This is an agreement between Genesis Mining Ltd ( “thegenesismining.com”, “we”, “us”, or “our”) and you (together with thegenesismining.com, the “Parties” and each a “Party”). By using any thegenesismining.com service, whether through thegenesismining.com, any associated website, API, or mobile application, you agree that you have read, understood, and accept all of the terms and conditions contained herein (the “User Agreement”).
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. IF YOU ARE A US PERSON AND WE CANNOT RESOLVE A DISPUTE THROUGH OUR USER OPERATIONS TEAM, ALL DISPUTES ARISING UNDER THIS USER AGREEMENT SHALL BE SETTLED IN BINDING ARBITRATION AS SET FORTH IN SECTION 15. ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.
1. GENERAL USE
1.2.1 We may change the terms of this User Agreement at any time. Any such changes shall take effect when posted on the thegenesismining.com.com Site, or when you use the Services. If you have supplied us with an email address, we shall also attempt to notify you by email of changes to this User Agreement. If you disagree with any changes to this User Agreement, contact us. 1.2.2 It is your responsibility to update your contact information, including but not limited to the email address provided to us (if any); failure to do so may result in you not receiving notice of any such changes to the User Agreement.
1.2.3 Read the User Agreement carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement. Our failure or delay in enforcing or partially enforcing any provision of this User Agreement shall not be construed as a waiver of any of our rights.
Airdrop Program means the provision of virtual currency by Genesis mining at no cost and on the terms set forth in Section 8.
API means application programming interface, is not a Service and is governed by a separate agreement. thegenesismining.com Exchange means the electronic trade execution system provided by Genesis Mining that is used for Mining Virtual Currency on the terms set foirth in Section 9. thegenesismining.com Group means the thegenesismining.com group of companies under the common control of Genesis Mining.
thegenesismining.com Site means the webpages and information available via thegenesismining.com and any thegenesismining.com mobile application.
Compliance Program means the requirements set by thegenesismining.com for collecting, verifying, recording and reporting information about you, upon first accessing certain Services and on an ongoing basis, whether for our business risk-management purposes or to comply with legal requirements applicable to us. Fork means a change to the underlying protocol of a Virtual Currency network that results in more than one version of a Virtual Currency, the result of which may be one or more versions that are not supported by Genesis Mining.
Lockbox means the electronic hardware key management device supported by the Wallet but provided by a third party as set forth in Section 7.
Services means one or more of the following services offered or provided by thegenesismining.com via website or local application (mobile, desktop, or otherwise), including the Wallet, Lockbox, Swap,, the Airdrop Program, thegenesismining.com Site, and thegenesismining.com Exchange.
Swap means the noncustodial conversion service provided by Genesis Mining that allows you to exchange one virtual currency for another virtual currency or for fiat currency on the terms set forth in Section 6. Mining Wallet means the functionality within the Wallet that permits you to hold Virtual Currency on a custodial basis with thegenesismining.com until such time as you have activated the self-custodial functionality within the Wallet.
User Account means an account kept by Genesis Mining for thegenesismining.com Exchange, the Airdrop Program, Swap and any Third Party Conversion Service. For the avoidance of doubt, no User Account is associated with a Wallet unless the Wallet is linked to one of the foregoing Services. Virtual Currency means a cryptocurrency, digital currency, digital asset, cryptoasset or other such similar term describing, for example, Bitcoin or Ether but does not include a derivative of a virtual currency, or a security, as defined under applicable law.
Wallet means the wallet software published by Genesis Mining., consisting of software that permits you to self-custody virtual currency, organise network addresses, view transaction history and transact in virtual currencies as set forth in Section 5.
3. COMPLIANCE WITH APPLICABLE LAW
Your relationship with thegenesismining.com and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction (Applicable Law). By entering into this User Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law.
4. ACCESSING THE SERVICES
4.1 Limited Licence
We grant you a limited, nonexclusive, non-transferable licence to access and use the Services and the thegenesismining.com Site solely in accordance with the terms of this Agreement.
You must keep secret all credentials associated with the Services. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that thegenesismining.com shall not be held responsible (and you shall not hold us responsible) for any unauthorised access to the Services or any resulting harm you may suffer.
Your access to one or more Services may be contingent upon satisfaction of our onboarding processes as well as our Compliance Program, which may include verification of your identity and source of funds, and additional information we may request from time-to-time. The information we request may include, without limitation, personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. In providing this information to us you represent that it is accurate and agree to update your User Account information promptly, but in no event later than 14 days following any change in your information. Failure to provide information or update it promptly may result in Services or funds being unavailable to you.
Any and all communications from thegenesismining.com may be provided to you via electronic mail at the address you provided when accessing the Services. thegenesismining.com shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this User Agreement or your use of Services so long as such notice is provided to such email address. thegenesismining.com may also communicate with you through other methods, including via telephone call, instant messaging or chat applications either operated by thegenesismining.com or a third party.
We may close, terminate, enable or disable any or all of the Services, your User Account or your access to the Services at any time and for any reason. You may close your User Account at any time and for any reason. Depending on the Services available to you in your User Account, we may require you to take certain actions in order to complete a pending transaction or provide additional information prior to closing such User Account. You are solely responsible for any fees already incurred or associated with the closing of your User Account, whether incurred directly by you from thegenesismining.com, or incurred by thegenesismining.com on your behalf with a third party in order to complete any such action. Closing your User Account may not result in the deletion of information we hold about you or your activity.
5. THE WALLET
5.1.1 The Wallet is provided to you exclusively by thegenesismining.com. The Wallet is only capable of supporting certain Virtual Currencies. Under no circumstances should you attempt to store Virtual Currencies in your Wallet that the Wallet does not support.
5.1.2 When you create a Wallet, the Wallet software generates a cryptographic private and public key pair that you may use to send and receive any supported Virtual Currency via the relevant Virtual Currency network. If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access Virtual Currency previously accessed using your Wallet in the event that we discontinue or no longer offer some or all of the Services or may otherwise lose access to Virtual Currency. We are not responsible for maintaining this data on your behalf.
5.2 Mining Wallet
The Wallet will generally be made available on a non-custodial basis enabling you to self-custody your Virtual Currency. Any Virtual Currency you purchase using fiat currency in the Wallet will be held in the Mining Wallet. All Virtual Currency held in your Mining Wallet will be custodial assets held by thegenesismining.com for your benefit. Among other things, this means that:
5.2.1 As the owner of Virtual Currency in your Mining Wallet, you shall bear all risk of loss of such Virtual Currency. thegenesismining.com shall not have any liability for fluctuations in the fiat currency value of Virtual Currency held in your Mining Wallet
5.2.2 You control the Virtual Currency held in your Mining Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Virtual Currency by sending it to a different bitcoin address controlled by you or a third party. In the event you wish to transfer Virtual Currency into the Wallet, you may be prompted to set up a backup phrase in order to do so.
5.2.3 In order to more securely custody assets, thegenesismining.com may use shared blockchain addresses, controlled by a member of the thegenesismining.com Group, to hold Virtual Currencies held on behalf of customers and/or held on behalf of thegenesismining.com. Although we maintain separate ledger accounting entries for customer and thegenesismining.com accounts, no member of the thegenesismining.com Group shall have any obligation to segregate by blockchain address Virtual Currencies owned by you from Virtual Currencies owned by other customers or by any member of the thegenesismining.com Group.
5.3 Risk Disclosures Relating to the Wallet.
5.3.1 In order to be completed, any Virtual Currency transaction created with the Wallet must be confirmed and recorded in the Virtual Currency ledger associated with the relevant Virtual Currency network. Such networks are decentralised, peer-to-peer networks supported by independent third parties, which are not owned, controlled or operated by thegenesismining.com.
5.3.2 thegenesismining.com has no control over any Virtual Currency network and therefore cannot and does not ensure that any transaction details you submit via our Services will be confirmed on the relevant Virtual Currency network. The transaction details you submit via our Services may not be completed, or may be substantially delayed, by the Virtual Currency network used to process the transaction. We do not guarantee that the Wallet can transfer title or right in any Virtual Currency or make any warranties whatsoever with regard to title.
5.3.3 Once transaction details have been submitted to a Virtual Currency network, we cannot assist you to cancel or otherwise modify your transaction or transaction details.thegenesismining.com has no control over any Virtual Currency network and does not have the ability to facilitate any cancellation or modification requests.
In the event of a Fork or other network disruption, thegenesismining.com may not be able to support activity related to your Virtual Currency. In the event of a Fork, the transactions may not be completed, completed partially, incorrectly completed, or substantially delayed. thegenesismining.com is not responsible for any loss incurred by you caused in whole or in part, directly or indirectly, by a Fork or other network disruption.
5.5 No Password Retrieval
5.5.1 With respect to the Wallet, thegenesismining.com does not receive or store your Wallet password, nor any keys, network addresses or transaction history. We cannot assist you with Wallet password retrieval. You are solely responsible for remembering, storing and keeping secret your Wallet password. Any Virtual Currency you have associated with such Wallet may become inaccessible if you do not know or keep secret your Wallet password. Any third party with knowledge of one or more of your credentials (including, without limitation, a backup phrase, wallet identifier or password) can dispose of Virtual Currency in your Wallet
5.5.2 When you create a Wallet, you must: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) protect and keep secret all credentials for the Wallet; (d) protect access to your device and your Wallet; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Wallet; and (f) use the backup functionality provided through the Wallet and safeguard your backup files. You agree to take responsibility for all activities that occur with your Wallet and accept all risks of any authorised or unauthorised access to your Wallet, to the maximum extent permitted by law.
thegenesismining.com does not currently charge a fee for the Wallet receiving, sending or controlling Virtual Currency. However, we reserve the right to do so in the future, and in such case shall display to you any applicable fees prior to you incurring the fee. Network fees (including, without limitation “miner’s fees”) required to use a Virtual Currency network may apply to a transaction. We may attempt to calculate such a fee for you. Our calculation may not be sufficient, or it may be excessive. You may select a greater or lesser fee. You are solely responsible for selecting and paying any such fee and thegenesismining.com shall neither advance nor fund such a fee on your behalf, nor be responsible for any excess or insufficient fee calculation.
We may provide Swap to you using the Wallet interface. Swap is provided to you exclusively by Genesis mining. Through Swap, thegenesismining.com shall display to you a conversion rate that may include a fee, which you agree to pay. Swap works in connection with the Wallet, by which we shall deliver to you the requested Virtual Currency, less any applicable fees, by executing a transaction from a Virtual Currency address we control to one associated with your Wallet.
6.2 Due Diligence
We may, at our sole discretion and from time-to-time, require you to satisfy our Compliance Program before participating in Swap or receiving funds. In order to use Swap, you agree to cooperate with any such request and pay any associated fees, which may be modified or supplemented at any time.
6.3 No Cancellation
You may not cancel, reverse or change any Swap transaction. We may suspend, delay, redirect, reverse or cancel any Swap transaction at any time and for any reason. For example, and without limitation, we may do so if we suspect any risk of fraud, crime, breach of this User Agreement, or illicit activity.
6.4 Transaction Limitation
We may implement Swap transaction limits. These may vary based on a variety of factors, including, without limitation, the time of your transaction, your location, the Virtual Currency purchased, and the Virtual Currency sold. We implement, raise and lower Swap transaction limits in our sole discretion.
7. thegenesismining.com EXCHANGE
We may offer you the ability to purchase and sell Virtual Currency for other Virtual Currency or fiat currency via thegenesismining.com Exchange subject to the terms of this Agreement. thegenesismining.com Exchange is provided to you exclusively by Genesis Mining. Use of thegenesismining.com Exchange requires a User Account, which may require you to complete certain actions pursuant to our Compliance Program. Your use of thegenesismining.com Exchange is subject to the terms of the Trading Principles as amended from time to time. In the event of any inconsistency between this Agreement and the Mining Principles, this Agreement shall apply with respect to matters relating to this Section.
7.2 Availability of Service
thegenesismining.com Exchange may not be available in all markets and jurisdictions. We may restrict or prohibit use of thegenesismining.com Exchange in certain jurisdictions (Restricted Locations), and change such restrictions or prohibitions at any time.
7.3 General Obligations
7.3.1 Number of User Accounts
We may, in our sole discretion, limit the number of User Accounts that you may create or maintain. We may terminate or suspend any User Account that exceeds such limit, and liquidate, freeze or refund positions and funds associated with such User Account.
7.3.2 Hardware and Software Requirement
We may limit use of thegenesismining.com Exchange to certain hardware devices and/or supported software. We do not guarantee that thegenesismining.com Exchange will be accessible through all manufacturers of electronic devices or software developers. Access to the PIT may also require certain hardware, software and security protocols, which could result in your inability to access thegenesismining.com Exchange.
8. GENERAL RISK FACTORS
Your use of the Services requires you to bear risks for which we cannot be held responsible. We list some, but not all of these risks below:
* Hardware, software or connections required to interact with a Virtual Currency network might fail, succumb to malware, unauthorised access or malicious attacks. Third parties may obtain unauthorised access to the Services, including, but not limited to your public and private keys. thegenesismining.com shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
* Forks, unknown vulnerabilities in or unanticipated changes to the network protocol may cause losses to you or others. Blockchain.com has no control over any cryptocurrency network and shall not be responsible for any harm occurring as a result of the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
* The risk of loss of value in using Services involving Virtual Currencies may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable.
* Virtual Currencies are not legal tender and are not backed by any sovereign government. In addition, the legislative and regulatory landscape around Virtual Currencies is constantly changing and may affect your ability to use, transfer, or exchange Virtual Currencies.
* When placing a “market order” in a Virtual Currency, your order will be executed immediately at the current market price. Market orders do not carry a limit price and will trade with anything on the order book. During periods of high volume, fast market conditions, illiquidity, or volatility in the marketplace, the actual price that a market order is executed at may be different from the best price indicated at the time of your order, and in some cases significantly so.
* Under certain market conditions you may find it difficult to liquidate a position. In such circumstances, thegenesismining.com may not have sufficient demand to meet your request to execute such a transaction. Placing contingent orders, such as a “stop” or “limit” order does not guarantee your potential loss will be limited to an intended amount, as market conditions may make it difficult to execute such orders. You may suffer losses due to orders executing at lower or higher values than anticipated or requested.
* Virtual Currency transactions may not be reversible. Once you send Virtual Currency to an address, you may lose access to your Virtual Currency temporarily or indefinitely. For example, an address may have been entered incorrectly, or an address may belong to an entity that will not return your Virtual Currency. Virtual Currency mistakenly sent to an address we control may not be recoverable.
9. GENERAL PROVISIONS
9.1 Intellectual Property
9.1.1 Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with the thegenesismining.com Site or the Services, are the property of thegenesismining.com or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied licence for the use of the contents of the thegenesismining.com Site or the Services.
9.1.2 You accept and acknowledge that the material and content contained in or delivered by the thegenesismining.com Site or the Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the thegenesismining.com Site or the Services as set forth in this Agreement.
9.1.3 You further acknowledge that any other use of content from the thegenesismining.com Site or the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via the thegenesismining.com Site or the Services on any copy you make of the material but failing to do so shall not prejudice thegenesismining.com’s intellectual property rights therein.
9.1.4 You may not sell or modify materials derived or created from the thegenesismining.com Site or the Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of such materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from the thegenesismining.com Site or the Services without our express, written permission.
10. FEEDBACK AND COMPLAINTS
10.1.1 thegenesismining.com strives to improve its Services to address feedback. If you have ideas or suggestions regarding improvements or additions to the Services, we would like to hear them; however, any submission shall be subject to this User Agreement.
10.1.2 Under no circumstances shall disclosure of any idea or feedback, or any related material to thegenesismining.com be subject to any obligation of confidentiality or expectation of compensation.
10.1.3 By submitting an idea or feedback or any related material that would be subject to intellectual property rights (the Work) to Blockchain.com, you grant to thegenesismining.com, with respect to the Work submitted, a non-exclusive, perpetual, global, royalty-free licence to use all of the content of such ideas and feedback, for any purpose whatsoever.
10.1.4 By submitting Work, you are waiving any moral rights to the fullest extent permitted under law that you may have in the Work and are representing and warranting to thegenesismining.com that the Work originated with you, no one else has any rights in the Work, and that thegenesismining.com is free of any royalty to implement the Work and to use the related material if so desired, as provided or modified by thegenesismining.com, without obtaining permission or licence from any third party
10.1.5 thegenesismining.com may sub-license in any way all Work and material you have submitted to thegenesismining.com.
10.2 Technical Support
We shall use commercially-reasonable efforts to supply email-based technical support services, but cannot guarantee immediate responses, especially during times of high volume.
11. REPRESENTATIONS, WARRANTIES, INDEMNIFICATION AND LIMITATIONS OF LIABILITY
11.1 No Violation of Law
You represent and warrant to us that you: (a) are not located in, under the control of, or a resident of any Restricted Location or any country to which the United States has embargoed goods and services; (b) are not identified as a “Specially Designated National” by the United States Treasury Department; and (c) shall not use the Services if you are prohibited by any applicable law, regulation, or rule from doing so.
11.2 Acceptable Use of thegenesismining.com Services
When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the foregoing, you agree that you shall not:
* use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
* use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
* use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
* use or attempt to use another person’s User Account, or credentials without authorisation;
* attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorised to access;
* introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
* develop any third-party applications that interact with our Services without our prior written consent;
* provide false, inaccurate, or misleading information; or
* encourage or induce any other person to engage in any of the activities prohibited under this Section.
12.1 Force Majeure
12.1.2 If by reason in whole or in part of any Force Majeure Event, either you or thegenesismining.com is delayed or prevented from complying with this User Agreement, then such delay or non-compliance shall not be deemed to be a breach of this User Agreement and no loss or damage shall be claimed by you or thegenesismining.com by reason thereof. “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.
It is your responsibility to determine what, if any, taxes apply due to your use of thegenesismining.com Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. thegenesismining.com is not responsible for determining whether taxes apply to your Virtual Currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any virtual currency transactions.
13. DISPUTE RESOLUTION FOR UNITED STATES USERS
If you live in the United States (or, if you are a business, have your principal place of business in the United States), any dispute arising between you and us under this User Agreement or our relationship (whether arising out of contract, tort, statute or any other manner) shall be settled in binding arbitration, in accordance with the Federal Arbitration Act under the American Arbitration Association’s rules; provided, however, nothing in this Agreement will waive, preclude or otherwise limit your right to (i) bring an individual action in a U.S. small claims court or (ii) file a representative action solely to obtain a public injunction.
13.2.1 The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish of your billing address, or another mutually agreeable location, in the English language. The arbitrator shall apply the law of the state of New York, without regard to its conflict of laws principles. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorised by law, and the arbitration decision may be enforced in any court. You agree that the arbitrator shall have the authority to order relief, and you agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to reasonable costs and attorneys' fees.
If the arbitrator(s) or administrator imposes filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. If a court decides that any provision of this section concerning Arbitration is invalid or unenforceable, that provision shall be severed and resolved in accordance with English law exclusively and the other parts of this section concerning Arbitration shall still apply. In no case shall the remainder of this User Agreement be affected. If the invalidity or unenforceability of a provision causes a dispute to proceed in a court instead of arbitration, the Parties agree that such court must be located in London, England, applying English law.
13.3 No Trial by Jury
By entering into this User Agreement, you expressly waive your right to a trial by jury and right to participate in a class action lawsuit.
14. DISPUTE RESOLUTION FOR NON-US USERS
14.1 If you live outside of the United States (or, if you are a business, have your principal place of business outside of the United States), any dispute arising between you and us under this User Agreement or our relationship (whether arising out of contract, tort, statute or any other manner), the courts located in London, England shall have exclusive jurisdiction of such dispute, and will hear the dispute under English law.