Bitdeer Service Agreement

3.1 YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH HOLDING, TRADING, INVESTING IN DIGITAL ASSETS AND USE OF DIGITAL ASSET RELATED SERVICES. THE RISKS LISTED IN THIS SECTION 3.1 ARE NOT EXHAUSTIVE. THESE RISKS, AND ADDITIONAL RISKS THAT MAY OCCUR NOW OR IN THE FUTURE, MAY PREVENT YOU FROM OBTAINING ANY GAINS, MAY CAUSE YOU TO SUFFER FINANCIAL LOSSES, AND MAY EVEN TERMINATE THE SERVICES WE PROVIDE:

(1) Use of any digital assets or related product and service carries potential financial, regulatory and other risks. Before using any digital asset or related products and services, you should confirm that you have sufficient knowledge and experience in the features and risks of blockchain technology, digital asset, and smart contracts. Your decision to participate in any digital asset activity and/or use of related services should be based on independent study and/or consultation with professionals as you deem necessary. Bitdeer assumes that when you use the services provided by Bitdeer, you are a professional who understands the digital asset industry and understands the risks of digital asset related products and service. This Agreement and any services provided by Bitdeer should not be deemed as Bitdeer’s providing you with investment advices;

(2) The value of any product or service provided by Bitdeer and the value of any digital asset may be affected by many factors not controlled by Bitdeer, including but not limited to mining difficulty and/or other changes in mining parameters/attributes, market price fluctuations in digital assets, hardware (i.e. mining machines) obsolescence and hardware amortization, etc.;

(3) Due to the nature of the digital asset, the value of any digital asset may lose some or all of its value at any time. You are aware of the fact that the value of any digital asset can decrease rapidly (and even decrease to zero). Bitdeer is not responsible for any and all losses caused by the market price fluctuations of any digital asset;

(4) Bitdeer will maintain or upgrade the system periodically. You hereby confirm that you do not expect that your use of the Services provided by Bitdeer is continuous, without any interruption. Unless otherwise expressly prescribed, Bitdeer is not responsible for any and all losses caused by the suspension and interruption due to Bitdeer’s maintenance and upgrading of its system;

(5) No authentication or computer security technology is 100% secure and safe. You agree to bear all risks related to hacking or identity theft;

(6) You understand and agree that Bitdeer reserves the right to post, modify, and/or provide information related to our service through the Website, emails, customer service calls, SMS and other official channels. Bitdeer is not responsible for information obtained through non-official channels of Bitdeer. If you have any question related to the truthfulness of information sent in the name of Bitdeer, please contact us immediately.

(7) The global regulatory regime governing blockchain technologies, digital asset, mining pool, cryptocurrencies, tokens, and the service provided by Bitdeer is currently undeveloped and likely to rapidly evolve, varies significantly among international, state and local jurisdictions, and is subject to significant uncertainty, and regulations or policies may materially adversely affect the Service and the value of any digital asset. You understand, acknowledge, and assume such risks.

4.1 You may not mine, purchase, sell, exchange, hold and/or use any type of digital asset in any manner that is prohibited by the laws and regulations applicable to you.

4.2 Before using the service provided by Bitdeer, you shall evaluate if the service is suitable for your financial capabilities and risk preferences. BY USING ANY SERVICE PROVIDED BY BITDEER, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT ALL THE RISKS ASSOCIATED WITH MINING, PURCHASING, SELLING, EXCHANGING, HOLDING AND/OR USING DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO:

(1) Large price fluctuations: prices of any digital asset, including Bitcoin, may fall sharply, or even fall to zero;

(2) Digital asset transactions may take a while to be confirmed. Although very unlikely, it does exist the situation when some digital asset transactions may never be confirmed and unconfirmed digital asset transactions mean such transactions are not completed;

(3) Digital asset transactions are irreversible: if you send any amount of digital assets to any wrong person or digital asset wallet address, you may not be able to cancel the transaction or recover these funds;

(4) If you lose or forget any PIN or password required to access and use the digital assets, the digital assets may be lost or unavailable to you;

(5) Blockchain (or digital asset) technology may have unknown inherent technical defects;

(6) Each country may introduce and promulgate new laws, regulations, and policies that affect the use of digital assets.

5.1 You shall not use the services provided by Bitdeer to engage in any activities that violate applicable laws and regulations. You shall not use the Services provided by Bitdeer to

(1) support, incite or participate in any terrorist activities;

(2) participate in any money laundering activities;

(3) fabricate or distort facts, spread rumors, and disrupt social order;

(4) promote or produce obscene, violent and/or terrorist content; or

(5) participate in any other activities that violate applicable laws and regulations.

5.2 You agree to comply with all applicable laws and regulations, this Agreement and all rules and policies announced by Bitdeer from time to time regarding the use of the Website and the services provided by Bitdeer.

5.3 You agree to provide all documentation and other information reasonably requested by Bitdeer from time to time in its sole discretion under its applicable “know your customer” and anti-money laundering rules and policies.

5.4 You shall be fully liable for the security of your account password (or other security devices). Any application or order submitted through your account is deemed to have been executed and agreed upon by yourself. If your account, password or other information is used fraudulently or illegally due to your negligence, we are not responsible for any risks and losses arising therefrom. If you suspect that your account, password or other information has been fraudulently or illegally used, you shall notify us immediately.

5.5 You agree and represent that the source of your funds used to purchase Bitdeer’s products is legal and compliant. You agree that you shall fully assume the relevant tax obligations arising from the use of the services provided by Bitdeer.

5.6 You agree and represent that you are using the services provided by Bitdeer only for your own benefit and that you are not using the services provided by Bitdeer on behalf of others or for the benefit of any third parties.

5.7 You agree to contact Bitdeer immediately if you find or suspect any fraud or misconduct by any third party using the services provided by Bitdeer.

5.8 Unless obtained prior written consent from Bitdeer, you may not register multiple accounts on the Website in any circumstances. You shall not register multiple accounts in order to obtain profits, rewards or coupons.

5.9 You may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account or password. Bitdeer cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

5.10 You should not participate in any activities that may affect the services provided by Bitdeer and/or the security of the Website.

5.11 You shall not use any method (such as Proxy, Tor, VPN, etc.) to block your Internet traffic and IP addresses or use other technical services that may hide the user's real Internet connection.

5.12 Intellectual property rights of any content displayed on the Website, including but not limited to articles, pictures, news, materials, website structure, website layout, website design, unless otherwise specified, are entirely owned by Bitdeer or Bitdeer’s licensor (if any). The User shall respect the intellectual property rights of Bitdeer and Bitdeer’s licensor (if any).

5.13 Bitdeer hereby grants you a limited, non-exclusive, revocable, non-transferable and non-sublicensable license during the term of this Agreement to use the services we provide under this Agreement. Bitdeer or its licensor reserve all rights, titles and interests in and to the Service, including all source code, object code, data, information, and their copyright, trademark, patent, invention and trade secrets, as well as all other rights not expressly granted to you under this Agreement. This Agreement does not constitute a waiver of any Bitdeer's rights under the intellectual property law of Seychelles or any other jurisdiction or any other federal, state or foreign law.

5.14 The User shall neither engage in any activities in the name of Bitdeer nor use the information/data on the Website without prior written authorization from Bitdeer.

5.15 For any data or information that we provide to you during the period in which you use our Product(s), you agree:

(1) that such data or information is only used for the purpose specified in this Agreement and in compliance with all applicable laws;

(2) not to transfer, transmit, display or otherwise disclose or make available such data or information to third parties except required by Applicable Laws; and

(3) not to improve or modify such data or information, nor to use such data or information to make derivatives or use in combination with any other information without Bitdeer's prior written consent.

5.16 You shall not make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally or otherwise, or take any action which may, directly or indirectly, disparage or be damaging to Bitdeer (including any of Bitdeer’s subsidiaries, affiliates, officers, directors, employees, partners or stockholders); provided that nothing in this paragraph shall preclude you from making truthful statements or disclosures that are required by applicable law, regulation or legal process.

5.17 YOU HEREBY UNDERSTAND THAT THE SERVICES PROVIDED BY BITDEER ARE NOT AVAILABLE TO THE FOLLOWING (EACH, A "RESTRICTED PERSON"): 1) RESIDENTS IN THE FOLLOWING COUNTRIES OR REGIONS: MAINLAND CHINA, SEYCHELLES, CRIMEA REGION, CUBA, IRAN, NORTH KOREA AND SYRIA; 2) ANY ENTITIES OR INDIVIDUALS THAT ARE RESTRICTED UNDER APPLICABLE TRADE SANCTIONS AND EXPORT COMPLIANCE LAWS; OR 3) ANY ENTITIES OR INDIVIDUALS THAT ARE RESTRICTED UNDER BITDEER’S COMPLIANCE OBLIGATIONS AND/OR INTERNAL RISK CONTROL POLICIES. AS TO THE USERS WHO USE THE MINER SHARING SERVICES PROVIDED BY BITDEER, THE RESTRICTED PERSON SHALL ALSO INCLUDE THE RESIDENTS IN THE UNITED STATES. THE ABOVE LIST IS NOT EXHAUSTIVE. BEFORE USING THE SERVICES PROVIDED BY BITDEER, PLEASE CONFIRM THAT YOU ARE NOT A RESTRICTED PERSON. IN THE EVENT THAT YOU ARE A RESTRICTED PERSON AND YOU USE THE SERVICES PROVIDED BY BITDEER, ALL LEGAL RISKS AND LIABILITIES CAUSED BY OR ARISING FROM SUCH USAGE SHALL BE ENTIRELY BORNE BY YOU, AND BITDEER SHALL HAVE THE RIGHT TO REFUSE TO PROVIDE SERVICES TO YOU, AND YOU SHALL NOT BE ENTITLED TO ASK BITDEER TO PROVIDE ANY REFUND.

6.1 YOU AGREE THAT BITDEER MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE AND/OR BLOCK YOUR FUTURE ACCESS TO THE WEBSITE IF BITDEER DETERMINES THAT YOU HAVE VIOLATED THIS AGREEMENT OR OTHER AGREEMENTS OR GUIDELINES WHICH MAY BE ASSOCIATED WITH YOUR USE OF THE WEBSITE (THE “BREACH OF THE AGREEMENT”). WITHOUT LIMITING ANY GENERAL LIABILITY AND INDEMNITY PROVISIONS THAT ARE SET OUT IN THIS AGREEMENT, YOU SHALL BE LIABLE FOR ALL LOSSES (AS DEFINED IN CLAUSE 7.6 OF THIS AGREEMENT) OF BITDEER CAUSED BY YOUR BREACH OF THE AGREEMENT. WHEN BITDEER DETERMINES THAT YOUR BREACH OF THE AGREEMENT HAS OCCURRED, BITDEER MAY WITHHOLD FROM AMOUNTS OTHERWISE DUE AND PAYABLE TO YOU ITS LOSSES CAUSED BY YOUR BREACH OF THE AGREEMENT. YOU ALSO AGREE THAT ANY BREACH OF THE AGREEMENT BY YOU WILL CONSTITUTE AN UNLAWFUL AND UNFAIR BUSINESS PRACTICE, AND WILL CAUSE IRREPARABLE HARM TO BITDEER, FOR WHICH MONETARY DAMAGES WOULD BE INADEQUATE, AND YOU CONSENT TO BITDEER OBTAINING ANY INJUNCTIVE OR EQUITABLE RELIEF THAT BITDEER DEEMS NECESSARY OR APPROPRIATE IN SUCH CIRCUMSTANCES. THESE REMEDIES ARE IN ADDITION TO ANY OTHER REMEDIES BITDEER MAY HAVE AT LAW OR IN EQUITY. YOU AGREE THAT BITDEER WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR SUSPEND OR TERMINATION OF YOUR ACCESS TO THE WEBSITE AS A RESULT OF ANY OF YOUR BREACH OF THE AGREEMENT.

6.2 If Bitdeer reasonably suspects that the User uses the services provided by Bitdeer in an illegal, fraudulent, or other improper manner, Bitdeer shall have the right to suspend the provision of the services to the User until the User can provide proof of compliance to Bitdeer’s satisfaction.

6.3 You agree that Bitdeer may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

7.1 BITDEER DOES NOT PROMISE THAT THE WEBSITE AND/OR THE SERVICES PROVIDED BY BITDEER WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE AND/OR THE SERVICES PROVIDED BY BITDEER WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND/OR THE SERVICES PROVIDED BY BITDEER ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION RELATED TO THE SERVICES PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BITDEER CANNOT ENSURE THAT ANY SERVICES PROVIDED BY BITDEER WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. UNLESS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY BITDEER, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BITDEER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BITDEER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISKS FOR YOUR USE OF THE WEBSITE AND/OR THE SERVICES PROVIDED BY BITDEER. UNLESS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY BITDEER, YOUR SOLE REMEDY AGAINST BITDEER FOR DISSATISFACTION WITH THE WEBSITE AND/OR THE SERVICES PROVIDED BY BITDEER IS TO STOP USING THE WEBSITE AND/OR THE SERVICES PROVIDED BY BITDEER. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

7.2 Bitdeer reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

7.3 Bitdeer shall not be liable for service suspension or termination occurring by reason of circumstances beyond its control, including but not limited to war (declared or undeclared), terrorist activities, acts of sabotage, blockade, fire, lightning, acts of god, national strikes, riots, insurrections, civil commotions, quarantine restrictions, epidemics, earthquakes, floods, hurricanes, explosions and regulatory and administrative actions or delays. In the event of such force majeure, Bitdeer shall take reasonable steps to minimize interruptions and loss but shall have no liability caused by or incidental to such force majeure.

7.4 The User agrees that any third-party links provided by Bitdeer is for convenience and reference only. Bitdeer's provision of these third-party links does not mean that it confirms these links and the content displayed on these links. Since these third-party links are not controlled by Bitdeer, Bitdeer cannot guarantee that User's access to such links is safe and virus-free. Bitdeer is not responsible for any loss caused by the User’s accessing such third-party links and any other third-party links not controlled by Bitdeer.

7.5 The User hereby understands and agrees: unless it is expressly agreed in writing by Bitdeer in advance, under any circumstances Bitdeer shall not be liable for the following events and the User's losses due to the following events:

(1) loss of trading profits;

(2) service interruption (such interruption is not caused by Bitdeer’s intentional misconduct);

(3) damage or loss of information/data not caused by Bitdeer ’s intentional misconduct;

(4) the computing power dies or withdraws from the market;

(5) implementation or change of laws, regulations and policy factors;

(6) that the User is restricted under Bitdeer’s compliance obligations and/or internal risk control policies based on the information provided by the User (including but not limited to the Personally Identifiable Information, financial information and digital asset wallet address);

(7) loss caused by the User's fault or violation of this Agreement (including but not limited to providing inaccurate information to Bitdeer, leaking password to third parties, etc.);

(8) other events not controlled by Bitdeer.

7.6 YOU AGREE AND ACCEPT THAT: WITHOUT DUPLICATION OF ANY OTHER RIGHTS TO RECOVERY OR INDEMNITY SET FORTH IN THIS AGREEMENT, YOU SHALL INDEMNIFY AND DEFEND BITDEER, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS, AGAINST, AND SHALL HOLD BITDEER, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS, HARMLESS FROM, ANY LOSS, LIABILITY, CLAIM, ACTION, SUIT, OR EXPENSE (COLLECTIVELY, “LOSSES”, INCLUDING REASONABLE ATTORNEY’S FEE) CAUSED BY OR RESULTING FROM YOUR BREACH OF THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT). IN NO EVENT SHALL BITDEER, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ADVISORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

7.7 IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THIS AGREEMENT), TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM BITDEER DIRECT DAMAGES UP TO USD$10.00 UNLESS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY BITDEER.

8.1 Waiver: no delay or omission as to the exercise of any right or power accruing upon any default by the User shall impair Bitdeer’s exercise of any right or power or shall be construed to be a waiver of any default or acquiescence therein.

8.2 Severability: to the extent possible, if any provision of this Agreement is held to be illegal, invalid or unenforceable in whole or in part by a court, the provision shall apply with whatever deletion or modification is necessary so that such provision is legal, valid and enforceable and gives effect to the commercial intention of the Parties. The remaining provisions of this Agreement shall not be affected and shall remain in full force and effect.

8.3 Governing Law: this Agreement shall be governed in all respects by the laws of Seychelles without regard to conflicts of law principles.

8.4 Dispute Resolution: You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Bitdeer, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim, except that you or Bitdeer may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights. UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU AND BITDEER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In the event that there is an ongoing dispute proceeding between you and Bitdeer, either you or Bitdeer shall have the right to suspend the performance of all its obligations until such dispute is settled in full.

8.5 Arbitration Agreement. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. The arbitration cost shall be borne by the losing party. The losing party shall also compensate the winning party’s legal fees and other expenses. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE (INCLUDING, WITHOUT LIMITATION, PAGA) OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY.

8.6 Replacement of Prior Agreements: By continuously using this Website and services provided by Bitdeer, you acknowledge that this Agreement shall replace and supersede all prior agreements between you and Bitdeer with respect to the subject matter provided for herein.

8.7 Version: the English version of this Agreement shall prevail.