WinMiner Terms of Service (effective December 31st, 2018)
1. Introduction
1.1 Speedbit Limited (“Company“, “we“, “our” “us”) is incorporated under the laws of Israel, and provides a leasing service (“Leasing Service”) through the WinMiner software platform and website (“Site“) and software (“Software“) which aims at rewarding owners of computers and processing power systems (“Computer Owner(s)”, or “you“) for leasing their unused computing power to Company, which matches computing power tasks starting with mining of crypto coins which may evolve to include other tasks assigned by third parties (“Task”) and the payouts to such Computer Owners, and pays a leasing revenue share to each such Computer Owner (“Leasing Revenue Share“).
1.2 Please ensure that you read carefully and understand these Terms of Service (“Terms“) before you start to use the Leasing Services and/or the Site. The Terms contain important information about the legal agreement between us, and provide information about what other documents form part of our relationship with you.
1.3 Please note that these Terms of Service constitute a legally binding agreement between you and us. By registering with us and/or by using the Leasing Service you agree to be bound by the Terms. The Terms will govern your use of the Leasing Service and Site. If you do not agree to any of the provisions of the Terms set out herein you should immediately stop using the Leasing Service and the Site.
1.4 In addition to the Terms of Service, you should also read our Privacy Policy carefully, which sets out how we collect and use your personal information.
1.5 We may amend these Terms at any time and from time to time by posting the amended Terms on our Site. The amended Terms will take effect and become part of these Terms fifteen (15) days after they are initially published on the Site. By continuing to use the Leasing Service, or the Site, following such amendments, you agree to be bound by such amended Terms.
2. Tasks; Leasing Service
2.1 The Company runs each Task on its own computing farm, testing its requirements and payout, before running it on the Computer Owners’ systems. The list of Tasks used by Company is detailed in the settings section of the Company’s software. The Company does not take any responsibility for the third party software components that perform the Tasks; however, it does NOT install any such third party software required to perform Tasks that were found by Company during the testing stage to act maliciously.
2.2 Pursuant to these Terms, the Computer Owner will receive the Leasing Revenue Share for using the Leasing Service based on the output that was generated by the Tasks performed on his/her computer. The Leasing Revenue Share will be paid to you in one of the different payments means made available by us, including, USD, ETH, BTC, AION, the WinMiner token, as per your request to Company.
2.3 The Leasing Service is provided “as is” without any warranties or any liability, and is subject to these terms and conditions and the terms of use of each Task software components.
2.4 By using the Leasing Service you agree to the Terms and to the terms of use of each Task.
2.5 The Company may choose to terminate and discontinue the Leasing Service for you or in general, at any time, in its sole discretion.
3. Your Use of the Leasing Service
3.1 You must be at least eighteen (18) years of age in order to use the Leasing Service and by using the Leasing Service you confirm that you comply with this requirement.
3.2 You agree to provide Company with full and accurate information including but not limited to, personal, payment, and system information as may be required by Company (collectively, “Account Information”).
3.3 If any information provided by you, at any time, is untrue, inaccurate, not current or incomplete, Company has the right to terminate your use of the Leasing Service and to not make any accrued, current or future payments to you pursuant to or in connection with the Leasing Service. You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees and telephone/connectivity charges associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web. By using the Leasing Service, you agree that use of the Leasing Service is entirely at your own risk.
3.4 By agreeing to these Terms, you are stating that you have the necessary authority over the resources you are committing to the Leasing Service. Committing resources without the necessary authority over them may result in discontinuation of your use of the Leasing Service, in addition to any additional remedy available by law.
3.5 By agreeing to these Terms, you acknowledge that you are receiving a Leasing Service from the Company, and the Company does not provide you with, nor are you entitled to, any type of mining service whatsoever.
3.6 Company reserves the right to withhold or cancel any and all Leasing Revenue Share payments hereunder if there is evidence or suspicion of fraud, material misstatements or omissions in any application, or if there is insufficient or incorrect information which makes it commercially impracticable to complete the Leasing Revenue Share payment transaction, or for any other reason which at our sole discretion deem significant enough to warrant such a cancellation of the Leasing Revenue Share payment.
3.7 Company reserves the right to cancel any Leasing Revenue Share payments and/or deactivate accounts that are discovered to be false, inaccurate or fraudulent in any way, or which are based on or include false, inaccurate or fraudulent Account Information. By furnishing Account Information to Company, you expressly authorize Company (and its agents) to use such Account Information in accordance with Company’s applicable policies.
3.8 Non-Active Accounts
- 3.8.1 “Non-Active Accounts” are accounts which have not used the Leasing Service for six (6) consecutive months.
- 3.8.2 Company reserves the right to charge a monthly maintenance fee for Non-Active Accounts equivalent to US$1 per month, out of the account balance, for as long as the account maintains a positive balance.
- 3.8.3 In the event any Non-Active Account is dormant for twelve (12) consecutive months, Company may choose in its sole discretion either to: (i) close such Non-Active Account and any remaining Leasing Share Revenue amounts shall be forfeited; and/or (ii) purchase WinMiner tokens with part, or all of, the remaining Leasing Share Revenue account balance.
3.9 You expressly represent and warrant to Company (and its agents) that you have the right to provide all such Account Information to Company. In addition, you acknowledge and agree that Company may terminate your use of the Leasing Service without prior notice if you engage in any conduct or activities that Company at its sole discretion believes violate any of these Terms, violates the rights of Company in any way whatsoever, or is otherwise inappropriate for continued use of the Leasing Service. In such event, you further acknowledge and agree that Company may terminate any and all accrued, current and future Leasing Revenue Share payment obligations to you in connection with the Leasing Service.
4. Intellectual Property Rights
4.1 The Company is the owner and/or authorized user of any trademark, registered trademark and/or service mark associated with the Leasing Service, Site, and Software, and is the copyright owner or licensee of the content and/or information associated with the Leasing Service, Site and Software. The Company does not hereby grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property.
4.2 The Leasing Service, Software, and Site, contains copyrighted material, trade secrets and proprietary material. You shall not modify, reverse engineer, disassemble or decompile the Leasing Service, Software, or Site, and/or any of either of their features in any way whatsoever.
5. Compliance; Indemnity; Taxes
5.1 You shall use the Leasing Service and Site in compliance with all applicable laws and not for any unlawful purpose. You agree to indemnify Company for any loss claim costs and liabilities arising from your illegal or abusive use of the Leasing Service or Site.
5.2 You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, agents, successor and assigns from and against any suits losses, claims, demands, liabilities, costs and expenses, including reasonable attorneys’ fees, that they may sustain or incur as a result of any claim against them based upon negligence, breach of warranty, strict liability in tort, contract or any other theory of law, brought by you or by other third parties arising out of, directly or indirectly, by your use of the Leasing Service or Site or by reason of your failure to perform your obligations described in these Terms.
5.3 It is your responsibility to pay any applicable taxes due under the law from your receipt of the Leasing Revenue Share generated by your use of the Leasing Service. In case applicable laws require withholding of any amounts due to you, Company may withhold such amounts, until and unless you provide an adequate certificate of exception from such withholding taxes.
6. Third Party Software
6.1 Task comes in the form of third party software and technology. The Leasing Service will determine, from time to time, which third party software (“Third Party Software”) is adequate and will automatically download and install it on your machine. Third Party Software is provided by third parties unrelated to the Company. We choose such Third Party Software by examining their reputation and conduct, including running tests on our computer farms before they are made available to you.
6.2 All Third Party Software is made available “as is” without warranty of any kind, either expressed or implied, and is to be used at your own discretion and risk. We do not take any responsibility or make any warranty for their operation and quality. If this is a source of concern for you as a Computer Owner then we urge you not to use the Leasing Service, Software, or the Site.
7. Limitation of Liability
7.1 The Company will not have nor assume any responsibility for any damage to your computer system or loss of data that results from the use of the Leasing Service, Site, Software, or Third Party Software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Third Party Software linked to the Leasing Service or Site, and we will not be liable for any damages that you may suffer in connection with downloading, installing and using such Third Party Software. No advice or information, whether oral or written, obtained by you from us or from this website shall create any warranty for any Third Party Software.
7.2 The Company does not warrant or guarantee that: (i) the Third Party Software will be uninterrupted, timely, secure or error-free; (ii) the results from the use of Third Party Software will be effective, accurate or reliable; (iii) the quality of the Third Party Software will meet your expectations; (iv) there will be no errors or bugs in connection with a download of Third Party Software. The Company does not assume any responsibility for errors or omissions in the Third Party Software or documentation available from any such website. For transparency and good will purposes, the WinMiner software was coded in a way that when uninstalled it also removes any Third Party Software/Task that was brought for its operation.
7.3 WinMiner Software does not contain spyware, adware or malware. The Company does not track your online activities, browsing habits, or computer usage.
7.4 THE LEASING SERVICE, SITE, SOFTWARE AND THIRD PARTY SOFTWARE ARE ALL PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE LEASING SERVICE, SOFTWARE, OR THE THIRD PARTY SOFTWARE. SPECIFICALLY, COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OF THE LEASING SERVICE OR SITE, AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER COMPANY NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE LEASING SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE LEASING SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF COMPANY, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
8. Governing Law and Jurisdiction
8.1 This Agreement and the relationship between you and us will be governed by and interpreted in accordance with the laws of Israel. If you wish to take court proceedings against us you must do so solely in the courts located in Tel-Aviv-Jaffa.
Open source code notices: List is updated on www.winminer.com/open-source
Latest update to the Terms of Service: November 28, 2018
PLEASE PRINT AND RETAIN A HARD COPY OF THESE TERMS FOR YOUR RECORDS.