Terms of Use
This Terms of Use ("Terms") constitute a legally binding agreement between You (“You” or “Your”) and WhalePool (“WhalePool”, “We”, “Our” or “Us”). The Terms govern Your access to Our Platform and the Services made available to You on or through Our Platform regardless of whether You have registered for an Account.
Before using Services provided by Us, You affirm that:

(1)You have sufficient knowledge and experience with digital currency mining activities;

(2)You understand the value of digital currency can fluctuate significantly and there is a material risk of economic loss when buying, selling, holding or investing in digital currencies;

(3)You have carefully read Risk Disclosure inexhaustibly listing the risks associated with using Services, which is an integral part of the Terms and may be updated from time to time; and

(4)Your trading, holding and investing digital currencies are suitable for You in light of Your financial circumstance after carefully reading Risk Disclosure.

You agree that We has the right to modify the Terms and to notify You of the modified Terms by online publication or by any other reasonable means. You agree to regularly and frequently check the Platform for the latest version of the Terms. You shall suspend registration and discontinue Your use of the Services provided by Us should You disagree with any content of the Terms. Your continued use of the Services provided by Us will be deemed Your acceptance and consent of the latest version of the Terms.
1.Definitions and Interpretation
a)Definitions

i.Applicable Law means all relevant or applicable statutes, laws (including rules of common law), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgement, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether of a governmental body, regulatory or other authority, or self-regulatory organization of which We are a member), that are applicable to the provision, receipt or use of the Services;

ii.Account means any accounts including sub-accounts opened by Us for You to record Your use of Services;

iii.Affiliates means any other person which, directly or indirectly, controls, is controlled, or is under common control with Us;

iv.Applications means any mobile application developed or provided by Us or any of Our Affiliates that enables You to use or otherwise access the Services;

v.Information Protection Policy means Privacy Policy and Cookie Policy published on the Platform, which is an integral part of the Terms;

vi.Hong Kong/HK means Hong Kong Special Administrative Region of the People's Republic of China;

vii.Platform means that the digital platform that We or any of the Affiliates may make accessible to You via websites, Applications, or by such other means for the use of the Services;

viii.Regulatory Authority means any foreign, domestic, state, federal, cantonal, municipal or local governmental, executive, legislative, judicial, administrative, supervisory or regulatory authority, agency, quasi-governmental authority, court, commission, government organization, self-regulatory organization having regulatory authority, tribunal, arbitration tribunal or panel or supra-national organization, or any division or instrumentality thereof, including any tax authority;

ix.Risk Disclosure means an integral part of this Terms published on Platform inexhaustibly listing risks associated with using the Services;

x.Services means any service provided by Us to You through the Platform, or any service may be provided by any Affiliate, if specified in the Terms;

xi.Terms means these terms of use, together with any other documents expressly incorporated by reference, including Risk Disclosure, Information Protection Policy, in each case as amended or supplemented from time to time.

b)Interpretation

i.Section headings and numbering are for convenience only and do not affect the meaning, priority or interpretation of any section or sub-section of these Terms;

ii.the words “including” or “include” shall mean including without limitation and include without limitation respectively;

2.Services
a)We and Our Affiliates provides You with Services including access to mining pool of various cryptocurrencies, registration of Account, miner management, mining statistics monitoring and displaying, transaction accelerator services, account observation, mining income settlement, internal message notifications.
b)We offer You Account registration Services. You have the right to decide whether to accept our Services and conduct mining activities on Our Platform as registered Accounts or unregistered visitors. You fully understand that there are limits on the Services provided to unregistered visitors and such limits may be displayed in various forms including resistance to a certain page and jumping to registration page.
c)We provide account observation services and You have the right to set out access for outside observers to viewing account information selected by You. You shall guarantee that any such observer subject to an equivalent level of obligations in accordance with this Terms, and any activities of such observer will be deemed as Your activities or activities on behalf of You. Any in-compliance with the Terms by such observers will be deemed as Your breach of the Terms. You shall bear any risk to Your interest that may arise from activities of such observer and shall be responsible for consequences of any breach by such observer including any damages incurred by Us.
d)We have the right to charge fees for Services at an amount or rate published on the Platform.
e)You agree that there is a payout threshold for each type of digital currency and the payout threshold will be set out and displayed in the Platform.
f)You shall bear the relevant taxes arising from the use of the Services at Your own cost.
g)You shall prepare necessary equipment for using the Services and bear relevant costs and expenses:

i.Internet equipment cost, including the costs for purchasing the computers or other Internet terminals or modems;

ii.Internet access costs, including Internet access fees and mobile phone network data fees; and

iii.“mining” equipment costs and electricity costs, including the costs for purchasing and hosting “mining” equipment, electricity costs and power loss costs.

3.Eligibility
a)You hereby represent and warrant to Us as follows, which representations and warranties will be deemed repeated each time You use the Services:

i.as an individual, You are at least 18 years old and You have the requisite power to form a binding contract and perform Your obligations in accordance with the Terms under Applicable Law;

ii.as a legal entity, You have full legal capacity and authorization to enter into this Terms and Your obligations hereunder are binding upon You;

iii.as an employee or agent of a legal entity, and enter into these Terms on its behalf, You must be duly authorized to act on behalf of and bind such legal entity for the purposes of entering into these Terms;

iv.not have been previously suspended or removed from using Our Services;

v.not be located, incorporated, otherwise established in, or resident of, or have business operations in a jurisdiction where it would be illegal under Applicable Law for You to access or use the Services, or cause Us or any third party to contravene any Applicable Law.

b)You are using the Services only for Your own benefit and that You are not using the Services on behalf of others or for the benefit of any third parties, unless You have obtained prior written permission from Us.
4.Amendments and modifications
a)We reserve the right to amend the Terms at any time in Our sole discretion. Any amendment of the Terms shall immediately take effect once it is published on any Platform (unless the effective time is otherwise prescribed).
b)You have the right to cease the using of the Services upon amendments and modifications in Section 5(b) and agree that We shall not be liable for any losses thereby incurred.
5.Rights and Obligations
a)Your rights and obligations

i.You have the right to set up and change Your account name, credentials, the number of the mining machine, etc. Any of Your naming or use hereunder shall comply with Applicable Law and network ethics, and shall not contain any insult, threat, obscenity, defamation, or any other language which may infringe on the legitimate rights and interests of any other person.

ii.You have the right to access to information including Your account information, miner information, statistics after proper login processes.

iii.You have the right to terminate Your Account at any time after proper termination procedures as prescribed by Us from time to time and You will not be hereby charged, although You will be required to pay any outstanding amounts owed to Us. You authorize Us to cancel or suspend any pending transactions at the time of cancellation, and to deduct any outstanding amounts that You owe Us from Your Account.

iv.You shall be responsible for the confidentiality of Your credentials and shall report Us of any unauthorized use of Your account that You detect.

v.You shall configure Your wallet address and be fully responsible for any assets related to Your own wallet.

vi.You shall not use the Services to engage in any activities that violate Applicable Law, including support, incite or participate in any terrorist activities, participate in any money laundering activities, violate or intrude legitimate interests of others.

vii.You shall not maliciously register any Account by any means, including registration of multiple accounts for profit making, speculation, cash-outs, prize winning.

viii.You shall ensure that any information You provide to Us in any form is accurate, complete and updated, comply with Applicable Law and other applicable provisions of the Website, conform to the public order and good customs, and does not infringe the legitimate rights and interests of any third party.

ix.You shall fully comply with Applicable Law regarding cryptocurrency-related businesses when using the Services, including laws and regulations regarding cryptocurrency transactions, cryptocurrency mining businesses and cryptocurrency technology services. You shall not take any action that would cause Us and/or any Affiliate to be in violation of any Applicable Law.

b)Our rights and obligations

i.We reserve the right to amend the Terms at any time at Our sole discretion.

ii.We shall have the right to limit, suspend or terminate Your access to the Platform and the Services if We suspect that You have violated any Applicable Law, the Terms, or other policies, procedures, or rules announced by Us; We are required to do so by a subpoena, court order, or other government order; Your account is subject to or related to a pending litigation, investigation, and/or governmental proceeding; or We notice and suspect that there are some unusual or unauthorized activities involved with Your account. You agree that We shall not be liable to You for any losses or damages caused by such access limitation or suspension.

iii.We shall have right to immediately close Your account if You request so; the information provided by You to Us is untruthful, inaccurate or incomplete; You use the Services to engage in illegal activities; or We reasonably determine that Your account shall be terminated.

c)The closure of an account shall not affect any rights and obligations incurred prior to the date of account closure, including the fees owed by You to Us.
6.Intellectual Property
a)We are the sole owner (except to the extent owned by third-party licensors) of all rights, titles and interests in and to the Platform, the Data, and each component thereof, trademarks, all custom modifications, work products, deliverables, or other materials created by or on behalf of Us, and all intellectual property rights with respect thereto. We reserve all rights not explicitly granted in this Terms.。
b)You shall not obtain any rights in or to the intellectual property rights, except for those limited rights licensed to You by Us. You shall take all steps necessary to maintain the confidentiality of all documents and material provided by Us or any of Third-party providers with respect to the Platform and each component thereof.
c)You shall not

i.alter, maintain, enhance or otherwise modify the Platform;

ii.disassemble, decompile, reverse-engineer, copy, bug fix, correct, update, transfer, broadcast or create derivative based on the Platform nor otherwise take express action to develop the equivalent of the Platform (similar Platform).

d)Subject to Your compliance with the Terms, You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for the purpose set out in and in a manner consistent with this Terms.
7.Information Protection
a)We attach great importance to the protecting Your personal information. During Your use of the Services, You agree that We may collect, store, use, disclose and protect Your personal information in accordance with Our published Information Protection Policy. You carefully read, fully understand and accept the Information Protection Policy, and agree that the Information Protection Policy is an integral part of this Terms.
b)We promise not to disclose Your personal information including names, and mobile phone numbers to any third party without Your prior user consent. However, Your personal information may be disclosed in part or in full under statutory circumstances, such as Your consent, legal requirements, or other disclosures in compliance with Applicable Law.
8.Third Party Websites
The Platform may contain links to the websites of other independent third parties only for the convenience of visitors. No such website is controlled by Us, and We do not acknowledge or assume any responsibility for any information or material on any such website. You are solely responsible for determining Your interaction with any such website.
9.Liability and Exceptions
a)You agree that We can suspend or terminate Your Account, part or all of the Services provided to You at Our discretion if You breach the Terms. In particular, We may:

i.refuse to complete or block, cancel, or, where permitted by Applicable Law, reverse any transaction You have authorized;

ii.terminate, suspend, or restrict Your access to any or all of the Services;

iii.terminate, suspend, close, hold or restrict Your access to any or all of Your Accounts;

iv.refuse to transmit information or Instructions to third parties (including but not limited to third-party wallet operators); and/or

v.take whatever action We consider necessary.

b)Upon suspend or termination, We have the right to cancel pending transactions at Our discretion and shall not be liable for any losses thereby incurred by You.
c)We shall not be liable for delays or errors occurring by reason of circumstances beyond Our reasonable control, including but not limited to war (declared or undeclared), terrorist activities, acts of sabotage, blockade, fire, lightning, acts of god, national strikes, government policy, 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, We shall take reasonable steps to minimize interruptions and loss but shall have no liability caused by or incidental to such force majeure.
d)To the maximum extent permitted under Applicable Law, We do not represent or warrant that the Platform, the services provided by Us are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Without limiting the foregoing, You hereby understand and agree that We will not be liable for any losses or damages arising out of or relating to:

i.any inaccuracy, defect or omission of data;

ii.any error or delay in the transmission of data;

iii.interruption in the services;

iv.regular or unscheduled maintenance carried out by Us or third-party service provider and service interruption and change resulting from such maintenance;

v.Any losses incurred by You to Your wallet;

vi.any damages incurred by other users’ actions, omissions or violation of the Terms;

vi.any damages incurred by other users’ actions, omissions or violation of the Terms;

viii.any failure of transaction accelerator;

ix.cooperate with investigations by service providers or international organizations;

x.any damage caused by illegal actions of other third parties or actions without authorization by Us;and

xi.any risk set out in Risk Disclosure.

e)To the maximum extent permitted by Applicable Law, in no event shall Us and Our affiliates and their respective shareholders, members, directors, officers, employees and agents be liable for any special, incidental, indirect, punitive, consequential damages (including but not limited to loss of data, profits, revenue, business opportunities) arising out of or in connection with the Services, except to the extent there is a final judicial determination that such damages were a result of Our gross negligence, willful misconduct, fraud, or intentional violation of law.
f)Any and all notices to You will be delivered by Us by way of announcement or letter on the Platform, email, customer service call, SMS or regular mail. We shall not be liable for any event or information such as prize winning, promotions, etc., that is obtained from any source other than Our official channels.
10.Indemnity
a)You hereby undertake and agree to indemnify Us and hold Us harmless from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third-party, governmental authority, or industry body, and all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation), costs, and expenses, including without limitation all interest, penalties and legal and other reasonable attorneys’ fees and other professional costs and expenses, arising out of or in any way connected with actions or omissions of Yours or Your selected observers including:

i.access to or use of the Services;

ii.breach or alleged breach of these Terms or Your contravention of any other section or sub-section of the Terms, including any other terms and conditions incorporated by reference;

iii.contravention of any Applicable Law; and

iv.violation of the rights of any third party.

b)You hereby irrevocably and unconditionally agree to hold Us harmless from any and all claims and demands (and waive any rights You may have against Us now or in future in relation to any losses You may suffer or incur), arising directly or indirectly out of or in connection with any dispute that You have with any other user or other third party in connection with the Services.
11.Miscellaneous
a)The Terms is binding upon You and WhalePool, and it does not create any third-party beneficiary rights. You may not assign or transfer any of Your rights or obligations under the Terms without Our prior written consent, which may, in some cases, require additional information to be provided or enhanced due diligence to be performed. However, We may assign or transfer any of Our rights or obligations under the Terms at any time to any third-party, including in connection with any merger, acquisition, or other corporate reorganisation involving Us.
b)If any provision of the Terms is deemed to be illegal, invalid or unenforceable for any reason, such provision shall be deemed severable and shall not affect the legal effect of any other provision.
c)The Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of Hong Kong.
d)Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be resolved through negotiation in good faith. In case of failure to reach an agreement through negotiation, such dispute shall be settled by arbitration in accordance with the Arbitration Rules of Singapore International Arbitration Centre (SIAC) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of three arbitrators. The language of the arbitration shall be Chinese.
e)No delay or omission as to the exercise of any right or power accruing upon any breach by You shall impair Our exercise of any right or power or shall be construed to be a waiver of any breach or acquiescence therein.