This Bitdeer Service Agreement (the “Agreement”) is an agreement between Bitdeer (“Bitdeer” or “we”) and the users (the “User” or “you”) who uses the services provided by Bitdeer and/or the official website of Bitdeer (the “Website”). This Agreement provides for the rights and responsibilities of both Bitdeer and the User. By using the services provided by Bitdeer and/or the Website, you acknowledge that you agree to all the terms of this Agreement. If you do not agree to any term of this Agreement, please do not use the services provided by Bitdeer and the Website. In the event that you purchase any product provided by Bitdeer, you shall agree to the service agreement of that product as well.
2.1 You hereby represent and warrant to Bitdeer as follows, which representations and warranties will be deemed repeated each time you use the services provided by Bitdeer:
(1) if you are a natural person: you are at least 18 years old of age and have full civil capacity;
(2) if you are an entity: you are duly organized and validly existing under the laws of the jurisdiction of your organization or incorporation and, if relevant under such laws, in good standing;
(3) your use of the services provided by Bitdeer complies with the applicable laws and regulations in your country/region, and your use of the services provided by Bitdeer does not violate your obligations to any third party;
(4) you have the requisite power to use the services provided by Bitdeer and perform your corresponding obligations, and the Agreement and the corresponding purchase order(s) are valid and binding on you.
2.2 When providing the registration data and information (the “Registration Information”), you hereby agree that:
(1) you will provide legal, truthful, accurate and complete Registration Information;
(2) you will timely notify Bitdeer if there is any change to the Registration Information provided by you; if the Registration Information provided by you is illegal, untrue, inaccurate or incomplete, you shall bear all the corresponding responsibilities and consequences;
(3) Bitdeer reserves the right to impose certain restrictions on your account and/or suspend or terminate your use of the services provided by Bitdeer based on the Information provided by you to Bitdeer in accordance with Bitdeer’s compliance obligations and internal risk control policy;
(4) Unless obtained express written consent from Bitdeer, you shall only register for one account at Bitdeer;
(5) For compliance purpose such as KYC (know your customer) and/or anti-money laundering, Bitdeer reserves the right to request you to provide Bitdeer your PII (Personally Identifiable Information) and/or financial information; You confirm that you will submit true, accurate information to us.
(6) You will be required to enter your username and password when using certain features of the services provided by Bitdeer. If you are unable to access your account for reasons such as you forget the password, Bitdeer reserves the right to request specific information from you, including but not limited to proof of identity; proof of residence; telephone number /Email proof and any identifiable activity information on the Website, such as transaction ID, order number, withdrawal information, etc.; however, you hereby agree that you will not share your username and/or password with any third party or allow any third party to access your account. Bitdeer is not responsible for any consequences and losses caused by your improper use of your account and/or password or any third party’s use of your account and/or password. If you believe that your username and/or password are known to any third party or that your account has been accessed by any third party, you should notify Bitdeer immediately.
2.3 You understand and acknowledge that Bitdeer has the right to provide all or part of your registration information in accordance with relevant laws and regulations or the requirements of regulatory authorities.
III. Risk Factors
3.1 You understand and acknowledge that there are risks associated with holding, trading, investing in digital assets and use of digital asset related services. The risks listed in this Section 3.1 are not exhaustive. These risks, and additional risks that may occur now or in the future, may prevent you from obtaining any gains, may cause you to suffer financial losses, and may even terminate the services we provide:
(1) Use of any digital assets or related product and service carries potential financial, regulatory and other risks. Before using any digital asset or related products and services, you should confirm that you have sufficient knowledge and experience in the features and risks of blockchain technology, digital asset, and smart contracts. Your decision to participate in any digital asset activity and/or use of related services should be based on independent study and/or consultation with professionals as you deem necessary. Bitdeer assumes that when you use the services provided by Bitdeer, you are a professional who understands the digital asset industry and understands the risks of digital asset related products and service. This Agreement and any services provided by Bitdeer should not be deemed as Bitdeer’s providing you with investment advice;
(2) The value of any product or service provided by Bitdeer and the value of any digital asset may be affected by many factors not controlled by Bitdeer, including but not limited to mining difficulty and/or other changes in mining parameters/attributes, market price fluctuations in digital assets, hardware (i.e. mining machines) obsolescence and hardware amortization, etc.;
(3) Due to the nature of the digital asset, the value of any digital asset may lose some or all of its value at any time. You are aware of the fact that the value of any digital asset can decrease rapidly (and even decrease to zero). Bitdeer is not responsible for any and all losses caused by the market price fluctuations of any digital asset;
(4) Bitdeer will maintain or upgrade the system periodically. You hereby confirm that you do not expect that your use of the Services provided by Bitdeer is continuous, without any interruption. Unless otherwise expressly prescribed, Bitdeer is not responsible for any and all losses caused by the suspension and interruption due to Bitdeer’s maintenance and upgrading of its system;
(5) No authentication or computer security technology is 100% secure and safe. You agree to bear all risks related to hacking or identity theft;
(6) You understand and agree that Bitdeer reserves the right to post, modify, and/or provide information related to our service through the Website, emails, customer service calls, SMS and other official channels. Bitdeer is not responsible for information obtained through non-official channels of Bitdeer. If you have any question related to the truthfulness of information sent in the name of Bitdeer, please contact us immediately.
IV. Use of Digital Assets
4.1 You may not mine, purchase, sell, exchange, hold and/or use any type of digital asset in any manner that is prohibited by the laws and regulations applicable to you.
4.2 Before purchasing any Service Plans, you shall evaluate if the Service Plan is suitable for your financial capabilities and risk preferences. By purchasing any Service Plan provided by Bitdeer, you acknowledge that you understand and accept all the risks associated with mining, purchasing, selling, exchanging, holding and/or using digital assets, including but not limited t
(1) Large price fluctuations: prices of any digital asset, including Bitcoin, may fall sharply, or even fall to zero;
(2) Digital asset transactions may take a while to be confirmed. Although very unlikely, it does exist the situation when some digital asset transactions may never be confirmed and unconfirmed digital asset transactions mean such transactions are not completed;
(3) Digital asset transactions are irreversible: if you send any amount of digital assets to any wrong person or digital asset wallet address, you may not be able to cancel the transaction or recover these funds;
(4) If you lose or forget any PIN or password required to access and use the digital assets, the digital assets may be lost or unavailable to you;
(5) Blockchain (or digital asset) technology may have unknown inherent technical defects;
(6) Each country may introduce and promulgate new laws, regulations, and policies that affect the use of digital assets.
V. Restrictions and Obligations
5.1 You shall not use the services provided by Bitdeer to engage in any activities that violate applicable laws and regulations. You shall not use the Services provided by Bitdeer to
(1) support, incite or participate in any terrorist activities;
(2) participate in any money laundering activities;
(3) fabricate or distort facts, spread rumors, and disrupt social order;
(4) promote or produce obscene, violent and/or terrorist content; or
(5) participate in any other activities that violate applicable laws and regulations.
5.2 You agree to comply with all applicable laws and regulations, this Agreement and all rules and policies announced by Bitdeer from time to time regarding the use of the Website and the services provided by Bitdeer.
5.3 You shall be fully liable for the security of your account password (or other security devices). Any application or order submitted through your account is deemed to have been executed and agreed upon by yourself. If your account, password or other information is used fraudulently or illegally due to your negligence, we are not responsible for any risks and losses arising therefrom. If you suspect that your account, password or other information has been fraudulently or illegally used, you shall notify us immediately.
5.4 You agree and represent that the source of funds used to purchase Bitdeer’s products is legal and compliant. You agree that you shall fully assume the relevant tax obligations arising from the use of the services provided by Bitdeer.
5.5 You agree and represent that you are using the services provided by Bitdeer only for your own benefit and that you are not using the services provided by Bitdeer on behalf of others or for the benefit of any third parties.
5.6 You agree to contact Bitdeer immediately if you find or suspect any fraud or misconduct by any third party using the services provided by Bitdeer.
5.7 Unless obtained prior written consent from Bitdeer, you may not register multiple accounts on the Website in any circumstances. You shall not register multiple accounts in order to obtain profits, rewards or coupons.
5.8 You should not participate in any activities that may affect the services provided by Bitdeer and/or the security of the Website.
5.9 You shall not use any method (such as Proxy, Tor, VPN, etc.) to block your Internet traffic and IP addresses or use other technical services that may hide the user's real Internet connection.
5.10 Intellectual property rights of any content displayed on the Website, including but not limited to articles, pictures, news, materials, website structure, website layout, website design, unless otherwise specified, are entirely owned by Bitdeer or Bitdeer’s licensor (if any). The User shall respect the intellectual property rights of Bitdeer and Bitdeer’s licensor (if any).
5.11 Bitdeer hereby grants you a limited, non-exclusive, revocable, non-transferable and non-sublicensable license during the term of this Agreement to use the services we provide under this Agreement. Bitdeer or its licensor reserve all rights, titles and interests in and to the Service, including all source code, object code, data, information, and their copyright, trademark, patent, invention and trade secrets, as well as all other rights not expressly granted to you under this Agreement. This Agreement does not constitute a waiver of any Bitdeer's rights under the intellectual property law of the British Virgin Islands or any other jurisdiction or any other federal, state or foreign law.
5.12 The User shall neither engage in any activities in the name of Bitdeer nor use the information/data on the Website without prior written authorization from Bitdeer.
5.13 For any data or information that we provide to you during the period in which you use our Product(s), you agree:
(1) that such data or information is only used for the purpose specified in this Agreement and in compliance with all applicable laws;
(2) not to transfer, transmit, display or otherwise disclose or make available such data or information to third parties except required by Applicable Laws; and
(3) not to improve or modify such data or information, nor to use such data or information to make derivatives or use in combination with any other information without Bitdeer's prior written consent.
5.14 You hereby represent and warrant that your use of the services provided by Bitdeer will not negatively affect Bitdeer's reputation or cause Bitdeer to assume legal responsibility or other penalties, fines, and sanctions.
5.15 You hereby understand that the services provided by Bitdeer are not available to the following (each, a "Restricted Person"): 1) residents in the following countries or regions: Mainland China, Crimea region, Cuba, Iran, North Korea and Syria; 2) any entities or individuals that are restricted under applicable trade sanctions and export compliance laws; or 3) any entities or individuals that are restricted under Bitdeer’s compliance obligations and/or internal risk control policies. As to the users who use the miner sharing services provided by Bitdeer, the Restricted Person shall also include the residents in the United States. The above list is not exhaustive. Before using the services provided by Bitdeer, please confirm that you are not a Restricted Person. In the event that you are a Restricted Person and you use the services provided by Bitdeer, all legal risks and liabilities caused by or arising from such usage shall be entirely borne by you, and Bitdeer shall have the right to refuse to provide services to you, and you shall not be entitled to ask Bitdeer to provide any refund.
5.16 If the User violates any provisions of this Section 5, Bitdeer shall have the right to immediately suspend or terminate the service provided to the User, and Bitdeer shall have the right to take all necessary legal means within the scope permitted by the applicable laws and regulations.
VI. Liability for Breach of Agreement
6.1 For any violation of this Agreement by the User (including but not limited to the User fails to pay the Plan Fee in time; the User's use of the services provided by Bitdeer is illegal in the country/region where the User is located, etc.), Bitdeer shall have the right to immediately suspend or terminate the services provided to the User and take all necessary legal means within the scope permitted by applicable laws and regulations, including but not limited to holding the User liable for the relevant loss suffered by Bitdeer.
6.2 If Bitdeer reasonably suspects that the User uses the services provided by Bitdeer in an illegal, fraudulent, or other improper manner, Bitdeer shall have the right to suspend the provision of the services to the User until the User can provide proof of compliance to Bitdeer’s satisfaction.
VII. Limitation of Liability
7.1 The limitation of Bitdeer's liability for the products provided by Bitdeer is subject to the service agreement of such product. If there is no special agreement, Bitdeer's full responsibility to the User shall not exceed the total fee paid by the User to Bitdeer.
7.2 Bitdeer shall not be liable for service suspension or termination occurring by reason of circumstances beyond its control, including but not limited to war (declared or undeclared), terrorist activities, acts of sabotage, blockade, fire, lightning, acts of god, national strikes, riots, insurrections, civil commotions, quarantine restrictions, epidemics, earthquakes, floods, hurricanes, explosions and regulatory and administrative actions or delays. In the event of such force majeure, Bitdeer shall take reasonable steps to minimize interruptions and loss but shall have no liability caused by or incidental to such force majeure.
7.3 The User agrees that any third-party links provided by Bitdeer is for convenience and reference only. Bitdeer's provision of these third-party links does not mean that it confirms these links and the content displayed on these links. Since these third-party links are not controlled by Bitdeer, Bitdeer cannot guarantee that User's access to such links is safe and virus-free. Bitdeer is not responsible for any loss caused by the User’s accessing such third-party links and any other third-party links not controlled by Bitdeer.
7.4 The User hereby understands and agrees: unless it is expressly agreed in writing by Bitdeer in advance, under any circumstances Bitdeer shall not be liable for the following events and the User's losses due to the following events:
(1) loss of trading profits;
(2) service interruption (such interruption is not caused by Bitdeer’s intentional misconduct);
(3) damage or loss of information/data not caused by Bitdeer ’s intentional misconduct;
(4) the computing power dies or withdraws from the market;
(5) implementation or change of laws, regulations and policy factors;
(6) that the User is restricted under Bitdeer’s compliance obligations and/or internal risk control policies based on the information provided by the User (including but not limited to the Personally Identifiable Information, financial information and digital asset wallet address);
(7) loss caused by the User's fault or violation of this Agreement (including but not limited to providing inaccurate information to Bitdeer, leaking password to third parties, etc.);
(8) other events not controlled by Bitdeer.
7.5 You agree and accept that: without duplication of any other rights to recovery or indemnity set forth in this Agreement, you shall indemnify and defend Bitdeer, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors, against, and shall hold Bitdeer, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors, harmless from, any loss, liability, claim, action, suit, or expense (collectively, “Losses”, including reasonable attorney’s fee) caused by or resulting from your breach of this Agreement (including but not limited to your breach of any obligation, representation or warranty under this Agreement). In no event shall Bitdeer, its parents, subsidiaries, or affiliates, or each of their respective officers, directors, employees, agents or advisors, be liable to you or any third party for any special, incidental, indirect, or consequential damages or damages for loss of profits arising out of or in connection with this Agreement.
8.1 Waiver: no delay or omission as to the exercise of any right or power accruing upon any default by the User shall impair Bitdeer’s exercise of any right or power or shall be construed to be a waiver of any default or acquiescence therein.
8.2 Severability: should any provision of this Agreement be determined to be illegal or unenforceable, such determination shall not affect the remaining provisions of this Agreement.
8.3 Governing Law: this Agreement shall be governed in all respects by the laws of British Virgin Islands without regard to conflicts of law principles.
8.4 Dispute Resolution: if there is any dispute between the parties in the performance of this Agreement, and if the negotiation fails, either party has the right to submit the dispute to Singapore International Arbitration Centre for arbitration and the dispute shall be finally settled in accordance with Arbitration Rules of the Singapore International Arbitration Centre in effect at the time of submission for arbitration. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. The arbitral award is final and binding on both parties. Unless the arbitral award is otherwise determined, the arbitration fee shall be borne by the losing party. The losing party shall also compensate the winning party’s legal fees and other expenses.
8.5 Replacement of Prior Agreements: this Agreement replaces and supersedes all prior agreements between you and Bitdeer with respect to the subject matter provided for herein.
8.6 Version: the English version of this Agreement shall prevail.