Service Agreement

4kMetalsMining Service Agreement

Thank you for choosing 4kMetalsMining website and services!

Please read through all the following terms, as together with the Privacy Policy they represent the legal agreement (the "Agreement") between you, the user ("you", "user"), and us, 4kMetalsMining Mining LP ("us", "4kMetalsMining"), which describes the ways, you can use the service and the cminvestments.ltd website (the "Website"), your rights and limitations.

Use of and access to cminvestments.ltd (the "Website") and the information, materials, services, and other content available on or through the Website (“Content”) are subject to this Agreement and all applicable laws.

Information on cminvestments.ltd is presented in multiple languages. In the event there is a discrepancy or inconsistency between the English language version and any other language version of this Service Agreement or any other materials, including, but not limited to: the 4kMetalsMining Privacy Policy and Help Center information, the English version shall prevail.

1. Notice of Agreement

By accessing and using this service, you accept and agree to be bound by the terms and the provisions of this Agreement. In addition, when using 4kMetalsMining’s services, you shall be subject to any information, guidelines or rules applicable to such services published on the Website. Any participation in this service will constitute acceptance of this Agreement. If you do not agree to abide by the above, please do not use the Website and any of its underlying services.

2. Notification of Changes

4kMetalsMining Mining LP reserves the right to change the Agreement from time to time as it sees fit and your continued use of the Website will signify your acceptance of any adjustment to this Agreement. If there are any changes to this Agreement or our Privacy Policy, we will announce that these changes have been made on the relevant Agreement page on our website. Any changes to this Agreement will be posted on our website and the latest version of this Agreement will always be the correct one. You are therefore advised to re-read this statement on a regular basis.

3. Ownership

cminvestments.ltd and its original content, features and functionality are owned by 4kMetalsMining Mining LP and are protected by international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. You agree not to reverse-engineer or in any other way reuse any of the sites or service's content and features without 4kMetalsMining’s specific written consent.

4. Mining Plans

Mining Plans are the main part of the service provided by 4kMetalsMining and can be purchased by means described below in section 10. Payment and Payment Processing Services. A Mining Plan represents an agreement between the user and 4kMetalsMining. This agreement allows the user to receive the cryptocurrency mined by the Mining Plan Hash Rate. When deciding to purchase a mining Plan you will select its algorithm, Hash Rate amount and duration. You may purchase multiple Mining Plans. The cryptocurrency is credited to the user in the form of periodic accruals (daily by default, unless otherwise stated in the specific Mining Plan). The size of the periodic accrual is directly and exclusively dependent on the operational results of the mining hardware used to capacitate the Hash Rate for Mining Plans. Once the time allocated to a Mining Plan runs out, the Mining Plan is considered completed and no further accruals can be collected on it.

Mining Plans do not constitute physical ownership of the mining hardware used to capacitate the Hash Rate for the Mining Plans. Especially since the Mining Plan can be purchased for a smaller amount of Hash Rate and the Hash Rate of a single Mining Hardware unit may be rented to several customers at the same time.

The accumulated amount of the periodic accruals (the “Net Balance”) can be used to request a transfer to the cryptocurrency wallet address registered on their account. There is a transfer fee associated with the transfer, which includes related cryptocurrency network fee, which is subject to change. The user is solely liable for maintaining and managing any required technical equipment as well as possessing any required skills to operate the software required to attain and store said funds.

Furthermore, as mentioned in section 7. Concerning Cryptocurrencies, in the event of an increase or decrease to blockchain transaction fees or instability, congestion and latency or disruption otherwise of the decentralized blockchain network, 4kMetalsMining may, at its sole discretion and upon notice to you, the customer, increase or decrease the balance transfer commission and Net Balance transfer minimum and maximum amounts. And 4kMetalsMining cannot guarantee how long the confirmation will take.

5. Liability and Responsibility

4kMetalsMining is providing a software platform which allows its users to benefit from shared mining Hash Rate via fixed-term rental agreements (the "Mining Plans"). You can select the Hash Rate type and amount at purchase.

4kMetalsMining rents Hash Rate used to facilitate the Mining Plans from its partners. The amount of Hash Rate available at any given moment in the form of Mining Plans is not unlimited, but 4kMetalsMining will endeavour to have sufficient Hash Rate in stock to always offer new Mining Plans. In case of insufficient Hash Rate, 4kMetalsMining will mark the relevant Mining Plans as "out-of-stock" until the Hash Rate becomes available.

4kMetalsMining does its best to obtain partners that comply with a list of requirements, such as the optimal and uninterrupted operation of its provided Hash Rate.

The Mining Plans provided as a core service by 4kMetalsMining represent Hash Rate of mining hardware which is operated on a best effort basis. Without detriment to this and to the extent permitted by law, 4kMetalsMining will not be liable for any loss or damages to, delays or failure of the service incurred by the user themselves or as a result of major changes and fluctuation of the cryptocurrency market or the mining difficulty, natural disasters, shortage of production material or labor, wars, strikes, acts of terrorism or any other such external events outside of 4kMetalsMining’s control.

By agreeing to these terms, you also understand that no internet and radio equipment is free of fault, hence miscommunication, delays in service, inaccuracy in the information provided and other inconveniences happening as a result of a technical outage are sometimes unavoidable. 4kMetalsMining is responsible for resolving any such issues on a best effort basis upon discovery or report.

6. Disclaimer

The content on 4kMetalsMining’s Website is for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on our Website constitutes a solicitation, recommendation, endorsement, or offer by 4kMetalsMining or any third party service provider to buy or sell any cryptocurrencies, securities or other financial instruments in this or in any other jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction.

All content on this Website is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in the Website constitutes professional and/or financial advice, nor does any information on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. 4kMetalsMining is not a fiduciary by virtue of any person’s use of or access to the Website or its content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Website before making any decisions based on such information or other Content. In exchange for using the Website, you agree not to hold 4kMetalsMining, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the Website.

7. Concerning Cryptocurrencies

By using 4kMetalsMining’s website or services you confirm that you are aware of the risks connected to cryptocurrencies and their use and will not hold 4kMetalsMining responsible for any loss, damages, inconvenience, disappointment or anything else resulting from the elements outside of 4kMetalsMining’s control and above mentioned risks including but not limited to:

• Sudden Change Risk

By using the service you confirm your understanding, that any type of Cryptocurrency Mining is highly susceptible to change and volatility due to the inherent nature of Cryptocurrencies, therefore, any revenue and profit estimations provided on the website and its subdomains from time to time are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website, and shall not be responsible or liable for any error or omissions in that information.

It is not possible for 4kMetalsMining to say exactly how much cryptocurrency can be yielded by any specific Mining Plan via periodic cryptocurrency accruals within its Duration. We can, however, make an educated estimation based on a snapshot of results over a period of time, based on our analysis and actual mining results.

• Decentralized Network Risk

Certain aspects of the cryptocurrency protocol and network such as high transaction volume and costs, instability, congestion and latency, as well as political and global decisions may result in delay or even failure to process incoming and outgoing transactions, and high Transaction Fees. You therefore warrant that you understand and agree that 4kMetalsMining is not responsible for any diminished returns, disabling or loss of features, or functionality resulting from these risks. In the event of an increase or decrease to blockchain transaction fees or instability, congestion and latency or disruption otherwise of the decentralized blockchain network, 4kMetalsMining may, at its sole discretion and upon notice to you, the customer, increase or decrease the Net Balance transfer commission and Net Balance transfer minimum and maximum amounts.

• Network Evolution Risk

You must understand and confirm your acceptance of the risks associated with blockchain development and code changes. Most cryptocurrencies are under ongoing development and are essentially works in progress. They may therefore undergo significant changes over time. Blockchain developers may make changes to features and specifications of the algorithm of the given Cryptocurrency network. Such changes may severely handicap or even fully prevent the effectiveness of Hash Rate specified in your Mining Plan or result in the elimination of support for certain Mining Plans altogether. 4kMetalsMining will at its best effort notify its Customers of any known foreseeable changes to the cryptocurrency networks, yet may not in any way control or influence the decisions or actions of the blockchain developers.

8. User Requirements

Below you can find a list of requirements, applicable to anyone intending to use the service. If one of the mentioned conditions does not apply to you, please stop using the website/service immediately and do not accept the Agreement.

In order to be eligible to use the service, you have to:
8.1 represent, that you are over 18 years old and have reached the age of "Majority" where you live to be qualified as an adult;
8.2 agree to and understand the extent of 4kMetalsMining’s liability, described under section 5. Liability and Responsibility, as well as having fully read and agreed to the Agreement;
8.3 agree not to use the service in any way that is unlawful or potentially harmful to 4kMetalsMining or other users of the service;
8.4 consent to being aware of the nature of cryptocurrencies and mining and understanding their basic uses and purposes;
8.5 agree to only provide correct and truthful information during account registration and keep your account data up to date;
8.6 accept to the terms provided in our Privacy Policy, the latest version of which can always be found on our Website at the following address: cminvestments.ltd/privacy-policy ;
8.7 agree not to hold more than one account at any given time;
8.8 guarantee not to use the service to perform any activity which is unlawful, illegal or malicious, including but not limited to, money laundering, gambling operations, financing terrorist organizations, or malicious hacking.

9. Registration and Confidentiality

In order to begin using 4kMetalsMining’s services you will register an account using an email address and password combination. You should not disclose your password information to anyone including 4kMetalsMining employees and keep this information confidential as well as exercise reasonable care to maintain its confidentiality. You will also be solely responsible for remembering your account login information.

You may only register one account. Should you forget or otherwise be unable to obtain access to your account, you must first exhaust all reasonable options including contacting 4kMetalsMining’s Customer Support to attempt to regain access to the account before registering a new account.

10. Payment and Payment Processing Services

The following paragraph outlines the ways you can transfer funds in exchange for the services provided by 4kMetalsMining, which payment processing tools and providers are supported, as well as your rights and limitations in making a payment.

4kMetalsMining will not recognize, accept or be held liable for any payment attempts made outside the service via means provided by any non-supported payment processors. All payments are to be done via the cminvestments.ltd Website and authorized third party websites belonging to one of the payment processor’s listed below. Please do not attempt or agree to provide funds by any other means.

Within our service the following methods of payment are accepted:
10.1 Credit card payment. Credit card payments are processed by a 3rd party payment processor.
10.2 Any other payment methods disclosed on the Website.

It is the sole responsibility of the purchaser to ensure they are eligible and understand all applicable 3rd-party rules and regulations.

All purchases made via the means described here are final, non-refundable and non-exchangeable. If you believe that 4kMetalsMining has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

If you are not satisfied with the product that you have purchased from us and have not transferred any funds from your account’s Net Balance or otherwise received any value from the contract (including via 3rd party services), you can get your money back. You are eligible for a full reimbursement within 14 calendar days if no transfers or Net Balance purchases have been made on your account.

After the 14-day period, you will no longer be eligible to submit a claim and won't be able to receive a refund. 4kMetalsMining reserves the right at its sole discretion to conduct an investigation if you are eligible for a refund.

If you have any additional questions or would like to submit a refund claim within the 14-day period, feel free to contact us.

In the event that you initiate a chargeback dispute for any of your Mining Plans, we will suspend all Net Balance transfers from your account, regardless of the outcome and disposition of the chargeback dispute for the duration of the dispute or until the disputed amount and any associated processing fees have been repaid in full.

11. Upkeep

The Upkeep represents the electricity, facility running costs and maintenance expenses as well as any other resources and commodities required to provide the service. These elements and hence the Upkeep may be subject to change over time. The Upkeep is being passed on to 4kMetalsMining from its suppliers. 4kMetalsMining collects Upkeep fees to compensate for these expenses.

Upkeep is a direct result of operating the mining hardware and is therefore expected and present at any time when mining hardware is being operated to produce the Hash Rate to fulfill 4kMetalsMining’s Mining Plans.

4kMetalsMining may choose to include the expenses for Upkeep upfront in the initial Mining Plan price or charge the Upkeep fees from the periodic accruals in the Mining Plan’s duration.

The inclusion or exclusion of the Upkeep expenses in the initial Mining Plan price will be stated on the product description page during purchase.

The Upkeep fee is deducted from the periodic accrual at the same time, the accruals are made. In the event the resulting sum of the addition of the periodic payment and the subtraction of the Upkeep fee goes below "0", your Net Balance will not be changed.

12. Restrictions and Compliance

For compliance reasons 4kMetalsMining may request you to provide PII (Personally Identifiable Information) and/or financial information for KYC (Know Your Customer) and/or AML (Anti-Money Laundering) procedures. 4kMetalsMining will also disclose your Personal Data where required to do so by law or subpoena or if it believes that such action is necessary to comply with the law and the reasonable requests of law enforcement as set forth in the General Data Protection Regulation of the European Union.

You are expressly forbidden to use 4kMetalsMining’s Website and/or services for any illegal activities, fraudulently or improperly. Examples of fraudulent use include but are not limited to: credit card fraud, unauthorized use of account, identity theft and impersonation, money laundering, terrorism financing, tax evasion, etc. If we have reasonable ground to suspect fraudulent use of your account, 4kMetalsMining may restrict your access to the service. In such case you will be notified of the suspected offense by registered email and will be expected to provide 4kMetalsMining’s reasonable satisfaction information to relieve any doubt of foul play. In case of restriction to parts or entirety of the Service to you no refunds or concessions will be made by 4kMetalsMining.

13. Communication

The user agrees to forward any concerns or inquiries that might come up about 4kMetalsMining or the website cminvestments.ltd, its Website, activity or service directly to 4kMetalsMining via email or other messaging service (textform), including via customer support provided on the Website. The user also realizes that any unvoiced concerns, which have not been communicated in a way described above, cannot be addressed and 4kMetalsMining cannot be held liable for their existence.

14. Applicable Law

This Agreement shall be governed by and interpreted in accordance with the law of Scotland and the Parties hereby submit to the exclusive jurisdiction of the Scottish courts.

15. Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates, parents, subsidiaries, any related companies, licensors and partners, and each of our and their respective employees, officers, directors, agents, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your (or any third party using your account or identity in the services) use or misuse of, or access to, the services, content, or otherwise from your user content, violation of these terms of the service agreement or of any law, or infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.