Terms of Service Liquid

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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ANY


USE OF OUR SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS. BY
ACCEPTING THESE TERMS ELECTRONICALLY, ACCESSING OUR SITE,
LOGGING IN WITH YOUR DIGITAL WALLET ON THE PLATFORM, OR BY ANY
OTHER WAY OF INTERACTING WITH OUR SITE OR SERVICES, YOU AGREE
TO BE BOUND BY THESE TERMS AND ALL DOCUMENTS OR POLICIES
MENTIONED HEREINAFTER. YOU CANNOT ACCEPT THESE TERMS IN PART.
IF YOU DO NOT AGREE WITH ALL OR A PART OF THESE TERMS, YOU MUST
NOT ACCESS OUR SERVICES.

YOU MAY USE THE SERVICES ONLY IF YOU ARE 18 YEARS OR OLDER AND
CAPABLE OF FORMING A BINDING CONTRACT WITH US, AND NOT
OTHERWISE BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW.

If You have any doubts about Your rights and obligations resulting from the
acceptance of the Terms, please consult a lawyer or other legal advisor in Your
jurisdiction. If You do not agree to accept and be bound by the Terms, please do not
open an Account, and/or continue to use the Site. Your further use of the Site will
constitute Your acceptance of the Terms.

1. Disclaimer

1.1. Cryptocurrencies[AD1] are virtual currencies, digital representations


of value that are neither issued by a central bank of any state or public
authority attached to a conventional currency, but may be used by any natural
or legal persons as a means of exchange and can be transferred, stored or
traded electronically. Cryptocurrencies function in a system of consensus
network that enables a new payment system and completely digital money. As
such any operations with it are not specifically regulated by the regulator of
Cayman Islands.
1.2. The User acknowledges that operations with the virtual currency
performed by the Company are therefore neither supervised by Cayman
Islands regulatory authority, nor do they require any special permission.
2. Definitions

2.1. Terms beginning with capital letter have hereinafter defined


meaning:

Agreement means the agreement between the Company and the User on
provision of Services.

AML policy means the internal set of rules and procedures on prevention of
money laundering and financing of terrorism as mandated by the relevant law.

Authentication means verification of the identity of the User.

Company or We means the company Innovative Technology, incorporated


and acting under the laws of the Cayman Islands, situated at the offices of c/o
Stuarts Corporate Services Ltd., 69 Dr Roy’s Drive, P.O. Box 2510, Grand
Cayman KY1-1104, Cayman Islands.

Cryptocurrency means any digital currency based on distributed ledger


technology including various coins.

Force Majeure any event or circumstance, including, without limitation, any


natural, technological, technical (i.e. software errors, hardware faults, hacker
attacks and unexpected high load on the Site which can cause outage and
service unavailability) and political or governmental (which for greater
certainty includes an act of state) or similar event or circumstance, which was
not reasonably feasible to anticipate at the moment of submission of the
Order and is beyond the control of the User or the Company.

NFT means a unique digital identifier that cannot be copied, substituted, or


subdivided, that is recorded in a blockchain, and that is used to certify
authenticity and ownership.

Privacy policy means the set of rules regarding the protection of privacy and
data in compliance with the relevant law and available at the Site.

Profile means secured part of the Site created upon the registration of the
User with restricted access to particular User.

Registration means the initial registration of the User in the Site.


Services or Service means online services of purchasing hardware and
hosting it in the premises of the Company provided by the Company.

Site means web site https://liquidmining.com and corresponding


software-based application for computers, smartphones and other devices
enabling the use of the Services by a User.

Technical support means technical support provided by the Company,


relevant information is accessible at email address support@liquidmining.com
or by Site internal messaging service.

Terms and Conditions or Terms means these Terms and Conditions of the
Company, that govern the contractual relationships between the User and the
Company in respect of the provision of Services. The Terms and Conditions
form an integral part of the Agreement, where, the provisions of the
Agreement and/or subcontracts concluded under the Agreement take
precedence over the Terms and Conditions.

User or You means any natural person[AD2] , who has entered into an
Agreement with the Company, under which the Services that are listed in
these Terms and Conditions are provided.

3. The Agreement

3.1. The User enters into the Agreement upon the completion of the
Registration.
3.2. Terms and Conditions form the integral part of the Agreement and
set out detailed rights and obligations regarding the provision of the Services
by the Company and use of such Services by the User. Terms and Conditions
are applicable to each individual legal relationship concluded between the
Company and the User in connection with the agreed performance provided
by the Company to the User, and govern the rights and obligations of the
parties in their contractual relationship.
3.3. The User by signing the Agreement expresses his explicit and
unconditional consent to these Terms and at the same time, the obligation to
fulfill all his obligations stipulated by these Terms.
3.4. The Privacy policy forms the integral parts of the Agreement. The
Company is entitled to amend this document in compliance with the rules
governing amendments of the Terms specified herein.
3.5. Any references to the masculine gender shall also mean the
feminine gender.
4. Registration and the Profile

4.1. For purchasing NFTs at the Site the User is to complete the process
of registration of the Profile. The Profile is used to access the information
regarding the NFTs available to the User on the Site. The Profile thus serves
as a main communication channel between the User and the Company.
4.2. The User is allowed to use only one Profile. Only the User and no
other person is authorized to use the Profile. You shall not assign, transfer,
charge, create a trust over or otherwise deal in Your rights and/or obligations
under these Terms (or purport to do so). It is also prohibited to transfer NFTs
between the Accounts of different Users of the Site.
4.3. Process of creation of the Profile (“Registration") is performed by the
User by choosing a Username and the password.
4.4. After the Registration the User will be to connect the Site with its Tron
wallet in order to proceed.
4.5. We reserve the right to reject Your application, without reference to
You or without reason and without liability to You.
4.6. Any information made available in the Profile by the Company is
deemed to be received by the User. The User is advised to regularly access
his Profile and check delivered messages.
4.7. The Company reserves the right to delete User Profile in the
following cases:
● Use of false and incomplete information if it harms the interests of the
Company and/or third parties.
● Violation of any of the provisions of the Terms

5. KYC and DD

5.1. The User is obliged to provide all necessary cooperation and correct
information in relation to the Know Your Customer / due diligence procedure
established on the Site and required by the relevant law, in particular the AML
Act till April 1 st, 2023 or any date in the future the Company may choose at its
own discretion.
5.2. If You refuse to provide the documents required, the Company will
refund the cryptocurrency You spent to purchase the NFTs to the initial
address You sent the cryptocurrency from minus the commissions of the
miners (if any).
5.3. The Company uses third-party providers services for due diligence
procedures. The Company reserves the right to change the contractor for the
due diligence procedure without notification of the User.

6. Services[AD3]

6.1. The Company provides the User with the services to purchase a
hardware set and host it in the premises of the Company in order to build a
portfolio of coins and to participate in the real mining process by purchasing
an NFT as described in this section.
6.2. After the Registration the User can start earning Cryptocurrency
via acquisition with Cryptocurrency of a minimal set consisting of three main
elements: a video card, energy and pay an installation fee, where the video
card is responsible for calculating complex mathematical problems necessary
to generate new cryptocurrency blocks and an installation fee is necessary to
accommodate the components of the mining system.
6.3. Period of service of the NFT shall be limited to 2 (two years) and
this period begins to run on the next calendar day from the date of purchase
thereof.
6.4. There will also be “Boost mode” available to the User where the
NFT can help the User increase the hashrate, but it will reduce the period of
service specified hereinabove.
6.5. When the User builds his/her mining system, it is to choose the
solution for energy supply.
6.6. The User will be able to buy unique NFTs containing:
● GPU;
● Installation fee
● rig with six cards;
● empty rack;
● rack with four rigs;
● empty container;
● container with four racks;
● batteries with electricity.
6.7. Each of the elements above can be acquired by the User as a
separate NFT.
6.8. The User can be given a bonus as following:
● For a rig assembled with six video cards, the User has the
opportunity to activate the Boost function on their rig and receive a +10%
mH/s to the sum of 6 GPUs.
● When four units are assembled as a rack, energy consumption
is reduced by 10%.
● Assembling four assembled racks in a container reduces power
consumption by 15% compared to the previous value before assembling in a
container.
6.9. Adequate power will be provided to the User by the Company
through the large number of data centers worldwide, capable of
accommodating a vast number of installations.
6.10. Each data center is located on secure premises, equipped with
comprehensive security and fire systems. The Company also has strict
monitoring, maintenance, and disaster recovery protocols in place to ensure
that the data centers are always operating at maximum efficiency.
6.11. For security reasons the Company will freeze some functionalities,
such as:
● The ability to change the coin on the installation - if the User
changed the coin on the installation, it will only be able to do so again after
one hour;
● The ability to replace a GPU in the rig - if the User replaces
one of the GPU in the rig, the next replacement will only be available after one
hour;
● The ability to replace a rack in the shelving - if the User
replaces one of the racks in the shelving, the next replacement will only be
available after one hour;
● The ability to replace the shelving in the container - the
algorithm is fully identical to replacing a rack in the shelving.
6.12. Each NFT depending on category, selected coin, complexity of
network, halving and/or other factors will produce an outcome in number of
coins that NFT will generate during its period of service that represent Total
Coin Output ("TCO").
User agrees that it will receive 70% of the TCO, and 30% will be distributed by
Company for Bonus Program, technical support cost or costs for other
operational needs required to upkeep the software according to Company’s
policy.
6.13. It is the sole responsibility of the Company to transfer to the User with
the said coins. The Company will choose the delivery method, storage place
of the coins to be provided to the User etc. at its own discretion.
6.14. If User does not have a wallet for a particular coin, they can still start
mining it but will not receive any payout for the mined coins. The coins will be
accumulated and recorded, and after the wallet for that coin is connected and
the payout limit is reached, the coins will be sent to the wallet specified by the
User. The Company will notify the User of the soon-to-be reached payout limit
and the need to connect the wallet.

7. IP rights

7.1. The Company either owns all the intellectual property rights for all
the content available for the User on the Site, including but not limited to the
underlying HTML (or other source code), text, images, audio/video clips, or
has obtained the permission of the owner of the intellectual property to use
the specified content on this Service.
7.2. User is granted a nonexclusive, non-transferable, revocable, limited
license to access and use the Service and content in accordance with the
Terms, provided that:
● The User agrees that the Company is not liable for any losses which
may incur as a result of using this limited license;
● The User shall not modify any of the contents and use it in commercial
purposes;
● The User shall not copy, reproduce or in any other way share the
above stated content.
● The User shall not perform any actions aimed at using the above
stated content in any unreasonable way, causing any harm or
malfunctioning the Services, Site etc.

7.3. The Company reserves the right, at its sole discretion, to change,
modify, add, remove or terminate this license at any time for any reason.
7.4. Except as expressly provided in these Terms, nothing contained
herein shall be construed as conferring on User or any third party any license
or right, to intellectual property rights. Service together with the content are
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Any proprietary notice should not be removed
when using or downloading any content from the Service. The User is not
granted the right to use any branding or logos used in Services.
8. Representations and Warranties. Legal requirements.
Restrictions.

8.1. The User declares that he fully understands general principles


underpinning the Cryptocurrencies and is well aware of the Cryptocurrency
features, such as its intangible nature, its specific governance mechanism,
rapid changes in value and other risks involved in using, holding, Exchange of
or investing in the Cryptocurrency.
8.2. The User understands that all the operations with the
Cryptocurrency have irreversible character and that acquired NFT can be
returned only on the basis of additional transactions.
8.3. The User acknowledges that Site is under continuous development
and therefore occasional technical irregularities may occur and some or all of
its functionalities may be temporarily restricted or unavailable to the User. The
Company shall use its reasonable endeavors to inform the User accordingly.
The User accepts described risks associated with using the Site.
8.4. The User acknowledges that the Company is required to obtain
certain information and documents from the User and persons acting on
his/her behalf and conduct certain verifications. To this end the User shall
provide to the Company necessary information, documents and cooperation.
8.5. The User agrees that the NFT does not constitute shares or equities
or securities or financial instruments or investments in any form in any
jurisdiction.
8.6. The User warrants that all of the information given to the Company
or other persons providing operation of Service is genuine and complete,
meanwhile in case it was not, or if the User omitted to give certain information
to the Company, the Company shall not be responsible for any damages,
losses and/or harm, which may occur either to the User or to third parties as a
consequence of this behavior. The Company hereby reserves the right to
delete the User Account if false or incomplete information is provided by the
User.
8.7. The User shall be responsible for obtaining necessary information
about tax or similar obligations arising in relation to the provision of the
Service as well as for complying with the corresponding obligations. The User
hereby further acknowledges that the Company is responsible neither for
obtaining the above-mentioned information nor for fulfillment of such tax (or
similar) obligations. The Company shall not be considered as a tax agent for
the User.
8.8. The Company does not intend to enable the User to contravene
applicable law. You represent, warrant and agree to ensure that Your use of
the site services will comply with all applicable laws, statutes and regulations.
The Company shall not be responsible for any illegal or unauthorized use of
the Site services by the User.
8.9. No part of the information herein should be considered to be
business, legal, financial or tax advice regarding the Company, the NFT, the
Services. You should consult Your own legal, financial, tax or other
professional advisor regarding the matter. You should be aware that You may
be required to bear the financial risk of any purchase of NFT for an indefinite
period of time.
8.10. The User is prohibited to use the Site for unlawful purposes
including money laundering, financing of terrorism and any other activity that
is illegal under the law governing the Agreement or any law generally
applicable to the User.
8.11. The User is not allowed to:
- Copy and/or disclose any information made available to him/her
in the Site except when this function is explicitly contemplated
by the Site.
- Copy or in any other way use the Site as well as its design for
other purposes than for the use of the Services according to the
Agreement and the Terms and Conditions.
- Modify in any way the Site, its part and take any actions aimed
at modifying the functionality or operability of the Site.
8.12. Citizens from the following countries are prohibited to register at the
Site and use its Services:

Albania, Barbados, Botswana, Burkina Faso, Cambodia, Cayman Islands,


Crimea, Ghana, Iran, Jamaica, Mauritius, Morocco, Myanmar, Nicaragua,
North Korea, Pakistan, Panama, Republic of Cuba, Senegal, Sudan, Syria,
Uganda, Yemen, Venezuela, Zimbabwe.[AD4]

The Services are only available to Users in certain jurisdictions who can use
the Services as permitted under applicable law. You certify that You will
comply with all applicable laws (e.g., local, state, federal and other laws) when
using the Services. Without limiting the foregoing, by using the Services, You
represent and warrant that: (a) You are not located in a country that is subject
to a U.S. Government embargo; and (b) You are not listed on any U.S.
Government list of prohibited, sanctioned, or restricted parties. If You access
or use the Services outside the United States, You are solely responsible for
ensuring that Your access and use of the Services in such country, territory or
jurisdiction does not violate any applicable laws. You must not use any
software or networking techniques, including use of a Virtual Private Network
(VPN) to modify Your internet protocol address or otherwise circumvent or
attempt to circumvent this prohibition. We reserve the right, but have no
obligation, to monitor where our Services are accessed from. Furthermore, we
reserve the right, at any time, in our sole discretion, to block access to the
Services, in whole or in part, from any geographic location, IP addresses and
unique device identifiers or to any User who we believe is in breach of these
Terms.

If You are not sure if You are allowed to register at the Site, please contact us.

9. Exclusion of Our liability. Terms breach

9.1. The Company shall not be liable in contract, tort, negligence, or


otherwise, for any loss or damage, including but not limited to the loss of data,
profits, business, opportunities, goodwill or reputation as well as business
interruption or any losses which are not currently foreseeable by us arising
from or in any way connected with Your use, of any link contained on the Site.
9.2. You hereby agree to fully indemnify and hold harmless the
Company, its directors, employees, partners, and service providers for any
cost, expense, loss, damages, claims, liabilities and expenses, including legal
fees and any other charges whatsoever howsoever caused that may arise in
relation to Your use of the Site.
9.3. In case of breach by the User of any obligation under the Agreement
or applicable laws or in case of collusion with another User or any third person
to such purpose, the Company is entitled, at its full discretion, to restrict
access to certain functionalities of the Site, temporarily freeze the Profile,
cancel the Profile or terminate the Agreement with immediate effects.
9.4. The Company shall have the right to require compensation for any
loss or other damage caused by the breach of User´s obligations so You will
be required to fully cover any claims, liabilities, costs or expenses (including
legal fees) and any other charges that may arise as a result of a violation of
the Terms by You.
9.5. The Company shall not be held liable for any loss caused by the use
of the Site by the User, unless such loss was caused deliberately.
10. The Assignment

10.1. The Company has the right to assign its receivables under the
Agreement or assign the Agreement as such. By accepting the Agreement,
the User provides the consent on assigning of receivables and liabilities and
the Agreement to any third party.
10.2. In case of receivables and liabilities are assigned, the Company
shall make available such information to the User via the Profile.

11. The Duration and termination of the Agreement

11.1. The Agreement is entered into for an indefinite period.


11.2. Either of the Parties of the Agreement may terminate the Agreement
at any time without any reason with notification of the other Party at least 30
(thirty) calendar days prior the date of termination. The Profile is automatically
canceled upon the termination of the Agreement.
11.3. Upon the termination of the Agreement by the User, such termination
shall become effective as of the day following after the day on which the
relevant notice of the termination is delivered to the Company, unless a later
effective date is specified in the relevant notice of termination.
11.4. The Agreement may also be terminated by agreement of the Parties
hereto.
11.5. This Agreement may be terminated unilaterally by the Company in
connection with the following:
- Refusal of the User to provide information for KYC, provided for in section 5
of the Terms;
- If the User is suspected of violating AML/CFT legislation;
- If the User is a citizen of a prohibited country specified in clause 8.12 of the
Terms;
- In the case of gross violation of the Terms by the User.
11.6. If the Agreement is terminated unilaterally by the Company due to the
breach of the Terms by the User,no refund will be granted.
12. Choice of law and dispute settlement

12.1. Whereas the Company intends to enter into Agreement with Users
of various nationalities all over the world, the Agreement is governed by and is
to be construed in accordance with the laws of the Cayman Islands.
12.2. Any claims shall first be sent to the other party describing the basis
and essential feature of the claim. The Parties shall try to solve all disputes by
means of negotiation.
12.3. Any disputes (including claims for set off and counterclaims) which
may arise in connection with the creation, validity, effect, interpretation or
performance of, or the legal relationships established by the Terms or
otherwise arising in connection with the Terms, that was not resolved in the
negotiation shall be decided by the respective courts of the Cayman Islands.

13. Changes to the Terms and incorporated documents

13.1. The Company reserves the right to amend, modify, update and
change any of the Terms for a number of reasons, including commercial, legal
(to comply with new laws or regulations) or customer service without prior
notice. The most up-to-date Terms and their effective date are available on
the Site. We will notify the User of any such amendment, modification or
change by publishing the new version of the Terms on the Site. It is the
responsibility of the User to make sure that he is aware of the current terms
and conditions of the Terms and the Company advises the player to check for
updates on a regular basis. The Company reserves the right to modify the
Site, services and software and/or change the system specification
requirements necessary to access and use the Services at any time and
without prior notice.
13.2. If any change is unacceptable to You, You may either cease using
the Site, and/or close Your Profile by complying herewith. Your continued use
of any part of the Site after the date on which the Terms are stated to come
into effect will be deemed to be Your binding acceptance of the revised Terms,
including (for the avoidance of doubt) any additions, removals, substitutions or
other changes to the identity of the Company, whether or not You have had
notice of, or have read, the revised Terms.
13.3. In addition to these Terms, please review any other rules, policies
and terms and conditions relating to the products and services available on
the Site as notified to You by Us from time to time, which are incorporated into
these Terms by reference.

14. Concluding provisions

14.1. The headings in these Terms are provided for reference only and
shall not affect the interpretation or construction of any provision.
14.2. If any of the Terms specified herein are determined to be invalid,
unlawful or unenforceable to any extent, such term, condition or provision will
to that extent be severed from the remaining terms, conditions and provisions
which will continue to be valid to the fullest extent permitted by law. In such
cases, the part deemed invalid or unenforceable shall be amended in a
manner consistent with the applicable law to reflect, as closely as possible,
Our original intent.
14.3. These Terms and Conditions including documents anticipated and
referred to thereby constitute a complete definition of rights and obligations
between the User and the Company and supersedes any previous
agreements or provisions on the same subject.
14.4. These Terms and Conditions shall have the legal force on the date
of their publication on the Site.
14.5. These Terms and Conditions may be drawn up in different
languages. In case of any inconsistency the English version of the Terms shall
prevail.

Last amended on 03 March 2023[AD5]

Approved.

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