Terms and Conditions of the GamerHash portal
Last update: September 20, 2022.
§1 GENERAL INFORMATION
- The owner of the Application and GamerHash.com Portal available at https://gamerhash.com and all its components is CoinAxe spółka z ograniczoną odpowiedzialnością with the seat at the address: ul. Marii Konopnickiej 16/3A, 60-771 Poznań, Poland, registered under KRS No. 0000702796 in the Register of Entrepreneurs of the National Court Register maintained by the Poznań District Court – Nowe Miasto and Wilda in Poznań, 8th Economic Division of the National Court Register, Taxpayer’s ID No.: 7831767156, Business Registry No. 36870210.
- The Portal has been developed as the platform for downloading the Application by the Users and managing the User Accounts when mining Cryptocurrencies with the use of the Desktop Application or Software Sharing.
- In all cases when the Terms and Conditions refer to specific time, the correct time is the Central European Time (CET).
- In all cases indicated in the Terms and Conditions as cases when it is required to contact CoinAxe (to inform, report etc.) such contact should be made by sending a message to email address: [email protected].
- Access to the content published on the Portal and the use of its functionalities described in the Terms and Conditions is not subject to any fees. When one wishes to use the Application, the condition for accessing or using the Portal or the Application is to use of a Device with Internet access and an e-mail account running on any server (other than temporary or anonymous).
- The terms used in the Terms and Conditions and written with a capital letter are given
meaning as indicated below:
- IP address – Internet Protocol Address, identification number of the Device, in particular the Computer, on the Internet or a local network;
- Applications – mean the Desktop Application, the Mobile Application and the Web Application jointly;
- Desktop Application – software downloaded by the User to the Computer e.g. in order to mine Cryptocurrencies;
- Mobile Application – GamerHash application which is downloadable and useable on Mobile Devices;
- Web Application – the platform available at https://gamerhash.com and the User must sign in to access it;
- Bitcoin – decentralized electronic currency Bitcoin (BTC) based on an open-source code, considered to be a property right. For the avoidance of doubt Coinaxe states that Bitcoin is one of Cryptocurrencies and its separation from the Cryptocurrency group is for the purposes of the Terms and Conditions only;
- CoinAxe – CoinAxe spółka z ograniczoną odpowiedzialnością –with the seat at the address: ul. Marii Konopnickiej 16/3A, 60-771 Poznań, Poland, registered under KRS No. 0000702796 in the Register of Entrepreneurs of the National Court Register maintained by the Poznań District Court –Nowe Miasto and Wilda in Poznań, 8th Economic Division of the National Court Register, Taxpayer’s ID No.: 7831767156, Business Registry No. 36870210.
- Business Days – days from Monday to Friday, excluding public holidays in accordance with applicable law;
- Facebook – social networking portal at the address: https://facebook.com;
- GamerHash Store – the Internet platform available in the Web Application at the address: https://gamerhash.com/shop and directly from the Mobile Application where the User may access the Digital Products and exchange Bitcoin, GUSD or GHX with the Digital Products;
- GHX - GamerCoin token;
- Google– the portal available at the address: https://google.com;
- GUSD – virtual currency used only in payments made in the GamerHash Store, its value equals USD (US dollar) in 1:1 ratio (GUSD 1= USD 1);
- Campaign – Play&Earn task achievable by the User at the Desktop Application, offered independently by CoinAxe or in collaboration with the Portal Partners on the terms set out in these Terms and Conditions;
- Computer – the Device within the meaning of the Terms and Conditions, limited to electronic devices intended for the processing of information (data) presented in a digital form, that is astationary device or a portable device, with the exception of Mobile Devices or other similar devices;
- User Account – an account created in registration process, individual for each User;
- Cryptocurrency – decentralized electronic currencies based on an open source code, recognized as proprietary rights, mined using the Desktop Application or the Shared Software;
- Metamask – a tool available at htps://metamask.io which enables the exchange of cryptocurrencies on the External Wallet within this tool for the Digital Products;
- Minimal Withdrawal Limit – for Bitcoin: 0.001 part of Bitcoin; for GHX –GHX 50, increased by the current amount of the Transaction Fee;
- Digital Fee–a fee collected by CoinAxe for the administration of the GamerHash Store;
- Transaction Fee – an average fee for sending transactions on the Bitcoin blockchain network or the GHX blockchain network;
- Portal Partners – entities with whom CoinAxe organizes the Campaigns;
- Play&Earn – functionality of the Desktop Application which provides information about the current Campaigns and enables their execution;
- Data Security Policy–the document available at: https://gamerhash.com/en/privacy;
- Portal – the GamerHash Portal at the address: https://gamerhash.com;
- External Wallet – the User’s cryptocurrency wallet operating outside the Portal or the Applications, to which the User can withdraw Bitcoins or GHX from the Web Application or the Mobile Application. The address of the External Wallet is entered directly by the User in the relevant window of the Web Application or Mobile Application;
- Digital Products – products that do not require physical shipment and can be acquired by the User through Bitcoin, GUSD or GHX exchange for the Digital Products;
- Terms and Conditions – the Terms and Conditions of the GamerHash Portal;
- Shared Software – software enabling the mining of Cryptocurrencies via the agency of CoinAxe without the need to download or use the Desktop;
- Device – the Computer, the Mobile Device or similar electronic devices with Internet access;
- Mobile Device – a smartphone, tablet or other similar device with Internet access;
- USD - US dollar;
- User – a natural person with full legal capacity, a legal person or an organizational unit with legal capacity, having the User Account. A natural person who does not have full legal capacity, in particular a minor, may be the User only with a prior consent of his/her authorized legal representative;
- Steam – the portal available at: https://steamcommunity.com;
- VPN – Virtual Private Network, a separate connection through which a connection is made in a private network via the Internet;
- Profile Picture – virtual image under which the User appears in the Applications; it may in particular be an icon selected from a directory shared by CoinAxe or other photo/graphics used by the User;
- 2FA – Two-Factor Authentication;
§3 USER ACCOUNT
User registration on the Portal takes place by creating an Account. Creating an account is possible on the website:
https://gamerhash.com/auth/register. To register the User should enter the above link in the web browser or click the appropriate button in the Desktop Application (redirection). Registration is possible in one of the ways indicated below:
- using the registration form which requires the following data: username, email address and password;
- using the Facebook –with the Facebook login which requires confirming the email address and entering the login. The Facebook login and password used to sign into the Facebook enable signing into the User Account;
- using the Steam platform –with the Steam login which requires confirming the email address and entering the login. The Steam login and password used to sign into the Steam platform enable signing into the User Account;
- using the Google Account which requires confirming the email address and entering the login. The Google login and password used to sign into the Google Account enable signing into the User Account.
- Creating the User Account is also possible via the Mobile Application, using the registration form, requiring the following: username, email address and password.
- For security reasons, it is recommended to use the so-called strong passwords (consisting of at least eight characters, including lowercase or uppercase letters, numbers, special characters), their periodic update and to avoid using the same passwords to sign in on various websites or portals on the Internet
- After completing the registration, an activation link to the User Account is sent to the User’s email address. The User Account becomes active once the activation link is clicked and it is properly uploaded.
- The User undertakes to take reasonable security measures that are adequate to the existing threats, in particular by securing the User Account against its unauthorized use, including by properly securing the Devices having access to the User Account.
- The User undertakes to promptly inform CoinAxe of all cases of unauthorized use of the User Account or suspicions of such use
- Having an active User Account enables the User to download the Desktop Application or the Mobile Application.
- The rules for deleting the User Account are set out in §12 below.
- The Applications as a whole as well as their individual independent or dependent parts, are the property at CoinAxe.
- Upon downloading the installation of the Desktop Application or the Mobile Application by the User or launching the Web Application, CoinAxe and the User conclude a mutual agreement under the terms and conditions specified in the Terms and Conditions.
- CoinAxe grants the User a license to use the Applications. This license is a revocable, non-exclusive and not further transferable regardless of a paid or free nature of the transfer, including not subject to further licensing, limited to the following activities: installation or use for own, non profit purpose, on the terms and conditions set out in Terms and Conditions. In particular, as a 4 result of downloading or using the Applications, the User does not become their owner. The Applications remain the property of CoinAxe.
- The User undertakes that the Applications will not be:
- sold, rented, lent or otherwise disposed of, made available, including the use of open sources or used for a purpose other than that indicated in the Terms and Conditions, regardless of a paid or free nature of their use,
- copied, transferred,
- modified (including by introducing their improvements), split, decrypted, transformed in any way, reverse engineered or decompiled.
- Any suggestions, comments or ideas for changes, including improvements in the functionality of the Application provided to CoinAxe by the User may be used at the discretion of CoinAxe without the need to pay or provide any other form of remuneration for the User.
- The Applications show the current value of Bitcoin, GUSD and GHX owned by the User. Also
of Bitcoin, GUSD and GHX converted to USD are displayed. GUSD value against USD is set
ratio pursuant to the provisions of §2 section 1 point 1.13 of the Terms and Conditions.
and GHX exchange rates against USD are based on the current exchange rates shown in the
- for Bitcoin: https://data.chain.link;
- for GHX: https://coinmarketcap.com.
- The User has access to the User Account via the Application.
§5 DESKTOP APPLICATION
- The Desktop Application is compatible with Computers running operating systems listed in the Portal. Once it is downloaded, the Desktop Application needs to be installed and run on the Computer on which it has been downloaded. The Desktop Application may be installed by the User on any number of Computers.
- The Desktop Application can be downloaded from the website: https://gamerhash.com.
- Upon downloading and running the Desktop Application, the User downloads, using its functionality, on a license basis, external open-source software – the so-called “miners” that is not owned by CoinAxe. The User undertakes to comply with the terms of the license, in particular not to infringe the ownership of external software, intellectual property rights, including copyrights, rights to computer programs, databases, trademarks, inventions and the like. CoinAxe is not liable for actions or omissions of the User causing or likely to cause damage to the property of a third party who are the owners or assignees of external software.
- After installing and running the Desktop Application on the Computer, the User:
- has the option to log in to the User Account. For this purpose, the User is redirected to the Portal via a web browser;
- (without login) enters the login to the User Account. By entering the login, the User connects the Desktop Application installed on the given Computer with the User Account. Every Computer on which the Desktop Application connected with the User Account has been installed in the manner referred to in the previous sentence is visible in the User Account panel.If an incorrect or non-existent User name is entered, the funds from Cryptocurrency digging will not be allocated to any User Account and the User will not be able to recover them.
- After installing the Desktop Application on the Computer, the Desktop Application automatically verifies the computing power of the Computer and selects the Cryptocurrency to be mined using the Desktop Application. The type of the mined Cryptocurrency depends on the type and computing power of the Computer. The computing power of the Computer is determined by its parameters. The greater the computing power of the Computer, the greater the performance of the Desktop Application. Regardless of the result of the automatic analysis, the User has the option to exchange the mined Cryptocurrency to one of the offered Cryptocurrencies.
- The User is informed about the type of Cryptocurrency mined using the Desktop Application. The mined Cryptocurrency is converted into the Bitcoin cryptocurrency and disclosed on the User Account on the terms described below.
- The status of Cryptocurrency mining is measured in 24-hour sessions. Sessions begin at 00.00 on a given day and end at 23.59 of the following day, subject to the next sentence. The first session begins with the download and launch of the Desktop Application and ends at 23.59 on the same day
- In the case of mining Bitcoin the status of Cryptocurrency mining is updated and saved on the User Account in the nominal value, and in the case of mining another Cryptocurrency, after converting to Bitcoin and deducting the commission due for the conversion at the end of each session.
- In the event that the Cryptocurrency mined at a given session after conversion into Bitcoin exceeds the equivalent of 0.00001 Bitcoin, the Cryptocurrency is converted into Bitcoin and disclosed on the individual User Account no later than 12:00 am the next day, and from the moment of disclosure, the User can dispose of it.
- If the Cryptocurrency mined at a given session after conversion into Bitcoin does not exceed 0.00001 Bitcoin, the Cryptocurrency is not disclosed on the individual User Account in a way that allows the User to dispose of it, and it appears on the Users Account with the status “Pending” and is summed up with the Cryptocurrency that will be mined in the next or subsequent sessions after the conversion of the Cryptocurrency mined in the next or subsequent sessions into Bitcoin. If the sum of the Cryptocurrencies mined and converted into Bitcoin in accordance with the previous sentence exceeds 0.00001 Bitcoin after the session is closed, the sum of the mined Cryptocurrencies is converted into Bitcoin and disclosed in the individual User Account no later 12:00 am the next day, and from the moment of disclosure the User can dispose of it.
- . If the User mine the Cryptocurrency other than Bitcoin, CoinAxe charges a commission for each Cryptocurrency exchange for Bitcoin, which is a percentage calculated on the value of the exchange, depending on the amount of Cryptocurrency converted into Bitcoin mined by the User in the previous days. The fee is displayed on the User Account and the fee thresholds depend on the rank of the User and are indicated at the address: https://gamerhash.com/fees.
- In the case of mining Bitcoin directly, there is no exchange for Bitcoin and therefore CoinAxe does not charge a commission for this.
- For the first thirty days from setting up the User Account, CoinAxe does not charge a commission referred to in point 11 above.
§6 MOBILE AND WEB APPLICATION
- The Mobile Application is compatible with Mobile Devices with the Android or iOS operating system installed.
- The Mobile Application can be downloaded:
- . in Google Play store (for Mobile Devices with Android operating system);
- in App Store (for Mobile Devices with iOS operating system);
- by redirecting to Google Play or App Store on the website: https://gamerhash.com.
- Once it is downloaded, the Mobile Application needs to be installed and run on the Mobile Device on which it has been downloaded. The Mobile Application may be installed by the User on any number of Mobile Devices.
- After installing and running the Mobile Application, the User enters the email address of the User Account previously set up or creates a new User Account. In the case of logging into the Mobile Application using the email address, the User will receive a link to the email address assigned to the User Account provided to sign in the Mobile Application. If a given person already has the User Account, it is also possible to sign into the Mobile Application by using the QR code provided in the Web Application and read using Mobile Devices.
- The Web Application does not require installation and is available in a web browser at: https://gamerhash.com. The User logs in to the Web Application using the email address or login of the User Account and the password.
- The Mobile Application and the Web Application are mainly informative for the User and allow the User to read information, specifically regarding the User’s balances, history or parameters of the Cryptocurrencies mined. In addition, the Mobile Application and Web Application allow you to make exchanges of Bitcoin, GUSD or GHX in GamerHash Store to Digital Products and Bitcoin or GHX withdrawals to External Wallets, in accordance with the provisions of §9 of the Terms and Conditions.
§7 PRINCIPLES OF OPERATION OF PLAY&EARN
- The User may take part in the Campaign by fulfilling tasks offered in Play&Earn in the Desktop Application only.
- Details of the task fulfilment, in particular the activity and the maximum duration of the task fulfilment, are described on the Desktop Application screen after clicking on a given Campaign. The default time for the task fulfilment is thirty days. The time to fulfil the task may be shorter if this is indicated in the task description.
- The task fulfillment status may be either:
- “In progress” – the Campaign whose execution has been started by the User but has not been successfully completed yet and the time for its fulfillment has not expired;
- “Completed” – the Campaign the fulfilment of which was successfully completed by the User;
- ““Not done” – the task which hasn’t been completed by the User or whose fulfillment has been canceled by a decision of CoinAxe or the Portal Partners. The User is informed about the cancellation of the task in the form of a message displayed in the Application for 24 hours from its cancellation. CoinAxe or the Portal Partners reserves the right to cancel the task at any time, including before the expiry of the time specified for its fulfillment. In the event of cancellation of the Campaign, the fulfillment of which has been started by the User but has not yet been completed (“In progress”), the User is not entitled to any claims against CoinAxe or the Portal Partners.
- The User may fulfill maximum of three Campaigns at the same time – status “In progress” unless the task description provides otherwise. CoinAxe reserves the right to verify the correctness of the User’s completion of a given Campaign within three Business Days from the date of completion of the given Campaign by the User. If CoinAxe confirms that the Campaign has been correctly completed by the User, the task receives “Completed” status.
- A given Campaign may be fulfilled by the User only once. The User is obliged to provide CoinAxe with information or documents confirming the proper completion of a given Campaign within thirty days from the date of the end of a given Campaign at the latest. Applications sent by the User after this date will be disregarded. CoinAxe or the Portal Partners reserves the right to exclude the User from the fulfilling a given Campaign if the User performs a given Campaign from a Device or an IP Address from which this Campaign has already been completed.
- Starting the fulfillment of a given Campaign excludes the possibility of starting another (next) Campaign for 48 hours from the beginning of the first Campaign unless the task description provides otherwise. The possibility of proceeding with the fulfillment of the next Campaign is independent of the success of the fulfillment of the first Campaign.
- For the successful completion of the task, the User receives GUSD or GHX in the number specified for a given Campaign on the Desktop Application screen.
- GUSD or GHX are not exchangeable for Bitcoin.
- GUSD are only an internal accounting measure at Gamerhash Store and are only redeemable in GamerHash Store on the terms set out in the Terms and Conditions.
- GHX are token which may be either issued by the User at Gamerhash Store or paid to the User’s External Wallet, pursuant to the provisions of the Terms and Conditions.
- Failure to complete the Campaign successfully does not affect the rights and obligations of the User.
- The payment of GUSD or GHX for the completion of the Campaign takes place within 72 hours from the change of the Campaign status from “In progress” to “Completed”.
- The payment of GUSD or GHX is made to the GUSD wallet or the GHX wallet of the User operating under the User Account.
- The payment of GUSD or GHX is made by CoinAxe independently or after receiving the approval of a given Portal Partner (in the case of organizing the Campaign in cooperation with the Portal Partner).
- Until the payment of GUSD or GHX to the GUSD wallet or the GHX wallet of the User respectively, the amount GUSD or GHX due for the completion of a given Campaign (“Completed”) will be displayed the GUSD wallet or the GHX wallet in the User respectively in the “Pending payment” box.
- . The use of multiple accounts by the User to fulfill the Campaign on the same Computer or from many Computers from the same IP (multi-account) or using a VPN entitles CoinAxe to refuse to pay GUSD or GHX, to withhold a payment already made or temporary blocking of the possibility of participating in the Campaign. If the User does not have enough funds, his/her GUSD wallet or GHX wallet will be charged with a negative balance. The new funds will be used to repay this debt.
- The refusal to pay GUSD or GHX may take place in any case of breach of these Terms and Conditions by the User.
- All rights of the Portal Partners described in these Terms and Conditions apply only to the Campaign fulfilled by CoinAxe in cooperation with a given Portal Partner and are limited only to the specific Portal Partner in cooperation with which the Campaign is fulfilled.
§8 WITHDRAWALS AND DEPOSITS OF BITCOIN OR GHX TOKEN
- Withdrawals of Bitcoin or GHX to External Wallets are possible only in the Web Application or Mobile Application.
- The User may withdraw Bitcoin or GHX token disclosed in the individual User Account to his/her own External Wallets on the terms described below.
- Withdrawing Bitcoin to the External Wallet may only take place if the User accumulates and discloses in the User Account Bitcoins in the number not lower than the Minimum Withdrawal Limit.
- The withdrawal of GHX tokens to the External Wallet may only take place if the User accumulates and discloses in the User Account GHX tokens in the number not lower than the Minimum Withdrawal Limit.
- If the User does not reach the Minimum Withdrawal Limit, the withdrawal request is considered ineffective and therefore will not be processed.
- Customization of the External Wallet takes place by entering the addresses of the External Wallets in the User Account tab (“Withdrawal Settings”). COINAXE DOES NOT VERIFY THE EXTERNAL WALLET, IN PARTICULAR IN TERMS OF ITS SECURITY OR THE CORRECTNESS OF A WALLET ADDRESS ENTERED AND THE NETWORK CORRECTNESS. The payment of Bitcoin or GHX token to the External Wallet is at the sole risk of the User. The User acknowledges that the withdrawal operation of Bitcoin or GHX token is performed within the blockchain and CoinAxe has no influence on it, and that once the transfer is ordered, it cannot be undone.
- Withdrawals of Bitcoin or GHX token to External Wallets are executed no later than within four Business Days.
- A Transaction Fee will be charged for each withdrawal of Bitcoin or GHX token to the External Wallet. The Transaction Fee will be charged in the amount displayed each time in the Web Application or Mobile Application at the time the User submits a withdrawal request (prior to a withdrawal request). Users also have the option of ordering automatic recurring withdrawal. In this case, the amount of the Transaction Fee will be determined at the time of each withdrawal. Users will have the option to suspend automatic recurring withdrawal in the event that the Transaction Fee increases by more than 50% compared to the Transaction Fee displayed at the time User submits automatic recurring withdrawal request. CoinAxe reserves the right to disable or suspend the automatic recurring withdrawal set by the User.
- Withdrawals of Bitcoin or GHX token to External Wallets are possible only for Users with the 2FA option enabled, which is used as an authorization to withdraw Bitcoin or GHX tokens to the External Wallet.
§9 GAMERHASH STORE
- After collecting funds enabling the exchange of Bitcoin, GUSD or GHX for Digital Products, the User has the right to exchange for Digital Products currently available in GamerHash Store in both the Web Application and the Mobile Application.
- After clicking on a given Digital Product, the User can read a short description of a given Digital Product, as well as an area for which a given Digital Product is intended.
- Exchanges for the Digital Products in the GamerHash Store may be made with Bitcoin, GUSD or GHX available on the User’s Account or with other available Cryptocurrencies using Metamask. Currently available Cryptocurrencies enabling payment via Metamask will be visible each time when selecting a payment method.
- In order to exchange Bitcoin, GUSD or GHX for the Digital Products or to exchange Cryptocurrencies in the External Wallets using Metamask, the User should go to the Store tab in the Web Application or the Mobile Application. Once the Digital Product is selected, the User selects its quantity, the wallet from which he/she intends to make the exchange (Bitcoin, GUSD or GHX) and as well as the previously assigned PIN code (authorization), and then he/she expresses the willingness to make the exchange by clicking on the appropriate button. Upon accepting the exchange, the User acknowledges that the acceptance results in a deduction of his/her Bitcoin, GUSD or GHX balance or the balance in Metamask in the amount indicated each time for a given Digital Product. The value of each Digital Product is expressed in USD (US dollar). In the case of certain Digital Products, the Service Fee may be added and it will be included in the final price of each Digital Product expressed in USD and thereby the User will be advised about the amount of such Fee before he/she accepts a given transaction.
- All payments related to the exchange of Bitcoin, GUSD or GHX shown in the User Account or Cryptocurrencies using Metamask for the Digital Products are made at the time of acceptance of the execution of a given order. CoinAxe does not allow the execution of orders with a deferred date or as a result of creating a negative balance of Bitcoin, GUSD or GHX.
- With the acceptance of the above-mentioned exchange for the Digital Product which constitutes digital contents, the User, in particular who is a consumer, agrees to effecting by CoinAxe the obligation resulting from this transaction before the expiry of the period authorizing the User-consumer to withdraw from the concluded agreement and furthermore he/she acknowledges that then he/she is not entitled to withdraw from this agreement. BY ACCEPTING THE TERMS AND CONDITIONS AND EXCHANGE TO A DIGITAL PRODUCT, YOU EXPRESSLY AGREE TO THE LOSS OF THE RIGHT TO WITHDRAW FROM THE AGREEMENT AND YOU WAIVE ALL RELATED RIGHTS.
- After successfully completing the exchange process described in the point above, the User receives a unique digital code enabling the use of the Digital Product outside the Portal or Application environment. The User may use the received digital code in the place or on the platform defined in the description of the given Digital Product.
- CoinAxe reserves the right to introduce promotions regarding the Digital Products. If a promotion is introduced, they cannot be combined, unless the terms and conditions of a given promotion provide otherwise.
- CoinAxe may set a maximum number of Digital Products that can be exchanged in a single order. The above does not limit the User from the possibility of making several exchange transactions for the same Digital Product in a total amount exceeding the amount that can be exchanged within a single order.
- CoinAxe is liable to the User who is a consumer within the meaning of Article 2211 of the Civil Code, under the warranty for defects to the extent specified in the Civil Code.
- All complaints regarding Digital Products may be submitted by Users in writing, by registered mail to the address of the seat of CoinAxe or in a complaint form available individually for each purchased Digital Product, in the User orders tab. In a complaint, please indicate the return address or email address to which the reply is to be sent.
- Complaints will be considered by CoinAxe no later than within fourteen days from the date of receipt of a complaint.
- The User submitting the complaint should show in a complaint the data enabling the identification of the order and the contact address (email, correspondence address, telephone number) so that it will be possible to contact him/her in order to inform about the result of the complaint procedure, and he/she should also indicate the reason of a complaint, his/her request and a description of circumstances justifying a complaint.
- CoinAxe reserves the right to suspend executing an order or cancel an order in relation to which there is a suspicion that it has been placed in breach of the Terms and Conditions, as a result of a failure of the Portal or the Application or a failure in the tools of third parties providing information or tools used by CoinAxe for the functioning of the Portal or the Application.
§10 SHARED SOFTWARE
- The User has the option of mining the Cryptocurrencies using the Shared Software without the need to install the Desktop Application. Mining the Cryptocurrencies using the Shared Software is intended, in particular, for Users who want to mine the Cryptocurrencies using electronic devices other than the Computer which provides such a technical possibility, or the Computers that run on an operating system other than the operating systems for which the Desktop Application is intended.
- In order to connect the device referred to in §10 Section 1 of the Terms and Conditions with the Shared Software, the User downloads the appropriate link in the Web Application and then enters the downloaded link to the appropriate software on the device referred to in §10 Section 1 of the Terms and Conditions.
- Each device that has been connected with the Shared Software in the manner described in §10 Section 2 of the Terms and Conditions is automatically connected with the User Account which the link enabling the connection has been downloaded from and at the same time it appears in the User Account panel.
- After running the Shared Software on the device, the Shared Software automatically verifies the computing power of that device and selects the Cryptocurrency to be mined. The type of the mined Cryptocurrency depends on the type and computing power of this device. The computing power is determined by the parameters of the device. The greater the computing power, the greater the performance of the Shared Software. Regardless of the result of the automatic analysis, the User has the option to change the mined Cryptocurrency to one of the offered Cryptocurrencies.
- The User has the option to manage the device connected to the provided Software in the Web Application. With respect to other issues, the provisions of §5 Sections 6–13 of the Terms and Conditions shall apply accordingly.
§11 DATA SECURITY POLICY
- Data processing takes place in accordance with the Data Security Policy available at: https://gamerhash.com/en/privacy. Before registering, as referred to in §3 of the Terms and Conditions, the User should read the Data Security Policy.
- The User may independently manage his/her personal data after logging into the User
which also applies to adding Profile Picture i.e. a virtual image under which the User
Application, in accordance with the conditions set out below:
- hen registering while using the registration form the User may select the Profile Picture from the closed catalog of available icons;
- when registering while using the Facebook, the Steam platform or the Google account, Profile Pictures will be downloaded directly from the profile used by the User to register the Account.
- CoinAxe does not control data about the User that are automatically downloaded from the external profile of the User on Facebook, Steam or Google. The User can independently manage rights of CoinAxe to his/her personal data by configuring the profile settings accordingly. The principles of managing rights and access are available at:
- The Profile Picture may be visible to people from outside the Users’ area, including it may be generally available on the Internet. By posting the Profile Picture, the User states that he/she is aware of the above provisions.
- If the User uses a photo or a graphics uploaded by him/her to the Account as the Profile Picture, he/she states that he/she has full rights to this photo or graphics that entitle him/her to use the photo or graphics in this way. CoinAxe is not liable for photos or graphics uploaded by the User himself/herself.
§12 DELETION OF THE ACCOUNT
- CoinAxe reserves the right to suspend or delete the User Account which violates the provisions of the Terms and Conditions. The deletion of the User Account does not release the User from the obligation to redress damage inflicted on CoinAxe in the event of breach of the Terms and Conditions.
- The User is entitled to delete the User Account without giving any reason.
- The User has the option of deleting the User Account from the level of the Web Application or the Mobile Application.
- In order to delete the User Account from the level of the Mobile Application, the User should go to the Mobile Application settings and select the “Delete Account” option. After selecting this option, the User will be asked to confirm the deletion of the User Account, and also informed about the consequences of deleting the User Account. If confirmed, the User Account will be deleted.
- In order to delete the User Account from the level of the Web Application, the User should go to the settings of the Web Application and select the “I want to delete GamerHash Account” option. After selecting this option, the User will be asked to confirm the deletion of the User Account, and also informed about the consequences of deleting the User Account. If confirmed, the User Account will be deleted.
- If the User carries out one of the procedures for deleting the User Account as referred to in §11 Sections 4-5 of the Terms and Conditions, the User acknowledges that from the moment of accepting the deletion of the User Account, he/she will have access to the User Account only for 14 days. If, in the period referred to in the preceding sentence, the User does not issue a payment order for Bitcoin or GHX tokens to the External Wallet or does not use Bitcoin or GHX tokens collected at GamerHash Store, Bitcoin or GHX tokens will become the property of CoinAxe after deleting the User Account and the User waives any claims against CoinAxe in this regard. If the User does not issue the payment order referred to in the preceding sentence, before deleting the User Account, CoinAxe will request the User to indicate the address of the External Wallets to which Bitcon or GHX are to be sent.
- . If the User Account is deleted, regardless of the grounds for deletion, the User is obliged to permanently delete the Application and its copies, if any, downloaded to the Devices.
§13 COMPLAINTS CONCERNING THE FUNCTIONING OF THE APPLICATIONS
- The User may submit complaints regarding the functioning of the Applications.
- Complaints may be submitted in writing in the form of a registered letter sent to the address: ul. Marii Konopnickiej 16/3A, 60-771 Poznań, Poland, or by sending a message to the email address: [email protected].
- A complaint should include an indication of the name under which the User has set up the User Account on the Portal, the User’s email address assigned to the User Account and a description of an event which is the subject of a complaint. If the data or information provided in a complaint need to be supplemented, before examining a complaint, CoinAxe will ask the User to supplement it in respect of the required scope and by the time indicated.
- Complaints will be considered within 14 days from the date of receipt of a properly submitted complaint (containing the required elements and not requiring further information) by CoinAxe.
- The User will be informed about the method of examining a complaint via a message sent to the email address assigned to his/her User Account.
- CoinAxe provides services as available and without any express or implied warranty of any kind.
- The User is aware of the risks associated with the use of the Portal or the Application
the risks. Specifically, the User is aware of the following:
- the usage factor of the Computer as a result of downloading and subsequent use of the Desktop Application, including the possibility of its damage or destruction, technical requirements of the Desktop Application, including the consumption of electricity by the Computer in connection with mining of Cryptocurrencies;
- the usage factor of the Device as a result of the download and subsequent use of the Shared Software, including the possibility of its damage or destruction, the technical requirements of the Shared Software, including the consumption of electricity by the Device in connection with mining Cryptocurrencies;
- the usage factor of the Device as a result of downloading and subsequent use of the Application, including the possibility of its damage or destruction, the technical requirements of the Application, including the consumption of electricity by the Device;
- cryptocurrency exchange rate fluctuations e.g. Bitcoin, including their possible volatility and the consequences arising therefrom;
- no guarantee of mining Cryptocurrencies using the Desktop Application at all, including at the level expected by the User;
- the innovative nature of the Portal and the Application and the resulting possibility of errors in their functioning;
- a legislative risk, in particular the possibility of introducing legal regulations that exclude mining, exchange or conversion of the Cryptocurrencies or Bitcoin;
- . possible abuse by a third party, including hacking into the User Account, changing its settings or stealing the Cryptocurrencies, including Bitcoin;
- other risks resulting from the functioning of the Portal or the Application, affecting the personal and financial situation of the User and the owners or holders of the Devices used by the User.
§15 DISCLAIMER OF LIABILITY
- CoinAxe states that the Portal and the Applications are innovative solutions and as such cannot be covered by the guarantee of proper functioning, including the absence of errors or faults. Specifically, CoinAxe cannot guarantee full compatibility of the Application with the Devices, including the Computers, and that the User will achieve a certain level of Cryptocurrency mining.
- CoinAxe does not control the current rates of the Cryptocurrencies or Bitcoin. A decision to mine the Cryptocurrencies using the Application is a voluntary and informed decision of the User.
- CoinAxe is not liable for actions of a third party, in particular, is not liable for damages caused by persons who received access to the Account or the External Wallet or Metamask as a result of illegal activities or actions of the User himself/herself (improperly securing the Account or the External Wallet, sharing a password or login, leaving an open access to the Account or the External Wallet).
- CoinAxe is not liable for the User’s legal and fiscal settlements. The User is personally liable for fulfilling all legal and fiscal requirements in connection with the use of the Application or the use of Bitcoin or GHX token as part of the exchange, conversion or as a means of payment, in particular, the User is liable for submitting appropriate declarations and making appropriate settlements. The User acknowledges that he/she is obliged to establish and possibly settle all tax and fiscal liabilities related to the use of the Application, including the mining of the Cryptocurrencies or the exchange of Bitcoin, GUSD or GHX for the Digital Products. The User acknowledges that CoinAxe neither makes any tax deductions from the User, nor it pays any taxes on behalf of the User or for the User.
- CoinAxe is not liable for damages caused to a third party as a result of the Users’ actions or omissions, in particular CoinAxe is not liable in the event of downloading the Application to a third party’s Device without his/her knowledge or consent or without the knowledge and consent of the functionalities of the Application.
§16 GOVERNING LAW
- With the exception of the conflict of law rules under international law, the law applicable to the settlement of any disputes arising from the conclusion, implementation or expiry of the legal relationship between the User and CoinAxe Sp. z o.o. is the law of the Republic of Poland.
- In the event that individual provisions of the Terms and Conditions are considered invalid, in particular due to the violation of the legal order of the state whose law is applicable as a result of the application of the conflict of laws rules referred to in Section 1 above, the remaining provisions of the Terms and Conditions shall remain in force, and an invalid provision shall be replaced by a provision consistent with the basic principles and objectives of the Terms and Conditions.
- In the event of disputes with the Users, including those concerning the status of consumers, any conflicts should be resolved amicably. The User who is a consumer may request a dispute to be resolved to a permanent arbitral consumer court, to the Provincial Inspector of the Trade Inspection, to the Municipal Consumer Ombudsman or to a social organization whose statutory tasks include consumer protection. Detailed information, contact details and a list of consumer arbitration courts can be found on the website of the Office of Competition and Consumer Protection. At https://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) through which the User may submit a complaint. The ODR platform is an interactive and multilingual website with a one stop shop for consumers and entrepreneurs seeking out-of-court dispute resolution. The above mentioned possibilities do not exclude the User’s right to assert his/her rights in court.
§17 AMENDMENT OF THE TERMS AND CONDITIONS
- CoinAxe reserves the right to amend the Terms and Conditions in the following cases:
- the occurrence of important technical and organizational reasons, such as the emergence of new technologies or IT systems that affect the provision of services;
- changes in generally applicable laws affecting the Applications;
- the need to adapt the Terms and Conditions along with court judgments or administrative decisions;
- the need to remove ambiguities that may appear in the Terms and Conditions;
- changes in the rules of functioning or development of the Portal or the Applications, including their components, in a way that affects the provisions of the Terms and Conditions;
- change of address data, names, identification numbers, email addresses or links included in the Terms and Conditions;
- the need to clarify the provisions of the Terms and Conditions or any other factual changes that affect the content of the Terms and Conditions.
- Amendments of the Terms and Conditions shall not:
- result in the need for the User to pay remuneration or additional fees;
- violate the essence of the concluded agreement for the provision of electronic services and other agreements between the User and CoinAxe.
- CoinAxe shall notify the User about an amendment of the Terms and Conditions no later than 14 days prior to the effective date of the amendment, via a push-up notification, once the publication of information about an amendment appears and until the effective date of an amendment, while starting the Application and logging into it for the first time. At the same time CoinAxe shall publish the updated content of the Terms and Conditions.
- An amendment of the Terms and Conditions becomes effective on the date indicated in the notification and announcement, unless the User, within 14 days from receipt of the amended Terms and Conditions, submits a declaration by email ([email protected]) that he/she does not consent to the amended Terms and Conditions being applicable to him/her. In this case, the User is obliged to immediately order the payment of Bitcoin or GHX to the External Wallets and to delete the User Account in accordance with the provisions of §9 of the Terms and Conditions. If the User Account is not deleted or the User continues to use the Portal or the Application, it is considered that the User has consented to the new wording of the Terms and Conditions and thereby it is binding for him.
§18 FINAL PROVISIONS
- CoinAxe reserves the right to organize marketing campaigns aimed at, inter alia, promotions of GHX token or the Applications. The principles of possible marketing actions shall be published in separate documents.
- CoinAxe reserves the right to temporarily block the User’s Account in the event of a breach by the User of the provisions of the Terms and Conditions.