SCRYPTCUBE MINING LP TERMS OF SERVICE

These Terms of Service (hereinafter referred to as "ToS") constitute the agreement between you as the customer (hereinafter referred to as "you" or "your" or "Customer") and ScryptCube Mining LP (hereinafter referred to as "ScryptCube Mining", "ScryptCube" "SC", "we", "us" or "our") as the service provider, concerning your use of SC’s shared computing power services (hereinafter referred to as "Service" or "Services") whether through SC’s websites, meaning scryptcube.com and any of its subdomains or other websites which we use to provide the Services (hereinafter referred to as "Website"), SC’s mobile application, or through any other SC provided interactive platforms (hereinafter referred to as "Interactive Platform" or "Interactive Platforms")

By accessing SC's Services in any way or form, including using SC's Interactive Platforms and creating an account with SC, you hereby agree to be bound by the terms of the ToS and confirm to have read and understood SC’s Privacy Policy (available at https://scryptcube.com/privacy-policy), which in whole will act as a binding agreement between SC and you (the "Agreement").
SC may amend the Agreement from time to time, pursuant to section 18 of these ToS.

If you do not agree with the terms of the ToS or any future amendments to the ToS, you should not make an account with SC, visit SC’s Website, download the mobile application, or use SC’s other Interactive Platforms in any way, and you should immediately stop using SC’s Website, mobile application, and other Interactive Platforms or Services in general.

If you have any objections to any future changes to the Agreement, you should immediately take the following steps:

  1. Stop using the Services provided by SC;
  2. Notify SC of your decision to stop using the SC Services using any means made available to you by SC;
  3. After your notification has been received, you will receive instructions for withdrawing all Cryptocurrency from your Balance(s) (the "Withdrawal Instructions"), subject to a Withdrawal Fee. Depending on the status of your Account (e.g. suspended, restricted pending verification, etc.), you may be instructed to take additional steps before being able to withdraw, including but not limited to providing Personally Identifiable Information ("PII"). Upon satisfaction of such additional steps, you will receive the Withdrawal Instructions.
  4. After you have withdrawn all Cryptocurrency from your Balance(s), and no later than fourteen days after receiving the Withdrawal Instructions, you must select the “TERMINATE MY ACCOUNT” option on the Website or SC’s mobile application, review the warning and disclaimer that appears, and confirm your selection to terminate your Account. If you do not complete this step within this deadline, you will be waiving any and all objections to the Agreement and all then-existing changes, and you will be agreeing to be bound to all terms therein.

IT IS ESSENTIAL THAT YOU WITHDRAW ANY CRYPTOCURRENCY FROM ALL OF YOUR BALANCES BEFORE TERMINATING YOUR ACCOUNT. ANY AND ALL BALANCES WILL BE NULLIFIED UPON TERMINATION OF YOUR ACCOUNT. SC IS UNDER NO OBLIGATION TO TRANSMIT ANY UNPROCESSED OR UNFINISHED SERVICES OR TO PROVIDE ANY REFUNDS TO YOU OR ANY THIRD PARTY.

These ToS in their entirety will remain effective (to the extent relevant) even after your Account has been terminated and/or after your Contracts have expired and/or are no longer active. Account termination and/or the expiration of Contracts will have no effect whatsoever on the rights and obligations that arose before the termination or expiration, or to the rights and obligations that are indefinitely effective by their nature even in case the Customer has not even made an Account, placed any Orders or managed to acquire any Contracts.

  1. Definitions
    1. To eliminate the possibility of any misinterpretation, below are the terms used in these ToS and their appropriate definitions in alphabetical order:
      1. "SC", "we", "us" or "our" is the company ScryptCube Mining LP (registry code SL026501, registered address 8 Church Street, Suite 16, Inverness, IV1 1EA, Scotland, United Kingdom).
      2. your "Account" is your access to the Service, described further in section 5.
      3. your "Balance" is the net amount of Cryptocurrency attributable to you as a result of the Service, described further in section 8.
      4. a “Contract” is a purchasable unit of the Service that SC offers to Customers.
      5. a "Contract Term" is a parameter of a Contract meaning the period of time from the moment the Contract first becomes active to the Contract’s expiration, the last day being the date of expiry.
      6. "Cryptocurrency" or "Cryptocurrencies" refers to distributed, decentralized peer-to-peer digital currencies operating on the blockchain technology, such as Bitcoin ("BTC") and Ethereum ("ETH").
      7. a "Customer" is a person or entity accessing SC’s Interactive Platforms and/or using SC’s Services in any way.
      8. "Hashrate" or "Hash Rate" is the computing power of the Mining Hardware used to mine Cryptocurrencies, measured in hashes per second (h/s).
      9. "Hold" is the state a Wallet Address can be placed in that prevents Withdrawals to the said Wallet Address, used as a security measure.
      10. an "Interactive Platform" is either SC’s Website or mobile application that you can use to access SC's Services.
      11. the "Minimum and Maximum Requirements" means the minimum and maximum amount of any given Cryptocurrency that may be transferred under any particular Withdrawal. The current Minimum and Maximum Requirements are specifically identified at (https://scryptcube.zendesk.com/hc/en-us/articles/360016991899-Bitcoin-balance-transfer-limits) which this Agreement incorporates by reference.
      12. "Mining" is a process of validating Cryptocurrency transactions and recording them to the Cryptocurrency's blockchain using cryptographic functions run on specialized hardware that (a) results in the emission of Cryptocurrency units and (b) rewards the entity performing the process.
      13. a "Mining Contract" is a Contract for Cryptocurrency Mining. Any Mining Contract is for a specified amount of Hashrate of a specific algorithm, and for a specified period of time. An active Mining Contract obliges SC to provide Yield to the Customer's Balance while said Contract remains active.
      14. the "Mining Hardware" is the computer hardware producing the Mining capacity available to SC to mine Cryptocurrencies.
      15. a "Mining Pool" is the concept of pooling computing power by operators of Mining equipment for the purpose of increasing the probability of finding a block and then splitting the reward among all participating operators.
      16. a "Provider" is an entity operating the Mining Hardware. The Provider is making the respective Hashrate available to SC’s Customers via an Interactive Platform.
      17. "Operating Fees" are expenses connected to the operation of Mining Hardware and other equipment required to provide the Services. They are deducted from Yields if the Contract is subject to Operating Fees.
      18. an "Order" is the Customer's request to purchase a Contract from SC.
      19. a "Pre-order" is a Contract with a start date in the future. Start date is estimated and is subject to change due to availability.
      20. Reinvest” is a feature that allows automatic purchasing of Contracts on a daily basis, if the Customer has enough Balance.
      21. the "Service" or "Services" means usage of the Interactive Platform made available by SC with the purpose of accessing Hashrate made available and operated by the Providers.
      22. the "Support" or "Customer Support" is the technical support service of SC that is provided via email/ticket system and the SC knowledge base/FAQ, available at scryptcube.zendesk.com/hc/en-us or via other channels, as may be communicated by SC from time to time, where Customers can find answers to general questions and request assistance by submitting a ticket.
      23. your "Yield" is the amount of Cryptocurrency that is periodically added to your Balance for an active Contract.
      24. your "Wallet Address" is a Cryptocurrency wallet address used for Withdrawals that you can add to your Account.
      25. the "Website" is scryptcube.com and any of its subdomains or other websites which we use to provide the Services.
      26. a "Withdrawal" is the process of transferring Cryptocurrency from Balance to a registered Wallet Address.
      27. a "Withdrawal Fee" is the amount Providers charge the Customer at every Withdrawal, see clause 8.13.
    2. If there is ever a conflict between the ToS and the instructions, guidance and similar information found on any of SC’s Interactive Platforms, the ToS will prevail.
    3. The Agreement applies to any Mining you undertake by using SC’s Interactive Platforms and/or SC’s Services in general, and it forms a legally binding agreement between you and SC upon the acceptance of your application for an Account (as set out below).
  2. Service description
    1. SC holds, administers, and makes available a shared computing power platform which, as a part of the Service, allows Customers to request through SC to perform Cryptocurrency Mining using Hashrate made available and operated by the Providers. SC also provides the Customer the ability to use SC’s Interactive Platforms to administer the Customer’s Account, Contract(s), Balance, and use other disclosed functions.
    2. SC provides and maintains its Services on an "as is" and "as available" basis and is responsible only for providing Services at its best effort with reasonable skill and care, taking no liability whatsoever for any malfunctions, inaccuracies, delays, or defaults in whatever form and time that may occur for the Customer while using SC’s Services.
    3. SC emphasizes that it does not directly own all relevant parts necessary and directly or indirectly related to the Services provided by SC (e.g. internet, third-party payment processors, Mining Hardware to produce the Mining capacity to mine Cryptocurrencies, source platform to manage the Mining Pool in where the mined Cryptocurrencies are held, etc). Thus any faults that may occur regarding the performance of third parties are at the Customer’s sole risk. SC cannot be held liable for any faults that may occur regarding the performance of any third party or the unavailability of or technical malfunction of any infrastructure, including the Mining Hardware.
    4. Mining Contracts do not constitute physical ownership of the mining hardware used to capacitate the Hashrate for the Mining Contracts. Especially since a Mining Contract can be purchased for a smaller amount of Hashrate and the Hashrate of a single Mining Hardware unit may be allocated to several Customers at the same time.
  3. Risk notice
    1. Actions with Cryptocurrencies carry inherent risks due to a number of factors outside of SC’s control. Due to those risks you understand and agree that any Contract or any amount of mined Cryptocurrency may lose all value at any moment of time due to the nature of Cryptocurrencies. These factors include but are not limited to:
      1. changes of Mining difficulty and/or other Mining parameters/properties including but not limited to the market demand for Mining, Mining equipment becoming obsolete, depreciated or any other technical malfunctions that may occur;
      2. risks related to cryptocurrencies coming from any uncertainty of legal status and/or fluctuating price (fiat currency to Cryptocurrency exchange rate, such as USD/BTC), or from any other factor.
    2. You understand that you are solely responsible for the management of the Cryptocurrencies in your Balance(s) as well as any losses or charges incurred by any third-party entity. You accept and agree that SC does not bear any responsibility for the outcome caused to you by any factor(s) outside of SC’s direct control.
    3. Any information related to Cryptocurrency and Cryptocurrency Mining that is/was posted, published and/or provided by SC via any channel of communication (including but not limited to SC’s Interactive Platforms, Customer Support, email newsletter, social media, and/or any other means) may be subject to change. SC holds no liability coming from that information and is not responsible for any consequences that may follow when you (or any third party to whom the information is disclosed) makes decisions based on such information. SC emphasizes that it is <b><u>not</u></b> an investment advisor and does not provide or intend to provide investment advice. Any Cryptocurrency-related decision is independently made at the sole liability of the Customer. This includes but is not limited to using Cryptocurrency in any way (purchase, sell, exchange etc.), as well as taking measures of any kind for the purpose of acquiring them (purchasing additional Mining capacity, personal Mining equipment etc.). SC encourages the Customer to seek independent advice prior to making any Service purchase from SC.
    4. SC does not warrant that any objectives, assumptions, expectations, strategies and/or purposes expressed or implied by information on SC’s Interactive Platforms have been or will be fulfilled. Even if SC discloses information about the elements mentioned (objectives, assumptions, expectations, strategies etc.), they must be considered as non-binding indications/indicative suggestions, never warranties of any kind whatsoever. More specifically, in addition to what was previously mentioned, it is not possible for SC to state definitively how many Cryptocurrency units will be: (a) mined by any specific Mining Contract of any algorithm and Hashrate or (b) contained in the Yields of said Mining Contract.
    5. 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 Hashrate specified in your Mining Contract or result in the elimination of support for certain Mining Contracts altogether. SC 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.
  4. Cryptocurrencies
    1. You must not buy, sell, exchange, hold, own, mine, or otherwise use or exploit Cryptocurrencies in any way which is prohibited by the laws or regulations which apply to you.
    2. Cryptocurrencies may not be appropriate for everyone. Before engaging in activities with Cryptocurrencies you should learn about them to ensure that they are appropriate for you. Like all currencies, there are disadvantages to using Cryptocurrencies. Risks particular to Cryptocurrencies include but are not limited to:
      1. exchange rate fluctuation - the exchange rate of any Cryptocurrency may change significantly in a short period of time, which may result in dramatic loss of value;
      2. transaction confirmation time - confirmation of a Cryptocurrency transaction may take a very long time (sometimes days, weeks, or even months), depending on a number of reasons associated with the Cryptocurrency's blockchain, such as disruption, congestion, instability, and other operational factors;
      3. transactions in Cryptocurrencies are irreversible - if you send any amount of any Cryptocurrency to the wrong address, you will likely be unable to recover those funds;
      4. unknown technical defects inherent in Cryptocurrencies;
      5. known properties of Cryptocurrency generation algorithms (such as block reward halving);
      6. changes to the Cryptocurrency source code;
      7. laws and/or regulations which impact the use of Cryptocurrencies; and
      8. Cryptocurrencies may be lost if you lose or forget any PINs or passwords necessary to access and use those Cryptocurrencies.
    3. By agreeing to the ToS or by using the Service, you are indicating that you understand, are capable of understanding, and accept the risks associated with Cryptocurrencies and the underlying technology. To clarify, SC emphasizes that it has no control over the aspects mentioned above. This means that among other reasons set out in these ToS, your involvement and actions with Cryptocurrencies are your sole responsibility, and SC does not hold any liability whatsoever that may be caused to you or to any third party by the aspects brought out in the hereby chapter.
  5. Registration and Account
    1. By applying to register an Account with SC, you are making an offer to enter into an agreement on terms stipulated in these ToS. Once submitted, you may not withdraw your application to register.
    2. Only SC can decide whether applications will be accepted. If your application is accepted, a legal and enforceable agreement will be entered between you and SC.
    3. By applying to register an Account you are confirming that you understand and accept (and are able to understand and accept) these ToS and understand (and are able to understand) the Privacy Policy, and you agree to be bound by them.
    4. By applying to register for an Account you confirm that:
      1. you are 18 years old or over and have full civil capacity to be bound by this Agreement, or, if applicable, you are an authorized employee, director or representative of a legal entity who has full powers to legally bind such legal entity by this Agreement;
      2. it is lawful for you to do so and does not violate your obligations to any other third party; and
      3. you accept and use the Services provided by SC in accordance with applicable laws and regulations and policies in your country of residence.
    5. If you find out that you are unable to commit to any provision of clause 5.4 of this section for any reason, including due to changes in facts or laws and regulations, you should immediately:
      1. stop using the Services provided by SC;
      2. notify the Customer Support of your decision to stop using the SC Services, specifically referring to this subclause 5.5.2;
      3. After your notification has been received, you will receive instructions for withdrawing all Cryptocurrency from your Balance(s) (the "Withdrawal Instructions"), subject to a Withdrawal Fee. Depending on the status of your Account (e.g. suspended, restricted pending verification, etc.), you may be instructed to take additional steps before being able to withdraw, including but not limited to providing Personally Identifiable Information (“PII”). Upon satisfaction of such additional steps, you will receive the Withdrawal Instructions.
      4. After you have withdrawn all Cryptocurrency from your Balance(s), you must select the “TERMINATE MY ACCOUNT” option on the Website or SC’s mobile application, review the warning and disclaimer that appears, and confirm your selection to terminate your Account. IT IS ESSENTIAL THAT YOU WITHDRAW ANY CRYPTOCURRENCY FROM ALL OF YOUR BALANCES BEFORE TERMINATING YOUR ACCOUNT. ANY AND ALL BALANCES WILL BE NULLIFIED UPON TERMINATION OF YOUR ACCOUNT. SC IS UNDER NO OBLIGATION TO TRANSMIT ANY UNPROCESSED OR UNFINISHED SERVICES OR TO PROVIDE ANY REFUNDS TO YOU OR ANY THIRD PARTY.
    6. To register an Account you will need to submit certain personal information, a valid email address (that will be used as "Username" and for Customer identification), a password ("Password"), your address, country of residence, and date of birth. If you are creating or holding an Account for a legal entity, you will additionally need to submit corporate information, including company legal name, legal address and country of legal residence, VAT number (if available) as well as any other details as may be required by the applicable laws. Please refer to our Privacy Policy for more information on how SC stores and manages your data.
    7. You will need your Username and Password to access some parts of SC’s Interactive Platforms. Your Username and Password are personal to you and must not be disclosed to any other person. You can change your Username by contacting Customer Support. You can change and reset your Password using SC's Interactive Platforms.
    8. The number of Accounts is limited to 1 for each Customer.
    9. SC may request you to provide Personally Identifiable Information (“PII”) and/or financial information for KYC (Know Your Customer) and AML (Anti-Money Laundering) procedures with the primary purpose of combating fraud such as carding. SC shall have the right to keep an up-to-date identity record of the Customer and ask at any time for relevant incremental information as determined in its sole discretion. This may include photographic identification and a recent proof of address. We may also undertake our own identity, fraud, and credit checks. SC may pass on to the Customer any cost consequences in connection with incorrect or incomplete information provided by the Customer in this respect.
    10. You must ensure that all information about you that is held by us is true, accurate, complete, lawful, not misleading, and up to date. If there is any change in your PII provided to SC, you must notify SC about the changes immediately by changing your PII on your Account.
    11. SC reserves the right to impose limitations and restrictions on your Account based on the results of the procedures or checks mentioned in clause 5.9, including but not limited to suspending or terminating your use of SC’s Services.
    12. You can use SC’s Interactive Platforms to amend or update your Account information (including password, PII, contact details, Wallet Addresses, and other information).
    13. If for any reason you lose access to your Account, SC may ask you to provide certain types of data, including PII, to determine ownership of the Account. This may include, but is not limited to: proof of identity; proof of residence; proof of telephone number/email ownership, and any identifiable activity on the Interactive Platforms, such as transaction IDs, Contract details, Withdrawal amounts, and others.
  6. Use of your Account
    1. Only you can use your Account and the Services provided by SC and solely for your own benefit. By using SC’s Interactive Platforms and/or SC’s Services in general, you confirm that you are not acting for the benefit of any other person or entity. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this Agreement and you agree to be bound by the ToS on behalf of such organization.
    2. We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any of your use of SC’s Interactive Platforms and/or SC’s Services in general or any other use of your Username and Password.
    3. You may only have one Account. If you forget your Username or Password, you can use the password recovery option or contact Customer Support. If you lose access to one Account, you are prohibited to establish a new Account, before resolving this issue (either regaining access to or terminating the existing Account) in full .
    4. Do not share your password with any other person or allow any other person to use your Account. We are not liable for any improper use of your Account by you or any other person. If You have reasons to believe that any other person knows your password, or that your Account has been used by any other person, you must inform Customer Support immediately.
    5. SC emphasizes that it is not responsible for the improper use of your Account by you or any other third party, or for the consequences and losses caused by that. You are solely responsible for the Wallet Address that you add to your Account, as well as for safeguarding all your login credentials.
    6. You must log into your Account at least once every 12 months and carry sole liability on violating this obligation. If you do not log into your Account for 12 months, we shall have the right to terminate your Account (see clause 7.10).
  7. Breach, suspension and termination
    1. Without limiting any other rights we may have, in case of a material breach of any of the terms in the Agreement, depending on the severity of such breach we may place a Hold on any of your Wallet Addresses, suspend or terminate access to your Account, SC’s Interactive Platforms and/or SC’s Services in general, nullify your Balance. For the avoidance of doubt, exploits, hacks, stealing information, fraud or any other activity that violates the terms of the Agreement and potentially causes or has caused material damages constitutes a material breach.
    2. SC reserves the right to deactivate or terminate an Account or otherwise impose limitations and restrictions on the Account for any violation of this Agreement by the Customer and demand monetary compensation for the relevant losses suffered by SC (including but not limited to failure to pay for the Contract according to the Agreement, requesting a chargeback, illegality of providing the Service to the Customer in their country of residence, etc.).
    3. To reduce the possibility of breach of this Agreement or any applicable laws, SC reserves the right to perform reasonable security checks on your personal data, contracts, withdrawals or any other aspects related directly or indirectly to making sure that you will not act in breach with any laws applicable to you.
    4. If we have grounds to suspect that you are using SC’s Interactive Platforms and/or SC’s Services in general fraudulently or improperly, we will suspend your Account or any other means of access to SC’s Interactive Platforms until you are able to demonstrate to our satisfaction that no fraud or impropriety has occurred or been attempted.
    5. We will try to give you reasonable notice of any anticipated termination of any of SC’s Interactive Platforms and/or SC’s Services in general.
    6. If you become aware of or suspect another Customer's breach of these ToS or any fraud or impropriety by another Customer, you must contact us immediately.
    7. In case of any Credit Card purchase, SC has the right to place one or more Wallet Address(es) on your Account on Hold for a period of up to 30 days as a security measure of anti-fraud related regulations and policies.
    8. We may deactivate your Account if all of the following criteria are met:
      1. your Account has no active Contracts;
      2. your Account has no Contracts with a start date in the future;
      3. your Account has no available Cryptocurrency units on any Balances;
      4. your Account has no Balance changes in the last 6 months; and
      5. your Account has no logins in the last 6 months.
    9. If your Account is deactivated, you will not be able to log in. You will have to contact Customer Support to reactivate your account.
    10. You must log into your Account at least once every 12 months and carry sole liability on violating this obligation. If you do not log into your Account for 12 months, we shall have the right to terminate your Account. We will make reasonable attempts to notify you in advance. If we are unable to contact you, or you do not take any action to prevent Account termination, your Balance will be nullified.
  8. Balance, Yields and Withdrawals
    1. Balance displayed on the Interactive Platform reflects the actual amount of Cryptocurrency held in the relevant Mining Pool and attributable to you.
    2. For the avoidance of doubt, SC does not store any Cryptocurrencies you receive from your Contracts.
    3. Balances are Cryptocurrency-specific. Your Account will have Balances for each Cryptocurrency made available to you as a result of the Service.
    4. We may introduce new Balances to support new Cryptocurrencies or remove Balances of Cryptocurrencies which are no longer in use at any time.
    5. Yields generated by your active Contracts are added to your Balance. By default, your Balance on the Interactive Platforms is updated once every 24 hours. SC may change the frequency of updating the Balance Yield at any time.
    6. Some Mining Contracts may produce Yields in a Cryptocurrency different to the Cryptocurrency mined by said Contracts. In this case, the exchange rate between the Cryptocurrencies on major exchanges at the moment of the Yield will be used to calculate the Yield amount. The exchange rates applicable will be queried via API from a third party, such as coinmarketcap.com, bitstamp.com, or an alternative.
    7. Balance can be used in the following ways:
      1. to request a Withdrawal;
      2. to purchase a Mining Contract.
    8. Unless stated otherwise, you can request a Withdrawal at any time to transfer Cryptocurrency from your Balance to your Wallet Address registered in your profile data with SC, provided the request meets the Minimum and Maximum Requirements.
    9. The Minimum Requirement is set and enforced by the Mining Pool where your Cryptocurrencies are stored.
    10. The Maximum Requirement is set and enforced by SC and/or the Providers for the primary purpose of preventing unauthorized Withdrawals and undue losses in case of material errors.
    11. SC may, from time to time, refer the Customer to third-party services offering cryptographic key storage services and/or Cryptocurrency exchange services. Usage of any such service shall be governed exclusively by the terms of the service thereof. SC denies all responsibility for the performance of such services by the third party. Nonetheless, if the Customer expressed intent on using the service, SC may share with such providers certain PII about you to the extent that it is necessary for such services to facilitate a Customer. You must refer to the third party service provider’s own privacy policy regarding the manner that the third party stores and manages your data.
    12. The Withdrawal request will be created, if all of the following conditions are met:
      1. the Balance is equal to or greater than the entered Withdrawal amount plus the Withdrawal Fee;
      2. the Withdrawal amount meets the Minimum and Maximum Requirements;
      3. all necessary security KYC/AML checks have been passed;
      4. your Balance and Account status permit you to make Withdrawals; and
      5. there is no Hold on your Wallet Address.
    13. Due to the nature of Cryptocurrencies, there are network fees associated with initiating transactions. The Provider imposes a Withdrawal Fee upon any Withdrawal request. The current Withdrawal Fee will be displayed at the time of requesting a Withdrawal. The Withdrawal Fee is subject to change at the Provider's sole discretion. It is important to note that the Withdrawal Fee may change at any time until the Withdrawal request is created. The Withdrawal Fee will be deducted from the Balance. To request a Withdrawal your Balance must be equal or greater than the sum of the Withdrawal amount and the Withdrawal Fee. Withdrawal Fees are non-refundable.
    14. SC reserves the right to make retroactive changes to displayed Yields, Operating Fees, Withdrawals, Withdrawal Fees, Contracts, and logs that may result in changes to Balance, if SC deems it necessary under the circumstances. This includes but is not limited to changes in the event of any material error occurring in the Service, or to correct any mistakes or discrepancies occurring either on SC’s side or the Providers’.
    15. From time to time, a Balance may become negative due to technical errors or otherwise. In such case, the Balance must become positive above the Minimum Requirement before any Withdrawals and/or purchases of Contracts can be made using the Balance.
  9. Operating Fees
    1. We provide a platform which enables you to order SC to request from the Provider to mine cryptocurrencies to your Balance using the Mining capacity available to the Provider. To carry out these Services, the Provider incurs certain expenses (whether directly or indirectly), including electrical and maintenance costs of the Mining Hardware and other equipment required for Mining Hardware operation. The maintenance costs include but are not limited to: hardware setup, data center rent, staff salaries, future planning and proofing, software development, exchange of used and out of order parts and other expenditures required to render the Service on a best-effort basis.
    2. For the avoidance of doubt, SC does not own the Mining Hardware or any of the equipment that is directly used to perform the duties to you. It relies solely on the Mining capacity made available to SC by the Provider. SC pays certain fees based on these costs which the Providers directly or indirectly bear, and they are passed on to SC as indirect expenses. Notwithstanding the current arrangement, SC may (and hereby reserves the right to) come to own some or all of the Mining Hardware and/or equipment directly used to perform the duties to you, at which point SC will directly bear the aforementioned costs for the respective Mining Hardware and/or equipment. These costs, whether directly or indirectly incurred by SC, form the basis for the Operating Fees under any Mining Contract.
    3. Accordingly, SC may charge the Customer these Operating Fees incl. any VAT if applicable, depending on the specific Contract. You understand and agree that any specific Operating Fees that SC may charge you will be stipulated in the specific Contract. If you cannot accept the Operating Fees stipulated in the Contract, you should not place an Order for this Contract. Some Contracts are not subject to periodic Operating Fees. The presence and amount of Operating Fees for each Contract are specified in the Contract details and are displayed on the Interactive Platforms prior to purchase.
    4. You understand and agree: as there can be changes in the computing power/difficulty of Mining or other factors which SC cannot directly or indirectly influence, such as changes in the elements of maintenance costs, as well as in the fees which the Providers may charge SC and the price of the Mining Hardware made available to SC. Due to the latter SC will adjust its prices for Mining Contracts periodically.
    5. The Operating Fees are deducted from the Yield(s) for all active Contracts where the Operating Fees are applicable. Operating Fees are converted from USD to a Cryptocurrency equivalent at the time of calculation according to the appropriate Cryptocurrency/USD exchange rate. The exchange rates applicable will be queried via API from a third party, such as coinmarketcap.com, bitstamp.com or an alternative source, in any event chosen at the sole discretion of the Provider.
    6. Due to factors outside of SC's control, it is possible that the Operating Fees amount may be greater than the Yield. In such case, the amount deducted from the Yield (as Operating Fees) will not exceed the Yield. The lowest amount a Yield can be is 0.
    7. SC reserves the right to change the Operating Fees at any time. SC will notify you of such changes and in the event of an increase of the Operating Fees inform you of your right and the deadline to terminate the Agreement if you do not accept such increase (please refer to clause 11.12).
    8. Operating Fees are non-refundable.
  10. Orders and Contracts
    1. When you have an Account, you may submit an Order to SC to purchase a Contract. This Order will allow you to choose the Hashrate amount and the algorithm in case of a Mining Contract. Only SC can decide whether Orders will be accepted, and acceptance is subject to availability, among other things.
    2. Your Order is a request to acquire a Contract to receive our Services and does not represent a formed Contract. Request does not mean that SC has accepted your Order. SC reserves the right to refuse or accept your Orders at SC’s sole discretion.
    3. If we accept your Order, a Contract is created between SC and you for the Services ordered in your request and the Contract will be associated with your Account. Until then, an Order is considered pending and SC reserves the right to decline your payment.
    4. A Mining Contract becomes active immediately after payment confirmation.
    5. Confirmation of your purchase will be made by email, which will also contain the details of the Contract.
    6. The Contract Term is 1 year by default, unless stated otherwise.
    7. A Contract will end and no longer be active on its date of expiry completing SC's obligation to provide Yields to the Customer’s Balance for that Contract.
    8. Pre-order Contracts, when available, are not activated immediately on purchase confirmation. They will activate automatically in the future, on or around the date specified in the Contract. All start dates stated prior to the actual start of the Pre-order Contracts are estimated. The actual start date cannot be guaranteed by SC.
    9. Unless otherwise agreed in writing, start dates for Pre-Order Contracts are indicative and non-binding for SC. Accordingly, SC reserves the right to, at its sole discretion and at any moment, change the start date and the Contract Term of any Contract if a necessity for such action should occur. This includes but is not limited to postponing the start date of any already acquired Pre-order Contract.
  11. Payment terms, Order cancellation, Order changes and Order refunds
    1. All invoices are issued in USD (United States dollar) by default. All payments performed in any other currency must account for the exchange rate of said currency to USD at the moment of invoice generation, as well as any commissions for currency exchange and/or third-party payment systems fees, where applicable.
    2. A Customer is able to purchase a Contract using a variety of payment methods:
      1. in Cryptocurrency via a Balance purchase: by using the available Balance directly (not all Balances can be used for Balance purchases);
      2. in Cryptocurrency via a Cryptocurrency transfer: by transferring Cryptocurrency to SC via a third-party payment system, the amount to pay depends on: sum of the Order in USD, the exchange rate of USD to the selected Cryptocurrency at the moment of the Order creation and any associated fees (third-party terms and payment commissions/fees may apply);
      3. In Bitcoin by using the Reinvest feature that allows automatic purchases of Contracts (where available) in case there is enough Balance;
      4. in fiat currencies via a bank/wire transfer: transfer of fiat funds to SC's bank account via a Bank/Wire transfer (10 USD commissions/fees applied to Orders under 50 USD);
      5. in fiat currencies via a credit/debit card transfer: transfer of fiat funds to SC via third-party payment service provider (third-party terms and payment commissions/fees may apply);
      6. other payment methods disclosed to you through SC’s Interactive Platforms.
    3. Available payment methods, fiat currencies and Cryptocurrencies may be introduced and removed at any time.
    4. SC provides the destination account for all payment methods (except Balance and Reinvest). In order to confirm the purchase and activate the Contract, the Customer is required to transfer the amount stated on the SC invoice page (for bank/wire transfers) or on the third-party payment page (for all payment methods with third-party payment service providers).
    5. A Customer is solely responsible for the accuracy of payment, including but not limited to: the destination account, transferable amount and payment details:
      1. If the transferred amount is below requested, SC reserves the right, at its sole discretion, to reduce the Hashrate of a Mining Contract to an amount proportional to the received funds or request the missing amount to be paid, before activating said Contract.
      2. If the transferred amount is above requested, SC reserves the right, at its sole discretion, to increase the Hashrate of a Mining Contract to an amount proportional to the received funds, add the excessive amount to the Customer's Balance or return the excessive amount through the payment system the Customer has used to pay for the Order initially.
      3. If the Customer initiates the payment with incorrect/insufficient details and/or to the wrong destination account, SC will attempt, if possible, to process the Order in a timely manner. If the destination address does not belong to SC (directly or via a third-party service) and/or is not related to SC in any way, SC will not be held responsible and will decline any claims.
      4. SC is not obliged to proactively resolve payment related issues without a claim submitted by the Customer;
      5. SC reserves the right to request the correct payment and the loss suffered by the Customer is not SC’s responsibility nor liability in any possible manner or extent.
    6. If there are suspicions that a payment was not received but the Contract was activated, SC may contact the Customer and request proof of payment. Proof of payment includes but is not limited to: SC Order number, unique transaction ID or number, destination account, transferred amount, account statement from the payment system used. The Customer must then provide proof of payment within 14 days of reception of such request. If the documents requested from the Customer are not provided within 14 days or are deemed insufficient, fraudulent and/or invalid, SC reserves the right to adjust/cancel related Contracts and adjust Customer's Balance and/or any Yields.
    7. Purchases paid with a credit card may require the Customer to provide proof of ownership of the payment method and Customer’s identification upon a request by SC. If the documents requested from the Customer are not provided within 14 days or are deemed insufficient, fraudulent and/or invalid, SC reserves the right to adjust/cancel related Contracts and adjust Customer's Balance and/or any Yields.
    8. In the event that the Customer’s payment method is charged an amount that is different from the related purchase amount displayed on the Interactive Platform (taking into account any third-party service fees or commissions and currency exchange rates), the Customer may submit a payment related claim by contacting Customer Support within 1 year from the completion of the payment with proof of payment. Requests submitted after 1 year may not be accepted.
    9. SC reserves the right to switch any Contract for any other Contract and/or change the Contract data (such as Hashrate amount and/or algorithm for Mining Contracts) if SC is forced to perform such a switch and/or change for reasons outside of SC's control, such as a failure of a Provider to provide the necessary Hashrate for whatever reason. The switch and/or change will account for the current market price and SC will attempt, if possible, not to reduce the total value of the Contract being changed. This means, in the event of a forced Contract change (such as SHA-256 to Scrypt etc), SC will attempt, if possible, to provide the substitution Contract of equal or greater total value than that of the initial Contract, according to the market price at the moment of change.
    10. Unless otherwise provided by the applicable law or by a particular offer, all purchases are final and non-refundable. SC reserves the right to issue refunds at its sole discretion. If we issue a refund, 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. For the avoidance of doubt, any statutory EU consumer protection laws, including any rights of withdrawal or cancellation under implementations of Directive 2011/83/EU on consumer rights, shall only apply to individuals ordinarily residing in an EU Member State (and only to the extent that these cannot be excluded by contract) and any statutory UK consumer protection laws, including under the Unfair Contract Terms Act 1977, shall only apply to persons ordinarily residing in the UK (and only to the extent that these cannot be excluded by contract).
    11. In the case of a refund of a Contract purchase:
      1. The Customer will receive a reimbursement of the total purchase amount, unless any successful Withdrawals are present on the Customer's Account. If any successful Withdrawals are present on the Customer's Account, no refund requests will be processed on said Account.
      2. SC has the right to nullify or deduct any Hashrate and/or Yields of the refunded purchase from the Customer's Balance as well as any funds provided as a referral bonus for the refunded purchase from the referrer's balance.
      3. SC is not obliged to reimburse any funds spent for the Operating Fees or for any other monetary expenses that SC was obligated to pay due to the Customers’ Order before the refund was initiated.
    12. In case the Customer executes the right of withdrawal in connection with an increase of Operating Fees on any Mining Contracts active on the Customer's Account (see clause 9.7), the respective refund shall be calculated by subtracting the USD value of the Yield received to Balance from the original USD price paid for that respective Contract. No refund shall be due if the resulting difference is zero or negative.
    13. In the case of any return of overpaid funds or refund, a commission/fee may be imposed. The amount depends on the payment system used and is subject to change.
    14. In case the payment is made via a third-party service provider, the third-party service provider’s terms and/or regulations may be applicable at least partly to the payment process as described above. If so, before making any transactions make sure that you agree with the third-party payment service provider’s terms of service in addition to these ToS. SC would like to emphasize that it holds no liability for any breaches, faults, delays, etc., and the possible damages that may be caused to the Customer, which are caused by a third-party payment service provider.
  12. Restrictions and Obligations applicable to you
    1. You agree to comply with all applicable laws and regulations, this Agreement, and all rules applicable to the use of SC’s Interactive Platforms and/or SC’s Services in general.
    2. You agree not to use the Service in any way or perform any actions on SC’s Interactive Platform which:
      1. is unlawful;
      2. may give rise to civil or criminal liability for SC; or
      3. may bring SC into disrepute.
    3. You agree not to falsely describe or otherwise misrepresent yourself in any dealings with SC. You agree and warrant that you are the only one using the Services provided by SC and solely for your own benefit and that you are not using the Services provided by SC on behalf of others or for the benefit of other third parties.
    4. You are not allowed to abuse any campaigns, discounts, affiliate programs, and/or referral bonus systems, provided from time to time by SC and/or its partners (other terms may apply). Customers may not register Accounts in any abusive way or for any abusive purpose, including but not limited to applying for multiple Account registrations to obtain unintended profits and rewards.
    5. You are not allowed to use any means to mask your internet traffic and IP address (such as Proxy, Tor, VPN and others). You must not use any method to block your Internet traffic and IP addresses (such as Proxy, Tor, VPN, etc.) or use other technical services that hide your real Internet connection.
    6. Customers should not steal other Account information or perform other actions that affect the security of other Accounts.
    7. Intellectual property rights in any content displayed on SC’s Interactive Platforms or in application software within, including but not limited to articles, images, news, materials, structure, layout and design of the Interactive Platforms, unless otherwise stated, are fully owned by SC. Customers should respect SC’s intellectual property rights.
    8. Multi-Level Marketing (MLM) and/or High-Yield Investment Projects (HYIP) systems are forbidden from providing any services to their customers, affiliates and/or partners based on SC, including but not limited to SC products and/or Services. Customers may not engage in any commercial activities or interests in the name and/or use of the information/data on or through SC’s Interactive Platforms without explicit written authorization or permission of SC.
    9. You are strictly forbidden to use or exploit errors in the design of SC’s Interactive Platforms in whole and any of their parts, features which have not been documented, and/or "program bugs" for commercial/personal gain or as means to disrupt and/or destabilize SC’s Interactive Platforms and/or SC’s Services in general. If you encounter such an error by any means, you are required to report your findings to Customer Support.
  13. Communications
    1. The Interactive Platforms may enable the display of third-party content ("Customer Content").
    2. Although we are not obliged to do so, we may remove or reject any Customer Content.
    3. You agree that we may process and store any and all communications you submit to Interactive Platforms ("Your Content").
    4. You may be able to send Your Content to other Customers via Interactive Platforms, and other Customers may be able to send Customer Content to you.
    5. You agree to the distribution of Your Content by us both internally and externally. Therefore, you should ensure that Your Content does not contain information, which you intend to keep confidential or private.
    6. By making available, posting or transmitting Your Content to Interactive Platforms, you are granting us a non-exclusive, transferable, sublicensable, royalty-free, irrevocable, perpetual worldwide license to use and exploit Your Content for any purpose. You explicitly deny all royalty rights deriving thereof.
    7. You agree that you are entitled to make available, post or transmit Your Content to Interactive Platforms.
    8. You will not make available, post or transmit to Interactive Platforms any statement, material or other content, nor use the Interactive Platforms in any way, that:
      1. is unlawful or may give rise to civil or criminal liability;
      2. infringes any copyright or other intellectual property rights of any third party;
      3. infringes any third party's rights of privacy or rights of publicity;
      4. includes any computer virus or other malicious software;
      5. is abusive, pornographic, defamatory, discriminatory or obscene;
      6. harasses any other person;
      7. interferes with another Customer’s use and enjoyment of the Interactive Platforms;
      8. impersonates any moderator, administrator or any staff or any other person connected with SC;
      9. contains the confidential information of any other person;
      10. solicits passwords or personal information;
      11. contains video, photographs, or images of any other person without his or her permission (or in the case of a minor, the minor's legal guardian);
      12. exploits any other person;
      13. we consider inappropriate; or
      14. encourages or provokes any other person to do any of the acts listed above.
    9. The Interactive Platforms may provide means by which you can communicate with us. We will communicate with you at the email address you have provided or through other means of communication that may be provided by the Interactive Platforms. Notices that are applicable to all our Customers shall be made available on the Interactive Platforms publicly. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Interactive Platform. We will be deemed to have received a notice when we issue a confirmation to you.
    10. All emails (or other messages) we send are intended for the addressee only.
  14. Limitation of Liability
    1. Taking into account the Service description in section 2, SC gives no warranty in connection to the Interactive Platforms in whole or to its Services in general and shall not be liable for any losses you may suffer including but not limited to issues relating to the following:
      1. accuracy, currency or validity of information and material contained within and/or provided by SC’s Interactive Platforms. You hereby agree that no radio, computer and internet communication equipment is completely free of fault, and that occasional technical disruptions and/or human error may affect the Service, which may result in misrepresentation of content or miscommunication;
      2. any changes in the exchange rate of any Cryptocurrency(ies);
      3. any changes in the difficulty of Mining;
      4. any changes in the applicable law or regulation, or the acts of any legislative or regulatory authority in any part of the world;
      5. any interruptions to or error of SC’s Interactive Platforms and/or SC’s Services in general and/or other communications network;
      6. infringement by any other person of any copyright or other intellectual property rights of any third party through any Customer Content or use of the SC’s Interactive Platforms and/or SC’s Services in general;
      7. the availability, quality, content or nature of third-party websites;
      8. any amount or kind of loss or damage due to viruses or other malicious software that may infect a Customer’s computer or mobile device, software, data or other property caused by any other person accessing, using or downloading any Interactive Platforms or any Customer Content;
      9. any tax consequences arising from holding and transacting with Cryptocurrencies;
      10. all representations, warranties, conditions, and other terms and conditions which, but for this notice, would have effect.
    2. For clarification, SC emphasizes that it will not be liable for the total or partial failure to any extent to fulfill any of its obligations under this Agreement due to events (or other factors) beyond SC’s reasonable control. These include, without limitation, any acts of governmental entities, acts of war, any natural disasters, quarantine, utility, telecommunications, or power outages, any internet disturbance, non-performance by a third party service provider or any other unforeseen change in circumstances or any other causes beyond SC’s reasonable control.
    3. Except as expressly provided in the Agreement, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
    4. To the maximum extent permitted by law, we exclude liability for any losses or damages which you may suffer, whether the same are suffered directly or indirectly or are immediate or consequential, which fall within any of the following categories:
      1. special damage even though that party was aware of the circumstances in which such special damage could arise;
      2. loss of anticipated savings;
      3. loss of business opportunity and management time;
      4. loss of goodwill;
      5. loss of Cryptocurrency arising as a result of any of your acts or omissions or of those of any third party (see also clause 4.3);
      6. loss arising out of or in connection with:
        1. any defect or security issue in any systems you use to store or transmit Cryptocurrency or to access or use SC’s Interactive Platforms and/or SC’s Services in general;
        2. any social engineering or other illicit attempts by a third party to gain access to the Interactive Platform on behalf of the Customer as well as all consequences thereof;
        3. any inaccurate or incomplete information you provide, including Cryptocurrency Wallet Addresses;
        4. any changes to the amount of Yields;
        5. any changes to the regulatory, legislative or technical environment applicable to Cryptocurrencies;
        6. the acts or omissions of any bank or payment service provider or provider of banking or payment services; or
        7. any change in the value of Cryptocurrency howsoever arising (including as a result of the acts or omissions of SC).
    5. To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the SC’s Interactive Platforms and/or SC’s Services in general (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the Operating Fees.
  15. Indemnity
    1. You hereby agree to indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of:
      1. any fraud or fraudulent misrepresentation you commit;
      2. any inaccuracy or defect of any of the information you have provided to us;
      3. any breach of applicable law or regulation you commit;
      4. any other person’s use of your Account;
      5. any breach by you of the Agreement; or
      6. third party claims arising from your use of SC’s Interactive Platforms and/or SC’s Services in general, any of Your Content or any use of your Account (whether or not such use was by you).
    2. You shall cooperate with us in the defense of any claim subject to indemnification by you. We reserve the right at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
  16. General
    1. This Agreement is subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. The Agreement will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations or for any statutory liability not capable of limitation.
    2. We may deduct any monies you owe us from any monies we owe you. When such deduction takes place a notification of that action will be sent to you via e-mail or by using your other contact data disclosed to SC by you. You shall bear the risk of not receiving such notification, if you have provided us with false contact data.
    3. Our failure to enforce any term does not constitute our waiver of that term. This means that when at SC’s discretion a term is not enforced once, twice or however many times, it will not be considered as accepted practice between SC and you. SC may choose to rely upon and enforce any previously unenforced terms at any time at SC’s discretion.
    4. Considering the nature and risks associated with any Cryptocurrency-related Services, including but not limited to risks and risk factors described in these ToS, it may be apparent that some malfunctions may occur when receiving Services from SC that may be interpreted as breaches or partial breaches of SC’s fulfillment of its obligations (even if SC holds no liability for them). Parties hereby acknowledge and agree that if such occasion should take place, it does not render the Agreement or any other obligations stipulated therein invalid or unenforceable in any way. In case of an obligational breach, all other obligations and all of the terms of the current Agreement in whole will remain in full effect.
  17. Partial nullity

    If any part of the Agreement is found to be void or unenforceable, it will be amended to the minimum extent necessary to make it valid or enforceable (if possible), and in any case the remainder of the provisions not be affected and will remain in full force and effect. If imperative legislative norms should declare part of the terms in the Agreement invalid, norms applicable will be applied through interpretation as close to the original meaning of the invalid term of the Agreement as possible.

  18. Amendments

    SC reserves the right, at its sole discretion, to amend, change, modify, add, or remove portions of the ToS, at any time. Changes to the ToS will become effective immediately after they have been disclosed on the Interactive Platforms. You agree that it is your responsibility to check the ToS periodically for changes. After disclosing the changed ToS, your continued use of SC’s Interactive Platforms and/or SC’s Services in general constitute your agreement to comply with the changes in the ToS.

  19. Governing law and dispute resolution

    This Agreement and any binding relationship under the Agreement between SC and you shall be governed by English law. No representation or warranty is made as to whether SC’s Interactive Platforms and/or SC’s Services in general comply with the laws of any jurisdiction other than England and Wales.

    1. UK and European Economic Area (EEA) Only: If you are a natural person you submit to the exclusive jurisdiction of the courts of England and Wales. This Agreement and its separate contents are subject to and interpreted in accordance with the substantive laws of England and Wales excluding its conflict of law provisions and any international treaties. Customers that are a legal entity agree that any dispute, controversy or claim arising out of, or in relation to, this Agreement, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the rules of the London Court of International Arbitration in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one and the seat of the arbitration shall be in London. The arbitral proceedings shall be conducted in English.
    2. United States Only: Any and all disputes, claims, or controversies whatsoever between you and SC (and/or its affiliates, officers, directors, shareholders, employees, etc.), whether based on contract, tort, statutory, constitutional, or other legal rights (including but not limited to alleged violation of consumer or privacy laws, or for any losses, damages, or expenses relating in any way to the agreement), shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (the “Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. (“FSC”).
      1. THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION AND SUPERSEDES ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION WAIVER PRECLUDES YOU FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM BROUGHT UNDER THIS AGREEMENT OR IN CONNECTION WITH ANY SERVICE (AS DEFINED IN SUBCLAUSE 1.1.21) OR INTERACTIVE PLATFORM (AS DEFINED IN SUBCLAUSE 1.1.10). EVEN IF APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST SC WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND YOU EXPRESSLY AGREE TO WAIVE AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU FURTHER AGREE AND ACKNOWLEDGE THAT THE CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW AND NOT BY AN ARBITRATOR. YOU AGREE THAT THIS SUBCLAUSE SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE REMAINING ARBITRATION PROVISIONS SET FORTH THROUGHOUT CLAUSE 19.2, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION. YOU AGREE THAT SC CAN RECEIVE IMMEDIATE JUDICIAL ASSISTANCE TO ENFORCE THIS CLASS ACTION WAIVER. BY ENTERING INTO THIS AGREEMENT, YOU AND SC EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
      2. Notwithstanding the foregoing, either party may bring an individual action in small claims court.
      3. This arbitration agreement does not preclude you from bringing issues to the attention of government agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
      4. Unless you and SC agree otherwise, any arbitration shall be administered in Los Angeles County, California, U.S.A., to the exclusion of any other forum. You and SC hereby consent to jurisdiction and waive any venue or other objection that may be available to any such arbitration proceeding in Los Angeles County, California. YOU UNDERSTAND THAT SC PROVIDES ITS SERVICES TO CUSTOMERS FROM NUMEROUS LOCALES, AND THAT BUT FOR THIS AGREEMENT THESE SERVICES MIGHT SUBJECT SC TO LITIGATION IN NUMEROUS DIFFERENT FORUMS. YOU UNDERSTAND AND AGREE THAT SC HAS A LEGITIMATE INTEREST IN DISPELLING ANY CONFUSION ABOUT WHERE POTENTIAL CLAIMS ARISING OUT OF THE AGREEMENT MUST BE BROUGHT AND DEFENDED, THAT THE SELECTION OF ONE LOCATION FOR SUCH POTENTIAL CLAIMS ALLOWS SC TO OPERATE ITS BUSINESS MORE EFFICIENTLY, AND THAT THIS IN TURN ALLOWS SC TO PROVIDE ITS SERVICES TO CUSTOMERS AT LOWER PRICES. YOU UNDERSTAND AND ACCEPT THAT YOU RECEIVE A MATERIAL BENEFIT FROM THE SELECTION OF THIS LOCATION. IF YOU DO NOT AGREE, YOU SHOULD NOT MAKE AN ACCOUNT WITH SC, VISIT SC’S WEBSITE, DOWNLOAD THE MOBILE APPLICATION, OR USE SC’S OTHER INTERACTIVE PLATFORMS IN ANY WAY, AND YOU SHOULD IMMEDIATELY STOP USING SC’S WEBSITE, MOBILE APPLICATION, AND OTHER INTERACTIVE PLATFORMS OR SERVICES IN GENERAL.
      5. The arbitration shall be administered by the American Arbitration Association (“A.A.A.”) under its Consumer Arbitration Rules and the fee schedule in effect at the time of initiating the proceeding with A.A.A., which can be found at https://adr.org/sites/default/files/Consumer%20Rules.pdf and are deemed to be incorporated herein by reference. If you have a question about the arbitration process or to obtain a current copy of the Consumer Arbitration Rules and/or fee schedule, you can contact A.A.A. at: (800) 778-7879 or www.adr.org/consumer.
      6. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR SC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA.
  20. Miscellaneous
    1. SC’s Interactive Platforms are presented in multiple languages. In the case of a conflict between translations, the English version will prevail.
    2. SC will be entitled to assign and otherwise transfer the agreement covered by these ToS by giving you reasonable notice, which may include notice given via one or multiple sources of SC’s Interactive Platforms.
    3. All questions, comments or complaints should be directed to us via Customer Support.
Effective as of November 2021 (Version 4.0)