TERMS OF USE OF WEBSITE AND SERVICES

THIS AGREEMENT GOVERN YOUR RELATIONSHIP WITH MOTHERHASH LLC, A COMPANY INCORPORATED IN GEORGIA WITH IDENTIFICATION NUMBER 400386845, HAVING ITS REGISTERED OFFICE AT GEORGIA, TBILISI, GLDANI DISTRICT, OMAR KHIZANISHVILI STREET,N264 (FREE INDUSTRIAL ZONE OF TBILISI TECHNOLOGY PARK) (HEREINAFTER REFERRED AS “COMPANY”) AND USE OF COMPANY’S SERVICES (AS SUCH TERM DEFINED BELOW) AVAILABLE ON HTTPS://MOTHERHASH.IO (“WEBSITE”) AND COMPANY'S DOMAINS INCLUDED WITHIN THIS WEBSITE PROVIDED TO YOU BY THE COMPANY.YOU MAY USE THIS WEBSITE AND/OR THE SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

GENERAL TERMS AND ACCEPTANCE OF THIS AGREEMENT

1. The Companymakes this Website including all information, graphics, documents, text, products and all other elements of the Website and all products and services offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document and any additional documents available at the Website. By accessing and using this Website, use of any Company’s Services available through this Website or clicking a checkmark at the “I agree with the Terms of Use and Privacy Policy” button and pressing “Next” button you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Website and/or its Services.
2. The Company can block access or restrict certain features of the Website for the User in relation to User’s place of residence or citizenship, or due to lack of certain KYC documents.

ENTIRE AGREEMENT

3. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company for the Services or for any other Company`s product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with the Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.

AMENDMENTS

4. These Terms of Use may be amended by the Company upon notice given by one or more of the following means: through the Website at or after you login to your Account, by the email communication to the address provided by you when you setup your Account, or by written mail communication to the address on record for your Account. Failure to provide or maintain accurate or current contact information by you will not release you from responsibility to comply with these Terms of Use as amended from time to time. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. In addition, specific terms and conditions may apply to specific content, products, materials, Services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

DEFINITIONS

5. The following definitions and rules of interpretation apply in this Agreement: «Agreement» or «Terms of Use» The present Agreement between You (user) and the Company «Company» a company incorporated in Georgia with identification number 400386845, having its registered office at Georgia, Tbilisi, Gldani district, Omar Khizanishvili street,n264 (free industrial zone of Tbilisi Technology Park) «Account» A set of protected pages created as a result of the User registration on the Website, using which the User can request Services, control fulfillment of Services and etc.. «Cloud Mining» A service provided by the Company, allowing users to participate in Mining without necessity to purchase and/or have its own Mining Equipment and/or without necessity to install any special software. «Cryptocurrency» or «virtualcurrency» Digital cryptographic representation of assets, represented by Ethereum (ETH), Bitcoin (BTC) and any other type of cryptocurrency. «Fees» Rewards paid to the Company by the Users. Amount of the fee is specified at the Website. «Fiat currency» A government-issued currency, that is designated as legal tender in its country of emission on the legislative level. «Hashrate» Is a measure of the computational power of Mining Equipment per second used for Mining «Mining» A process of creation of new amounts of Cryptocurrencies through work of Mining equipment «Mining equipment» A special computer equipment owned by the Company or User as the case may be, designated for Mining «Mining Pool» Is an organized association of cryptocurrency miners. The member of these pools work together for the Mining. Cryptocurrencies created through mining in this case are subject to distribution among members of Mining Pool based on the contribution made to the Mining by each such member Parties» You (User) and the Company (We). “Politically exposed person” or “PEP” Foreign PEPs: individuals who are or have been entrusted with prominent public functions by a foreign country, for example Heads of state or Heads of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials. Domestic PEPs: individuals who are or have been entrusted domestically with prominent public functions, for example Heads of State or of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials. «Privacy Policy» Rules of collection, storage, distribution and protection of personal data that the Company gets from the Users and that is an essential part of the Agreement which text is available at «Website» A group of interrelated websites owned and operated by the Company, available in the Internet via address: https://motherhash.io «Services» a. Ensuring of User`s opportunity to participate in Mining Pools;
b. Provision of access to Cloud Mining;
c. Customer services;
d. Technical and management services ensuring the normal operation of the Company or Website;
e. Other services publicly announced by the Company. «User» An individual capable under personal law natural person or business entity formatted in the appropriate legal form according to local legislation that is eligible to use the Website and has accepted the terms and conditions of the present Agreement with the Company. The Company reserves its right to set forth at any time and upon its own discretion special eligibility conditions or other requirements to certain Users. «User Account Data» Personal Data necessary to access and use the Website. The list of collected personal data is available in Privacy Policy. «Withdrawal» A transaction involving a transfer of User`s funds from the User’s Account.
6. In this Agreement unless the opposite is clear from the context the following rules of interpretation apply.
a) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
b) Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
c) References to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule;
d) A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
e) All references to a person include firms, companies, government entities, trusts and partnerships or other or unincorporated body (whether or not having separate legal personality);
f) The term 'including' does not exclude anything not listed;
g) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
h) A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
i) A reference to writing or written includes fax and e-mail.
j) Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
k) Any words following this Agreement including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding or following that agreement.
l) Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in this Agreement shall survive any termination or expiration of this Agreement.The rest of terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the legislation of the Seychelles and to the general rules of interpretation of such terms accepted in the Internet network.

7. RISKS NOTIFICATIONS

8. Cryptocurrency has special risks not generally shared with official currencies, goods, or commodities in a market. Unlike most currencies that are backed by governments, other legal entities, or commodities such as gold or silver, Cryptocurrencies are a unique type of "fiat" currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Cryptocurrencies in a crisis.
9. Instead, Cryptocurrencies are an as-yet autonomous and largely unregulated global platform of currency firms and individuals. Holders of cryptocurrencies put their trust in a digital, decentralised, and partially anonymous platform that relies on peer-to-peer networking and cryptography to maintain its integrity.
10. The Cryptocurrencies is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the Website is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
11. Cryptocurrency are unlike bank accounts or accounts at some other financial institutions are entirely uninsured.
12. User acknowledges that there are risks associated with using of the Website,participation in Mining including, but not limited to, the failure of hardware, software, and Internet connections. User acknowledge that Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the the Website.
13. Cloud Mining reward may be held by the User in his digital wallet or vault, which requires a private key, or a combination of private keys, for access. Accordingly, loss of requisite private keys associated with such the User`s digital wallet or vault storing the Cloud Mining rewardwill result in loss of such Cloud Mining reward, access to User`scryptocurrency balance, and/or any initial balances in blockchains created by third parties. Moreover, any third party that gains access to such private keys, including by gaining access to login credentials of a hosted wallet or vault service the User uses, may be able to misappropriate the Cloud Mining reward of theUser.
14. Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Bitcoin, Ethereum networks and associated blockchain networks and different Cryptocurrencies could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of any Cryptocurrency, which could impede or limit their existence, permissibility of their use and possession, and their value.
15. The tax characterization of the Cryptocurencies is uncertain. The User shall seek his own tax advice regarding its participation in Mining, which may result in adverse tax consequences for the User, including, without limitation, withholding taxes, transfer taxes, value added taxes, income taxes, and similar taxes, levies, duties or other charges and tax reporting requirements.
16. There may be additional risks that we have not foreseen or identified in our Terms of Use.
17. You should carefully assess whether your financial situation and tolerance for risk are suitable for buying, selling, or trading Cryptocurrency.
18. Our banking providers DO NOT transfer, exchange, or provide any services in connection with cryptocurrencies.

ELIGIBLE USERS

19. The following restrictions and conditions apply to the use of services and creating and maintaining the Account (as such term defined below):
a. You shall not create an account in connection with the Website (an “Account”), or request Services if you are under the age of majority to enter into this Agreement (at least 18 years of age) and meet all other eligibility criteria and residency requirements and fully able and legally capable to use the Website;
b.You shall use the Website and/or Servicesif you are a PEP or any member of a PEP’s family or any close associate of a PEP, only after the Company, being specifically notified in writing that the User is such a person, conducts further due diligence, and determines that You are eligible for use of the Website and/or Services;
c. You shall monitor your Account to restrict use by minors, and you shall deny access to children and teenagers under the age of 18. You accept full responsibility for any unauthorized use of Website by minors in connection with your Account. You are solely responsible for any use of your cryptocurrency wallet or other payment instrument by minors;
d. You shall not create an Account if you have already created one Account on the Website;
e. You shall not have an Account or use Services if you have previously been removed by the Company from the Website;
f. You shall not use Website if you are citizen or resident of: Afghanistan,Algeria, Bangladesh, Bolivia, Botswana, Bosnia & Herzegovina, Burundi, Cambodia,Central African Republic, Colombia,Coted’Ivoire,Democratic Republic of Congo, Dominican Republic,Egypt,Ethiopia,Ghana,Guinea,Iran,Iraq, Kuwait, Lebanon,Lesotho,Liberia, Libya,Mali,Morocco,Nepal,North Korea, Oman, Qatar, Pakistan,Sierra Leone, Somalia, South Sudan, Sri Lanka, Sudan,Syria, Taiwan,Trinidad& Tobago, Tunisia, Venezuela, Vietnam, Yemen,Zimbabwe and countries or territories or individuals under the sanctions of the United Nations or the European Union (the list is available at:https://eeas.europa.eu/Websites/eeas/files/restrictive_measures-2017-08-04.pdf) or countries where cryptocurrency is prohibited;
g. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party;
h. You shall not use your Account to engage in any illegal conduct including but not limited to activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she will not use the Website to assist any other party in such illegal activity; and you shall not use your Account to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Website’s or the platforms underlying code or technical mechanisms; cause damage to the Website or the Company through any means, including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Website.
i. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without the Company’s written permission;
j. You shall not access or use an Account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Company’s consent.
k. Notwithstanding the foregoing, the Company may refuse to provide Website or Services to any person for any reason or no reason whatsoever.

USER ACCOUNT

20. The use of the Website may require You to create an Account (“Account”) on the Website. You warrant and represent that all information provided when creating such Account is current, complete, and accurate. You agree to promptly notify the Company of any changes to any information that would cause the information provided upon the Account’s creation to no longer be current, complete or accurate.
21. The Company may close a dormant Account at any time with or without notifying User in case if there was no possible mean to contact User.

ACCOUNT CLOSING

22. Unless stated otherwise by the applicable law, either the Company or User may initiate the closing of Account at any time, without explaining reasons for it.
23. Account shall be closed within 5 (five) business days following the receipt of a respective User’s notification. In case the Company have allegations that User’s account is involved in suspicious transactions, Account shall be closed within 2 (two) calendar days.
24. Notwithstanding the closure of Account, User’s obligations under this Agreement will continue and all outstanding balances on Account will become payable at once. If Account is closed by the Company and if User still owes any money to the Company, Agreement shall continue to apply to User until the Company has received and acknowledged receipt of all monies due and payable to the Company.
25. In case Account is being closed by the Company or User has not stated any other account where the balance is to be transferred, the Company shall keep the balance without any interest being accrued on the same and subject to fees for keeping the balance. The balance shall be paid out at User’s request pursuant to Agreement and applicable fees. Before paying out the remaining balance, the Company shall identify User.
26. The Company is entitled to close Account unilaterally in the following cases:
a) User has failed to comply with Terms of Use and/or fulfil its obligations before the Company;
b) User has submitted incorrect and/or false and/or misleading information/documents to the Company;
c) User has not accessed Account or executed any transactions for more than 6 continuous months or for other period of time determined by the Company at its absolute discretion and Account balance is zero or negative;
d) Signatory right of User’s representative has expired;
e) The Company receives information of User’s negative reputation or User shows disrespect to the Company.
f) The Company suspects that User or funds available on Account are related to the laundering of funds derived from criminal activities or terrorism, or funds available on Account are unlawful or operations are made in benefit of PEP.
g) Once Account is closed for any reason, all electronic services linked to Account will also be terminated automatically.

CLOUD MINING

27. The User requested and paid Cloud Mining service is entitled to participate in Cloud Mining on the terms specified in User`s request for Cloud Mining Services.To avoid any doubts, the commencement date of the Cloud Mining Services shall be the date of payment for such Services by the User.
28. The User acknowledges and agrees that the User does not obtain any proprietary rights in any Mining equipment used to ensure such Cloud Mining. The Company at its sole discretion is entitled to choose what Mining Equipment shall be used to ensure fulfillment its obligation to provide Cloud Mining service. The Company solely bears all risks of Mining equipment failures in relation to Mining equipment used to ensure such Cloud Mining.
29. The User acknowledges that the Cloud Miningserviceshall be rendered on a best effort basis. The availability of computational power and, accordingly, the output and results of any Cloud Mining service may vary up to 5%. Notwithstanding the aforementioned variance, the Company shall make reasonable efforts to ensure that all facilities and the relevant supplies for providing the Cloud Mining services are maintained in good working order to avoid any variance with the same diligence it applies in its own dealings.
30. User’s selection of an algorithm, selection of a quantity of computational power or hash rate, allocation of computational power, and use of the Services may result in the receipt of reward in cryptocurrencies in accordance with the total formula for calculating of the terahash, where X (total reward) = E (User revenue) - T (User hash rate) * Y (service fee ratio) (Cloud Mining Reward). The service fee is a unified charge, which includes charges for the following services: electricity, management, rent, security. Amount of the reward is also subject to any maintenance fees, blockchain transaction fees, and third-party fees (each described in Section 34 below). Company has the discretion to accumulate or bundle the Cloud Mining reward in the User’s digital omnibus account until the accumulated value is sufficiently high to exceed the requirements the blockchain transaction fees. The Company may set and adjust the threshold for delivering the Cloud Mining reward at its sole discretion upon notice to the User. Adjustments are generally made due to material increase or decrease to blockchain transaction fees or operational degradation, congestion, failure or disruption otherwise of the blockchain network used by User. For the avoidance of doubt, the User remains the beneficial owner of any derived digital assets.
31. As described in Section 30 above, the User`s selection of an algorithm, allocation of computational power, and use of the Cloud Mining service may result in the reward of one or more cryptocurrencies. Where applicable, the Company may provide the User with the option to receive the Cloud Mining reward in one or more digital asset in equal value to the digital asset extracted by the User.
32. As part of receiving the Cloud Mining service, the User will have access to the dashboard through which the User may administer accessible services, including management and allocation of its deployment of computation power in connection with the User`s selected algorithm. The dashboard also provides the User tools to direct transfer of digital assets to the User`s digital asset wallet as described in Section 31.

FEES AND BILLING

33. You agree to pay the Company two types of fees for Mining participation rights:
• Fixed fee for the Services, that is specified on the website on the moment of request of certain services;
• Cloud Mining Fee that accrued on the daily basis and is calculated on the following basis:
F=P*X* *24, where
F – amount of Cloud Mining fee;
P – power in Watts of Mining equipment used to render Cloud Mining services.Such power rate is displayed at the Website while request of Cloud Mining service;
X – cost of energy for maintenance of Mining equipment (KWh) displayed at the Website; The Company is entitled to change amount of cost of energy at its sole discretion provided that the Company shall send 7-day prior written notification on such change to the User`s e-mail specified during the registration process. Cloud Mining Fee is charged in advance. The billing period is 1 actual year. The first Cloud Mining Fee is charged together with a fixed service fee. The second and subsequent Cloud Mining Fees are charged no later than 1 month from the beginning of the billing period. The absence of charged Cloud Mining Fee is recognized as non-compliance by the User with Terms of Use and fulfil its obligations before the Company. The Company is entitled to close Account unilaterally in accordance with Section 26.
34. Your interaction with the Website may impose certain third party fees on you balance, e.g.:
• Blockchain transaction feesin connection with delivery and receipt of any of the User`s digital assets charged by the blockchain associated with the User-selected algorithm. Blockchain transaction fees are paid to emit, record, verify, and process a transaction on the blockchain and not retained by the Company.
• Certain digital wallets, wallet addresses, tools, and third-party software and devices (“Third-Party Wallets”) used by the User may also charge User a fee, including a per transaction or transfer fee. User is responsible for being aware of and satisfying any such fee. User should note that any such fees may significantly reduce User`sCloud Mining reward and therefore User is responsible for managing the selection, use, and rate and frequency of their delivery of Cloud Mining reward to any such Third-Party Wallets
35. You authorize us, deduct your User Account for any applicable Fees owed in connection with Services provided through the Website.
36. The User is responsible for any taxes, and the User will pay the Company for Services without any reduction for taxes. If the Company is obligated to collect or pay taxes, taxes will be invoiced to the User and/or deduced from the User`sCloud Mining reward, unless the User provides the Company with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some countries, states, and provinces, the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If the User is required by law to withhold any taxes from its payments to the Company, the Usermust provide the Company with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation, the Services are subject to local value added tax (“VAT”) and the User is required to make a withholding of local VAT from amounts payable to the Company, the value of the Services calculated in accordance with the above procedure will be increased (grossed up) by the User for the respective amount of local VAT and the grossed-up amount will be regarded as a VAT inclusive price.Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the User and the User will ensure that the Company will receives payment for its services for the net amount as would otherwise be due (the VAT-inclusive price less the local VAT withheld and remitted to applicable tax authority). If required under applicable law, the User will provide the Comapny with applicable tax identification information that the Company may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. The User will be liable to pay (or reimburse the Comapny for) any taxes, interest, penalties or fines arising out of any mis-declaration by the User.

CREDIT CARD SERVICE PROVIDER TERMS

37. The Company may use third-party services and such third party’s affiliates services to enable the User to provide the Fixed Fee and perform transfer of payments within the Company`s website of by making use of the Users existing credit or debit card (as and if available and applicable) (the “Credit Card Services” and the “Credit Card Service Provider”).
38. The following provisions under this Clause “Credit Card Service Provider Terms” only apply to the extent the Services are paid by credit card.
39. The Company may share and transfer (including cross border transfer) personal information with the Credit Card Service Provider for the purpose of rendering the Credit Card Services which will be made to Service Providers website via the use of the Users credit card. The personal information will be shared with the Credit Card Service Provider after the User elects to execute such monetary payments by using the Credit Card Services of the Credit Card Service Provider. For the purpose of this Clause, personal information shall include information that identifies or may identify the User including the information submitted by the User through the registration form when you subscribe to the website such as the User’s email address, country and city and/or information provided through social websites or any other identifying information provided by the User while using the Services of the Service Providers website.In addition, the Company may transfer any non-personal information provided by the User through the Users use of the Services on the Service Providers website to the Credit Card Service Provider in order to allow the Credit Card Service Provider to perform preliminary examinations of non-personal information for the purpose of determining if the User is qualified to use the Credit Card Services of such Credit Card Service Provider (including the history of the User’s transactions on the website which will be provided without any identifying information and solely for the purpose examinations of the Credit Card Service Provider.
40. By accepting these terms, the User represents that any and all information the User provides to the Company and Credit Card Service Provider is true and accurate. The User is not obligated by law to provide the Service Provider and/or the Credit Card Service Provider with any personal information. The User hereby acknowledges and agrees that the User is providing the Company and/or the Credit Card Service Provider with personal information at the User’s own free will and for purposes of obtaining the Services.
41. The User agrees that the User shall be temporarily restricted from withdrawing any amounts of cryptocurrencies from the Cloud Mining reward for a period of 30 days of commencment date of Cloud Mining Services in accordance with clause 27. This restriction is in place to ensure that no chargebacks occur after the User has received their Cloud Mining reward.
42. In the event that the User initiates a chargeback dispute with respect to the Fixed Fee, the Services shall be suspended and the User shall not receive any cryptocurrencies from the Cloud Mining reward during and resulting from the period the chargeback dispute, regardless of the outcome and disposition of the chargeback dispute.

UNCLAIMED PROPERTY

43. If for any reason the Company is holding funds in your Account on your behalf, and the Company is unable to return your funds to your designated external account after a period of inactivity equal to 12 (twelve) continuous months, then the Company may report and remit such funds in accordance with applicable state unclaimed property laws.

WITHDRAWALS

44. Users that have not completed the identification procedure (KYC) will not be allowed to execute Withdrawal of fiat currency. The transfer of withdrawal in fiat currency is permitted only after completion of identification procedure (KYC).
45. The User is only allowed to withdraw funds received as Cloud Mining reward. If the User simultaneously transfer any own fund to his Account at the Website the Company is entitled to reject withdrawal such funds from the Account. In this case the User is entitled to use such funds to purchase any Company`s Services.
46. The Company exercise withdrawal transaction within 3 working days after receipt of User`s request. The User agrees that the Company is entitled to deduct any gas commission applicable to such transaction from the amount of funds withdrawn.
47. The User warrants that he/she/it will withdraw the funds to his controlled accounts.The Company is not liable for the consequences of such withdrawals.

DISCLAIMERS OF WARRANTIES

48. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR WEBSITE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR WEBSITE AND/OR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
49. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THEWEBSITE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE WEBSITE.
50. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to certain users.

LIMITATION OF LIABILITY

51. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES.
52. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to Certain users.
53. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE WEBSITE EXCEED THE FEES PAID BY YOU TO THE COMPANY DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
54. The Company is not responsible for any damages caused by delay or failure to perform its obligations under the Agreement in case if the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.

LIMITED RIGHT OF USE

55. Any use of the Website in violation of these Terms of Use is strictly prohibited and can result in the immediate termination of the Website and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE WEBSITE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY COMPANY`S DIGITAL PRODUCT SUCH THE WEBSITE IS A VIOLATION OF COMPANY`S POLICY AND MAY BE A VIOLATION OF APPLICABLE LAWS.
56. You agree that you will not, under any circumstances:
a) Engage in any act that the Company deems in its reasonable discretion to be in conflict with the spirit or intent of the Website, including but not limited to circumventing or manipulating these Terms of Use, our service rules, or any other policies;
b) Make improper use of the Company’s Services, including, without limitation, by submitting false personal information or using profane and abusive language in your communications with our personnel; or
c) Use the Website, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in violation of rights of third parties;
d) Use exploits, automation software or any unauthorized third party software designed to modify or interfere with the Website;
e) Use the Website in order to design or assist in the design of exploits, automation software or any other unauthorized third party software designed to modify or interfere with the Website;
f) Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Website (each a “Server”);
g) Organize, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the Website, or other attempts to disrupt the Website; or
h) Attempt to gain unauthorized access to the Website, Accounts registered to others or to the computers, Servers, or networks connected to the Website by any means other than the user interface provided by the Company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Website;
i) Interfere or attempt to interfere with the proper functioning of the Website or connect to or use the Website in any way not expressly permitted by these Terms of Use;
j) Use, facilitate, create, or maintain any unauthorized connection to the Website, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Website; or (2) any connection using programs, tools, or software not expressly approved by the Company;
k) Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, or to obtain any information from the Website using any method not expressly permitted by the Company; or
l) Copy, modify or distribute rights or content from the Website, or Company’s copyrights or trademarks or use any method to copy or distribute the content of the Website except as specifically allowed in these Terms of Use;
m) Publicly disseminate information about the types and methods of violations of these Terms of Use and Privacy

LINKING TO THE WEBSITE

57. Linking to the Website is permitted provided that you comply with these rules. You may link to the home page of the Website or to any other page of this Website. However, you are not allowed to use in-line linking or framing. You must not imply that the Company endorses or sponsors the linker of its Website, products or Services. You must not use Company's intellectual property including but not limited to trademarks, trade name, copyright without permission from the Company. Furthermore, you agree to remove the link at any time upon our request.

THIRD PARTY MATERIALS

58. In order to use this Website and/or Services, you may need to obtain and/or use certain third-party products (i.e. Device), services and/or materials (“Third Party Materials”). Third Party Materials are (i) not licensed hereunder; (ii) not under Company’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which you need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of this Website and/or Services. Notwithstanding any provision to the contrary herein, nothing in these Terms of Use shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.

INTELLECTUAL PROPERTY

59. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Website are vested in the Company and/or its licensors and the Company and/or its licensors are the sole and exclusive owners thereof. All rights in the Website not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its products or Services except as expressly authorized herein. Except as otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of the Company is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
60. The Company hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. The Company disclaims any proprietary interests in the intellectual property rights other than its own.

APPLICABLE LAW AND DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
61. This Agreement shall be governed, construed, and enforced in accordance with the law of England and Wales.
62. The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.
63. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Riga International Commercial Arbitration Court in Riga on the basis of written documents (written procedure).
64. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.

INDEMNIFICATION

65. You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use, including without limitation infringement by user materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.

ASSIGNMENT

66. The Company may assign, transfer or delegate these Terms of Use or the fulfillment of any of its obligations pursuant to these Terms of Use and/or Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer or delegate any rights or obligations under the Terms of Use or Privacy Policy without Company’s prior written consent, which may be withheld in its sole discretion, and any unauthorized assignment and delegation by you is void and ineffective.

SEVERABILITY

67. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.

NOTICES

68. Any notice or other communication under this Agreement shall be in writing and shall be considered given and received when sent by email. The Users official email for communication shall be deemed the email specified by the User during the creation of Account. ThelanguageofthecommunicationshallbeEnglish.

PRIVACY POLICY AND PERSONAL INFORMATION

69. The Company has developed a Privacy Policy that governs the use and protection of User’s private information according to the applicable laws and good practices. The full text of the Privacy Policy is made available on the Website and can be accessed at: https://motherhash.io. 70. Despite all the security measures implemented by the Company, the User acknowledges that there are certain risks of the Company being attacked by electronic means in order to obtain the private information and that the Company cannot guarantee full protection.

TERM AND TERMINATION

71. The term of this Terms of Use (“Term”) shall begin when you start using this Website and/or Services and shall continue in perpetuity unless otherwise terminated by the Company by written notice. The Company expressly reserves the right to change, suspend or discontinue all the Website or portion thereof, at any time, and may terminate your use of the Website at any time. Without prejudice to any other rights, these Terms of Use will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Use, you must immediately cease using the Website including without limitation any use of Company’s trademarks, trade names, copyrights and other intellectual property.
72. WITHOUT LIMITING ANY OTHER REMEDIES, THE COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE WEBSITE OR PORTIONS THEREOF IF YOU ARE, OR THE COMPANY REASONABLY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THIS TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE WEBSITE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ACCESS TO YOUR ACCOUNT AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS ASSOCIATED WITH YOUR USE OF THE WEBSITE, AND THE COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
73. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE WEBSITE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR WEBSITE, AND ITS CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE WEBSITE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
74. The Company reserves the right to stop offering and/or supporting the Website or part of the Website at any time either permanently or temporarily, at which point your license to use the Website or a part thereof will be automatically terminated or suspended.
75. Termination of your Account can include disabling your access to the Website or any part thereof including any content you submitted or others submitted.
76. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WEBSITE IN ANY WAY.