the Civil Code provisions on the withdrawal from contracts.
7.4. The withdrawal pursuant to this Article 7 of these General Terms and Conditions comes into effect at the moment the user account is deleted. The Operator will confirm the user account deletion without undue delay via email sent to the User´s email address.
7.5. Considering the subject of the Contract is the provision of services to the Operator by the User, the User and the Operator hereby agreed that the provision of services shall be commenced as soon as the User provides the computing power and the Operator accepts it for the first time. The User hereby expressly agrees therewith.
7.6. Considering the Article 7.5 of these General Terms and Conditions the User – consumer is not entitled to withdraw from this Contract after the computing power has already been provided (after the mining has begun) to the Operator.
8. FINAL PROVISIONS
8.1. The Operator´s contact details the User shall use in case of any notification made hereunder are as follows – email address of the Operator: [email protected]
8.2. Any email notifications made hereunder shall be deemed to have been delivered to the Operator at the time the Operator confirms the delivery or the tenth (10.) day after it has been delivered to the email address of the Operator above, whichever occurs earlier.
8.3. Any notices and announcements made hereunder or any other messages addressed to the User shall be sent by the Operator to the email address of the User specified in the user account, or made available to the User upon login into the user account.
8.4. The provisions of these General Terms and Conditions as well as all the related rules (Terms of Use) including the 8.6. Remuneration Terms, may be amended by the Operator unilateral anytime. The User shall be always notified (in prior) of the amendments and in case of disagreement with any amendment the User shall be allowed to terminate the Contract with the . Operator and delete his user account pursuant to the Article 5.11 of these General Terms and Conditions. If the User does not terminate the Contract at the latest on the first logging into the user account after they have been notified about the amendments and they continue providing the computing power, the amended rules shall be considered accepted by them. Any amendments are always effective upon posting on the Pool website.
8.5. The User agrees to any future change of the Braiins Pool platform Operator. In case of such change the User shall be always notified.
8.6. If the User continues to use the user account and to provide the computing power (to mine) after the notification of changes pursuant to the Article 8.4 or Article 8.5 of these General Terms and Conditions, it is considered an acceptance of such changes.
8.7. The Operator may at any time without prior notice permanently or temporarily terminate the operation of the Braiins Pool platform. In such case the unpaid confirmed remuneration recorded on the user account shall be sent to the wallet specified therein. If there is not any wallet listed in the user account, the Operator shall proceed accordingly pursuant to the Article 5.6 of these General Terms and Conditions.
8.8. All the disputes arising out of and/or in connection with the Contract and these General Terms and Conditions shall be finally decided with the Arbitration Court by the Czech Chamber of Commerce and by the Agrarian Chamber of the Czech Republic according to its rules by three (3) arbitrators.
8.9. If and only if the arbitration clause in the Article 8.8 of these General Terms and Conditions was found invalid or ineffective in a particular circumstances, the User and the Operator agree that all the disputes arising out of and/or in connection with the Contract and these General Terms and Conditions shall be finally decided before the courts of the Czech Republic, in particular before the District court for Prague 8 and (in case when the regional court decides as a first instance court) before the Municipal Court in Prague.
8.10. These General Terms and Conditions, the Contract and any connected Pool activities are governed by the law of the Czech Republic.
8.11. If any provision of the Contract, these General Terms and Conditions or other Terms of Use shall become invalid or unenforceable, it shall not affect the validity or enforceability of other provisions, unless it is implied that the invalid or unenforceable provision is inseparable from other provisions.
8.12. The Operator is not obliged to provide the User with any consideration according to these General Terms and Conditions and/or to provide the Pool availability and operation, if temporarily or permanently prevented by vis maior - event or circumstance that is extraordinary, unforeseeable and unpreventable by usual means and with proper care, and that occurred independently of the Operator´s will; such vis maior event is, among other things, a serious hacking attack, such as so called withholding attack, when the User sends back to the Operator only partial results of processed operations, but not the found blocks.
8.13. These General Terms and Conditions including documents anticipated and referred to thereby (Terms of Use) constitute a complete definition of rights and obligations between the User and the Operator and supersede any previous agreements or provisions on the same subject.
8.14. The User acknowledges that by conclusion of the Contract and by subsequent computing power provision it enters into a legal relationship with the Operator, who acts in its own name and on its own account and who is solely responsible for settlement of any and all of the User´s claims related to the Pool and its operation, even if the mining or other activities related to the Pool operation have been provided in part or fully by a third party different from the Operator.
8.15. These General Terms and Conditions and all the subsequent documents are translated into multiple language versions. In case of any discrepancies between the individual language versions the Czech language version shall always prevail.
8.16. These General Terms and Conditions come into effect on the date of their publication on the website of Pool.